HomeMy WebLinkAboutZBA-03/08/1973 APPEAL BOARD
MEMBER
Robert W. Gil]ispie, Jr.~ Chairman
Robert Bercjen
Charles Gri~onis, Jr.
$¢rg¢ Doyen, Jr.
Fred Hulse, Jr.
Southold Town Board of Appeals
-~OUTHOLD, L. I., N.Y. 119'71
Telephone 765-2d'60
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
F~rch 8, 1973
A regular meeting of the Southold Town Boa~d of Appeals was
held at 7:30 P.M., Thursday, March 8, 1973, at the TOWn Office,
Main Road, ~outhold, New York.
There were present: Messrs: Robert W. Gillispie, Jr., Chairman;
Charles Grigonis, Jr.; Fred Hulse, Jr.
Also present: Mm. Howard Terry, Building Inspector.
Absent: Messrs: Robert Bergen and Serge Doyen, Jr.
Decision of the Southold TOWn Board of Appeals on Appeal No.
1715, The Great Atlantic & Pacific Tea Company, 650 Stewart Avenue,
Garden City, New York, for a special exception in accordance with
the Zoning Ordinance, Article VI, Section 600 C-3(a), for per-
mission to erect ground Sign° Location of property: north side
of Main Road-, Mattituck, bounded north by Bethany Cemetery; east
by Bethany Cemetery; south by Main Road; west by Ardprop, Inc. and
Factory Avenue.
THE CHAIR)~N: As you know, we have to make our decisions iu
public. Our thoughts on this application are that if we granted
it we would be defeating one of the purposes of the Zoning Ordinance.
~e have g~anted a sign to Mattituck Shopping Center, Inc. The sign
advertises the business conducted on the premises.
After investigation and inspection the Board finds that applicant
requests permission to erect ground sign on the north side of Main
Road, Mattituck, New York, The findings of the Board are that
The Great Atlantic & Pacific Tea Compa%v lease a portion of the
premises of the ~mttituck Shopping Center, Inc. and enjoy commercial
~outhold Town Board of Appeals
- 2 - March 8, 1973
advantages of a shopping center; that the shopping center has been
granted permission to erect a substantial standing sign in the
parking lot which will describe the business activities conducted
on the premises, namely, Mattituck ~hopping Center, Inc.
The Board finds that permission to erect more than one standing
sign on the premises of Mattituck ~hopping Center, Inc., under
Article VI, Section 600 C-3(a), advertising the individual business
of the applicant will establish an undesirable precedent for all
the businesses conducted in this and future shopping centers.
The Board finds further that the safety and carrying capacity
of Route 25, one of the two main east-west routes in the Town,
would be seriously diminished by any increase iu the number of
standing signs in the Mattituck area; that a series of large
standing signs, such as might be initiated by a favorable decision,
would tend to increase what has been described by the Suffolk County
Planning Commission as ~vlsual pollution", a condition frequently
encountered in the Str~P com~mercial development now existing on
Route 2% in MattZt~ck. Federal, State, County, and Town policies
support the need to control unnecessary advertising signs.
Further, the Board finds that ~hetcenstruction of standing
signs iu pa~king lots decreases the usefulness of parking facilities;
that adequate advertisement of the several businesses conducted iu
this shopping center may be obtained by wall signs permitted under
the Ordinance; that the foregoing findings are supported by the
~outhold TOWn Board, Southold TOWn Planning Board, and various
civic organizations, and are in the interest of the public; that
no hardship exists or is created by reason of the Board's findings.
The Board finds that the public convenience and welfare and
Justice will be served and the legally established of 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. Giliispie, seconded by Mr. Grigonis, it was
RE~OL~ZED, The Great ~tlantic & Pacific Tea Company, 650 Stewart
Avenue, Garden City, New York, be DENIED permission to erect ~round
sign on premises located on the north side of ¥~in Road, Mattituck,
New York, fo~ the reasons stated.
Vote of the Board: Ayes:- ~ssrs: Gillispie, Grigonis, Hulse.
~outhold Town Board of Appeals
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March 8, 197~
For the record: M~. Henry Raynor, Vice Chairman of the
Southold TOWn Planning Board was present to hear the decision
of the Bouthold Town Board of Appeals on Appeal No. l?l~, The
Great Atlantic & Pacific Tea Company. ~Ir. Raynor stated that
he came for the purpose of requesting that the sign be denied
for the reason that the Board has already granted a sign
des~nating the .shop. ping area, and each store may PUt up an
~on premises~ bu~ld~_ng sign. He said that his opinion is that
it would set~a precedent for every other business if this were
granted. He also stated that permitting a variance would detract
from the design of the 8moa and, for the above reasons, he came
to the hearing to request that the application be denied.
Mm. Cha~:~les Cummings also was present to hear the decision
on Appeal No. l?l~, The Great Atlantic & Pacific Tea Company.
F~. Cummings stated that he came to the hearing for the express
purpose of Opposing the granting of the sign as applied for.
Decision of the ~outhold Town Board of Appeals on Appeal
No. l?0~, Henry Zabohonski, Fishers Island, New York, for ~er-
mission to b~ild ~.l~u~.~g with reduced setback and side yards.
Location of property: Central ~venue, Fishers Island, New Tork.
After investigation and inspection the Board finds that the
application concerns Henry Zabohonski who has an irregularly
shaped piece of property zoned Heavy Commercial, more or less
opposite the Town Beach. He originally applied for a building
of 100 feet by' 120 feet. The lot is three qnarters (~/~) of an
acre, more or !ess, and has seven courses, and fronts on Central
Aven~e. Adjoining it to the north are two residential lots.
The Fishers Island Utility Company has an easement over the
property for a lead covered electric line which serves all of
Fishers Island. This application calls for a ~2,000 sq. ft.
building. In order to insert the building on this property it
would be necessary to place it behind this easement and at one
point it would be 2 feet from the rear line of the property which
is a fill pit. There would be 13 feet to the property line at
the northeast corner and approximately I foot against the easement
at the southeast corner. At another point there would be 31 feet
from the property line of the rear yard. Our new 0rdiuance requires
200~000 sq. ft. for an industrial plot. This lot is non-conforming.
Our new Ordinance also requires 100 feet for a rear yard and 100 feet
for a front yard, and 50 foot side yards. Therefore, some compromise
has to be made in this situation.
One of the Board's tno,aghts is that there should be at least
20 feet of side yards and 25 feet of rear yard against the fill Pit,
and a setback of at least 5 feet from the easement which carries
the lead cable; and the~e should be no vamiance in bulk parking
Sc~thold T~ Boa~d of Appeals -
regulations. M~. Zabohonski owns pro
can be used for additional bulk parki
Among other points that came up
of garbage and rats. N~v. Zabohonski
March 8, 1973
~rty across the street which
~g requirements, if necessary.
~t our hearings were control
~lans to have interior garbage
disposal. 'Another point involved the loading zone for trailers.
The Board believes that the load~ng zone Should be on the sb~h side
near Fishers Island Utility Company, Inc.
The Board agrees that there should be substantial side yards
subject to site plan approval of the Southold Town Planning Board,
and that the building 4hould be 5 feet from the Fishers Island
Utility Company easement which is l0 feet in width.
We have a Plan of Property to be conveyed by West ~nd Land
Company, Inc. to Henry & Annette Zabohonski, Dock 8ire.at West
Harbor, Fishers Island, N. Y. - Chandler & Pal.~er, ~ng~neers,
File No. F.11.57,.describi~g an additional property of the
applicant, approximately 3/~ of an as~e (more or less), across
Central Avenue to the east of subject property.
The Board finds that strict application of the Ordinance
would produce practical difficulties er unnecessary hardship; the
hardship created is unique and would not be shared by all properties
alike in ~heimmediate vicinity of thSs property and in the same
use distrzct; and the variance will n~t change the character of
the neighborhood, and will observe the spirit of the 0rdmnance.
On motion by N~. Gillispte, seconded by Mr. Grigonis, it was
' · 1
RESOLVED, Henry Zabohonzs, F~she~s is_~nd, New York, be
G~NTED permission to build building ~ith reduced setback and
sideyards on prope~y located at Central Avenue, Fishers Island,
New York, subject to the following conditions:
That any building constructe8 shall be no closer than
25 feet to the northerly property line, uo closer than
1% feet to the souther~v probert~ line, and that there
shall be at least 25 feet of~rea~ yard against the
fill pit, and that there shall be a setback of at least
5 feet from the l0 foot wide easement of Fishers Island
Utility Company, Inc. The front yard area shall be
determined by the position of the building in relation
to the easement.
That garbage accumulation shall be performed inside the
building in sealed contain~r~. No garbage shall be
atlewedto accumulate outside the building.
3. That this approval is subject to site plan approval of
the ~outhold Town Planning Board.
Sonthold TOWn Beard 'of Appeals
March 8, 1973
4- That whatever bulk parking requirements arennecessltated
by whatever floor plan is evolved for this building shall adhere
to the minimum require~ent of 350 sq. ft. per 100 sq. ft. of
sales area. In the event that the lot ~nder application has an
insufficient area for bulk pa~king requirements, the applicant
shall be required to furnish the necessary bulk parking require-
merit from land across the street which is at a distance of
approximate~ %0 feet. The necessary land to furnish this
requirement shall be considered a part of this action, and may
not be disposed of separately.
Vote of the Board: Ay s. Messrs: Gillispie, ~rigonis, Hulse.
PUBLIC HEARinG: Appeal No. 1725 - 7:45 P.M. (E.S.T.), upon
application of Mattituck Inlet Marina & Shipyard, inc. for
permission to erect and maintain an ~off premises~ directional
sign on premises of Aldrich Lane Realty Associates, northeast
corner of Main Road and Aldr~ch Lane, Laurel, ~ew Tork,
accordance with Article III, Bection 300 C-6 of the Building Zone
Ordinance. Fee paid
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
The Chairman also read letter dated August 24, 1972 received
from ~. Frank Born (agent for the owner), Born Realty, 217 Osborne
Avenue, Riverhead, New York, as follows:
eli is with m~ full consent and knowledge that I give
permission to the Mattituck Inlet Marina & ~hipyard
to erect a sign on the property at the corner of
Aldrich Lane and Route 25."
THE CHAIRMAN: is there anyone present who wishes to speak
for this applioatlon?
(There was no response.)
THE CH~!RF~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 for a special exception to erect
~outhold Tc~n Board of Appeals
-6-
March 8, 1973
and maintain an "off premises" direction sign on premises of
AldrichLane Realty' Associates, Laurel, New York. The Board
finds that Shis is a directional sign in the interest of the public
and the policy of the~Town is to encourage leisure time activity.
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 or substantially injured and the spirit of the
Ordinance will be observed.
On motion by Mr. Gillispie, seconded by ~k?. Hulse, it was
~ .RESOLVED, Mattituck Inlet Marina & ~h.~pyard, inc. be GRANTED
pe~mmssion to erect and maintain "off premmses" directional sign
on premises of Aldrich Lane Realty Associates, Laurel, New York,
as applied for, subject to the following condztion.
That the sign be located no less than 5 feet from the
property line.
Vote of the Board: Ayes:- Messrs: Giliispie, Grigonis, Hulse.
PUBLIC HEARING: Appeal No. 1726 - 7:55 P.M. (E.S.T.), upon
application of Mattituck Inlet Marina & Shipyard, Inc. for a
special ex. ception for permission to erect and maintain an
~off premises" directional sign on premises of R~v H. Reeve on
southeast corner of Sound Avenue & Aldrich Lane, Mattituck, New
York, in.accordance with Article III, Section 300 C-6 of Building
Zone 0rd~nanee. Fee p~id $15.00.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
The Chairman also read letter dated August 24, 1972 received
from Roy H. Reeve, owner, as follows:
"It is with m~ full consent and knowledge that I give
permission to the Mat~tuck inlet Ma~na & ~hioyard, Inc.
to erec~ a sign on m~ property at the corner of Aldrich
Lane & ~ound Avenue.~
THE CHAIHMAN: Is there anyone present who wishes to speak
for this application?
(There was ne response.)
Southo!d ToWn Board of Appeals
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March 8, 1973
Ttie C~IRMAN: Is there anyone present who wishes to speak
a '
ga~nst this application?
(There was no response.)
~fter investigation and inspection the Board finds that
applicant requests permission for a special exception to erect
and maintain an ~oFf premises" directional sign on premises of
Roy H, Reeve, Sound AvenUe & ~ldrichLane, ~attituck, New York.
The Board Finds that this is a directional sign in the interest
of the public and the policy of the Town is to encourage leisure
time activity. The Board agrees with the reasoning of the
applicant.
The Board finds the. t the public convenience and welfare and
justice will be served and t~he legally established or permitted
use of neighborhood property or adjoining use districts will not
be permanently or substantially injured and the spirit of the
Ordinance will be observed.
On motion by Mr. Hulse, seconded by Mr. Grigonis, it was
~SOLVED, Mattttuck Inlet Marina & ~h~oya~d, Inc..be GRA~TED
psrmissien to erect and maintain "off premi~s~ dlrect~onal sign
on premises of Roy H. Reeve, ~ound Avenue & Aldrich Lane, Mattituck,
New York, as applied for, subject to the following condition:
That the sign be located no less than 5 Feet from the
property line.
Vote of the Board: Lyes:- Messrs: Gillispie, Grigonis, Hulse.
PUBLIC HEARING: Appeal No. 1727 - 8:0% P.M. (E.S.T.), upon
application of F~ttituck Inlet Marina & Shipyard, Inc. for a
special exception in accordance with the Zoning O~dlnance. Article
VI, ~ection 600, Subsection C, and Article VIII, Section
~ubsection B, for permission to erect identification sign on
sidewall of building. Location of property: south side Mill Road,
Mattituck, New York, bounded north by Mill Road; east by Mattituck
Creek; south by Shore Acres Subumv~szou, ~est by J. Leo Grande,
M. Chudiak and M. Galburt. Fee paid $1%.00.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavit attesting
to its publication in the official newspapers, and notice to the
applicant.
The Chairman: Is there anyone present who wishes to speak for
this application?
(There was no response.)
~outhotd Town Board sol Appeals
March 8, 1973
THE C~L~MAN: Is there ar~one present who wishes to speak
against this application?
(There was no response.)
F~. HOW~RD TERRY, Building Inspector: The applicant wants
to use the whole side ef the building.
THE C~I~MAN: It should be limited as to the size of the
sign as stated in the Ordinance.
MR. TERRY: The building is about 30 Feet long. They want
to lO6ate the sign from the eaves to the height of a bumper on
a car~
After investigation and inspection the Board finds that
applicant requests permission to erect identification sign on
sidewall of b~llding on.the south side of Mill Road, Mattituck,
New York. The Board agrees with the reasoning of the applicant
subject to the sign meeting all the requirements of the current
Zoning Ordinance.
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 ~Lr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED, Mattltuck Inlet Marina & Shipyard, Inc. be GRANTED
permission to erect identification sign on sidewall of building
located on the so~th side of Mill Road, Mattituck, New York,
subject to the conditions of the current Zoning Ordinance, as
£ollows:
~ticle VI - Section 600-C(b) ~Yall Signs: One (1) sign
attached.to or incorporated in each building wall on a
public street and advertising o~mly the business conducted
in such building, providing such sign does not:
Vote of the Board:
Exceed two (2) square feet in total area for each
horizontal foot o£ such wall, and
Exceed in width one hnndred (100%) per cent of the
horizontal measurement of such wall,
Exceed l0 Feet in height, and
Project more than one (1) Foot from such wall.
Ayes:- Messrs: Gillispie, Grigonis, P~lse.
~outhold Town Board ~o_~ A~ppeals
- 9 - March 8, 1973
PUBLIC HEA~iNG: Appeal No. 172§ - 8:1~ P.M. (~.$.T.),
upon application of Oconee Construction Corp~, 67 West Main
Street, East [slip, New Tork, a/c Dr. Carlos Tejo, for variance
· ~
to Article III, ~ect~on 302 and ~ulk ~ched~le of the Building
Zone 0rdinanc.~ to maintain an accessory building in front yard
~ea and with insufficient side yard. Location of premises:
south ~ide of Maple Avenue (Private Road) off east side of
Grand Avenue,~. . Mattftuck; bounded north by Maple Avenue; east
by Mo Smith, '~outhby Long Creek; west by M. & P. Surer. Poe
paid $1~.00o
The Chai:~m~n opened the hearing by reading the application
for a varianc,~, legal notice of hearing, affid~vit ~ttesting to
its publlcati~n in the official newspapers, ant not~ce to the
applicant.
THE CHA~N: Is there anyone present who wishes to speak
For this appli~cation?
(There w~s uo response.)
TH~ CHA~: Zs there anyone present who wishes to speak
against this ~plication?
(There w ~s no response.)
After in~stigation and inspection the Board Finds that
applicant requests permission to maintain an accessory building
in front yard ~vea and with insufficient side yard on the south
sid~ of Maple &venue (Private Road) off ~he east side of Grand
Avenue, Matti~uck, New Tork. The findings o£ the Beard are that
applicant app~ied for a two car garage, 22~ x ~0~ in size. The
garage was to be attached to the one story Framehouseo However,
the garage ha~ net been attached but is adjacent and very close
to the easterly line of applicant's property (2 feet off the line).
The Board also finds that Part of the blacktop driveway extends
over the line to the east, and appears to be about ~ feet over
the line.
The Board finds that strict application of the Ordinance
would not produce practical difficulties or unnecessary hardship;
the hardship created is not unique and would be shared by all
properties alike in the i~diate vicinity of this propertyand
in the same use distrfct~ and the variance will change the
character of the neighborhood, and will not observe the spirit
of the Ordinance.
On motion by Mr. Gillispie, seconded by ~. Grigouis, it was
R~SOLVED, 0conee Construction Co~p., 67 West Main Street,
East Isllp, New York, a/c Dr. Carlos Te$o, be DENlqED permission
~outhold TOWn Board of Appeals
- l0 -
l~a~ch 8, 1973
to maintain accessory building in Front yard ~rea and with
insuf£tcfent side y.a~d on premises located on the south side
of ~ple `Aven~e (Przvate Road) off east side of Grand Avenue,
~ttituck, New Tork, as applied for.
it is the decision of the Board that the garage m~st be
moved to conform with the original building application, and
that the blacktop must be moved from the adjoining property to
the east.
The garage after bein~ attached to the house shall be no
closer than forty~-nine (49~ feet to the front yard property line,
and at least ten (10) feet from the property line to the east, as
origtnal~ projected.
The ~outhold Town Boa_wd of &opeals s~ts a sixty (60) day
period from today's date, March 8~ 1973, mn which the applicant
shall com~ormwith the original building application.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse.
PUBLIC HEARING: `Appeal No. 1729 - 8:30 P.M. (E.S.T.), upon
application of Patrick & Margaret Walsh, Mill Road, Peconic,
New York, for a variance in accordance with the Zoning 0rdinauce,
~A~vticle III, ~ection 301, for permission to divide property with
insufficient area and frontage. Location of property: Lot #11,
Map o~ Bailey Park, and Lot #9, Map of Blanche T. Dickinson,
Peconzc, New York. Fee paid
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attes~ing to
its publication in the official newspapers, and notice to the
applicant.
THE CH~L-~I~A.N: The application is accompanied by a sketch
indfcat~ng that .applicant is the owner of ~.,ot #9 (50 x 200~ on
Mill Road), a~d ~s also the owner of Lot #ll (~0~ x 140' olus on
Fasbender _Avenue). Lot #9 is contiguous to Lot .~tl. ~
THE Ot~.IRF~N: Is there anyone present who wishes to speak
for this application?
MR. P&.TRICK I~AL~H: The only reason we want to dispose of this
lot is that it is of no ~se to us. M~. Clark and Ym. Davito own
adjoining property and it is mnch more valuable to them.
Southold Town Board of Appeals
ll -
March 8, 1973
MR. CL~K: We bought the property' from N~s. Walsh's mother.
Clark & Mr. Davito discussed map with the Board)
MRS. WAI~.: Would there be anything against our selling
the lot~
THE CHA. L~MAN: No. However, it could only be used as an
accessory use. It is less than one-fifth of the present
re qu ireme nt.
THE CPL~IRMAN: is there anyone present who wishes to speak
against this application?
(There was no response.)
..~Jter investigation and inspection the Board finds that
applicant requests permissiou to divide property with insufficient
area and frontage. The findings of the Board are that this
division will not increase the density of population and this
transfer will facilitate access to and from the property of
N~. Clark and Mr. Davito, a Joint ownership.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties 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 o£
the Ordinance.
On motion by Mr. Gillispie, seconded by ¥~. Grigonis, it was
RESOLVED, Patrick and Margaret Walsh be GP~INTED permission
to divide property'with ins~fficient area and frontage on
premises: Lot #ll, Map of Bailey Park, and Lot #9, Map of
Blanche T. Dickinson, Peconic, New York, and permission to sell
Lot ~ll to Ne. Clark and Mr. DeVito, a transfer to Joint ownership,
on condition that this property shall not be used for residential
purposes. However, it may be used for accessory residential
purposes to their existing lot.
Vote of the Board: 4yes:- Messrs: Gillispie, Grigonis, Hulse.
For the record: The Chairman gave a brief explanation of the
decision of the Bosmd ouAppeal No. 171% to a representative of
The Great &tlantic Pacific Tea Company who, because of weather
conditions, was unable to be present when the decision was given
at 7:30 P.M.
Southold Town Board of Appeals
- 12 -
March 8, 1973
For the reco~d: The Chairman gave a brief explanation of
the decision of the Board on Appeal Nc. 1728 to a representative
of Oconee Construction Corporation who, because of weather
conditions, was unable to be present for the hearing which was
scheduled for 8:15 P.M.
PUBLIC HEARIh~: Appeal No. 1730 - 8:40 P.M. (E.S.T.), upon
application of Herbert ~uncy, 0rcha~d Lane, East Marion, New Pork,
For a permit to build an addition on existing dwelling with
reduced side yard area. Location of premises: Lots #64, 65, 66,
Section II, Gardiners Bay Estates, East Marion, New York, in
accordance with Bulk Schedule of Building Zone Ordinance.
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.
THE CHAIRMAN: Is t~re anyone present who wishes to speak
for this ~oplieation?
(There was no response.)
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 build an addition on existing
dwelling with reduced side yard area on premises located: Lots
#64, 65, 66, ~ec. ii Gardiners Bay Estates, East Marion, New York.
The Findings of the Board are that the plot plan indicates that
the addition to the present structure would be on the southwest
corner of the building and would enclose an open porch which is
presently there. The Board agrees with the reasoning of the
applicant.
TheBOa~d Finds that strict appticSti°n of 'the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is ~niqu? and woul~ not be shared by all
properties alike in the ~med~ate 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.
Southold Town Board of Appeals
March 8, 1973
On motion by ~. Hulse, seconded by Mr. Grigonis, it was
RE,sOLVED, Herbert Nuncy, Orchard Lane, East ~rion, New
York be GRANTED permission to build an addition on existing
dwelling with reduced side yard area, as applied for. Location
of premises: Lots #GM, 6%, 66, Sec. Ii, Gardiners Bay Estates,
East ~rion, New York.
Vote of the Board: Ayes:- Messrs: Giilispie, Grigonis, Hulse.
PUBLIC HEARING: Appeal No. 1731 - 8:50 P.M. (E.~.T.), upon
application of Joseph and Helen Rakowski to convert existing
dwelling into two zam~ly dwelling. Locatzon of proper~y: north
side of Private Road (~#22) off east side of Westphalia Road;
bounded north by Mattituck Creek; east by' J. &rignon; south by
Private Road ; west by L. Ford; in accordance with Article ~ZZ,
Bection 300 B-1 of Building Zone Ordinance. Fee paid ~15.00.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
THE CH~IRI~N: Is there anyone present who wishes to speak
for this application~
RIC~RD LARK, ESQ.: The application states the facts. The
Building Inspector has informed us that the premises have lost
their non,conforming use as a boarding house. It was used as a
non-conforming use untilMrs. Lester~s death. It was rented out
in the summer months but also had a few year round residents.
~t the present time both families are living there. I have a
survey dated December 6, 1971 which shows the r~lationship of
the house to the lot and to the water. The house has been ex-
tensively fixed up on the outside because the Rakowski's ran into
termite damage. They request that they be able to live there and
have a separate kitchen and living accommodations. (Mr. Lark
discussed the survey with the Board). Both F~. and Mrs. Rakowski
are here tonight in case you wish to ask them any questions.
THE CHAIRMAN: You understand the problem. We require
80,000 square feet in area for a two family house.
MR. RA. KOW8KI: We bought this property for my son so we
could live together because I am losing my eyesight and I would
like to have someone close by when i do lose it. ! am limited as
to what kind of job I can do now.
~outhold Town Beard of &pPeals - 14 -
March 8, 1973
THE CHAIR~N: Does anyone else wish to speak for this
application?
(There was no response.)
THE CH~IRN~N: Is there anyone present who wishes to speak
against this application?
MR. E. J. ARiGNON: I bought property fromM rs. ~chelin a
couple of years back. (Mr. Arignon showed survey to the Board).
We have PUt up a one family house.
TEE CH~IRI~..N: ~Nhere do you llve?
MR.. ARIGNON: In the city. Before I even bought the property
I thought it was one family zoning and that I would have to comply'
with all the rules and regulations for a one family house. Now,
I find someone is going to downzone my property. Their's will
probably go up in value. I would like to see the area kept as a
prime area. We are on a small right of way. We have no Town
maintenance. We can't have too much traffic back and forth. I
don't feel that they' should be allowed a two family house. Mr.
Rakowski knew this beforehand.
THE CHAEMAN: Under our Ordinance 80,000 sq. ft. is required
if you are going to have separate cooking facilities. There are
some big old houses where a two family' situation is better than
allowing the house to deteriorate. We don't have any real choice
in this particular situation.
~R. R~TTI (neighbor): (Mr. Ratti showed the Board what he
stated was an official survey). This is my property in back. I
was told when i bought this property that I was in violation on
side yards, frontage and square footage. I was told that the
house had to be moved and I had to comply with all the new
regulations. It was a pamt of one estate which was subdivided.
When I bought it i was told the cottage had to be moved. I made
numerous trips over here from the Bronx and had the house moved
back to conform to front and side yards. I had to comply with the
minimum square footage of the area and had to seal up the screened
porch. I feel it is only just if i had to co~oly with all these
rules and regulations that someone who buys a bigger house should
also look into these things. I considered using it as a two family
house but was told it was one family zoning.
THE~ CH~IRI~N: I think I can save everyone a lot of time. We
are unable to grant this application. We don't have the power to
grant it. It would be illegal of this Board to usurp the Town Board
which is the legislative authority of the Town. This is au appoint-
ive Board and we are held within strict limits. We can not do the
legislative job of the TOWn. Our zoning calls for 80,000 sq. ft.
for a two family residence. The non-conforming use which has been
abandoned for two years is no longer permitted except by' special
exception. ~he size of the plot would prevent us so we are
constricted from granting this appeal. This is one of the types of
~outhold Town Boated of Appeals
March 8, 1973
cases that went to the Court of Appeals in Albany when we took
it upon ourselves to grant a two family house. We were overturned
in ~lbany because we were usurping the function of the ToWn Board
which decrees lot sizes. We really are operating under special
instructions in this case. I don't believe there is any particular
need for a rebuttal period.
MR. IARK: I respectfully accept the Board's decision.
After investigation and inspection the Board finds that
applicant requests permission to convert existing dwelling into
two family dwelling. The findings of theBoard are that property
does no~ meet the proper zoning requirements as to area of lot
size whzch must be 80,000 square feet; and the non-conforming use,
which can be renewed any time within two'years, was abandoned for
more than two years and is not renewable.
The Board finds that the public convenience and welfare and
justice will not be served and the legally established or permitted
use of neighborhood property and adjoining use districts will be
permanently or substantially injured and the spirit of the Ordinance
will net be observed.
On motion by Mr. Gillispie, seconded by M~. Grigonis, it was
RE~OLVED, Joseph and Helen Rakowski, Westphalia Road, Mattituck,
New York, be DENZED permission to convert existing building into
two family dwelling for the reasons stated. Location oF property:
north side of Private Road (PR#22) off east side of Westphalia
Road, Mattituok, New York.
Vote of the Board: Ayes:- Messrs: Gilllspie, Grigonis, Hulse.
For the record: ~mmediately after the above hearing concerning
appeal of 2~. and Mrs. Rakowski, M~. Ratti reported to the Board
that his wife had been threatened by the Rakowski,s as they were
all leaving the meeting place; and that this is not the first time
that this has happened.
PUBLIC M~R1-NG: ~ppeal No. 1732 - 9:05 P.M. (E.S.T.), upon
application of Frank Vanecek to amend and modify the action of
the ~outhold Town Boa~d of ~ppeals on Appeal No. 1424 by adding
a gasoline dispensing pump at a non-co~mercial marina. Location
of premises: east side Narrow River Road, Orient, N. Y.; bounded
north by Ho Demarest & ~ons; east by Hallock Bay; south by
Plainland Realty Corp.; west by Narrow River Road. Fee pd. $15.00.
~outhold Town Board of Appeals - 16 -
March 8, 1973
The Chairman opened the hearing by reading the application
for a special excePtion, legal notice of hearing, affidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
The Chairman also read the Decision of the Southold TOWn
Board of Appeals on Appeal No. ~!24 dated May 6, 197I which
referred back to ~ppeal No. 565, Edwin H. King, September 5,
1963.
TH~ CHAIR~&N: Zn other words, the conditions under which
this marina is being operated were outlined in September 1963.
The following people have written letters opposing the granting
of this application:
Mrs. Newell G. A!ford, Jr., HalF cake DAve., Orient
Mrs. Jean H. Tiedke, President of League of Women Voters-Rlverhead
Cynthia Beer, Brown's Hills, Orient
Mary D. Dorman, Orient Village
~ylvta Newman, Brown's Hills, Orient
Anne MacKay, Brown's Hills, Orient
Robert Gordon, Brown's Hills, Orient
Robert and Eileen DeMaria, Brown's Hi~s, Orient
Lyndal Brandeis, Main Road, Orient
Beatrice E. Eastman, P. 0. Box 261, Orient
Lana Tannebaum, Narrow River Road, 0~ient
Robert Berks, Halyoake Avenue, Orient
THE CHAL~i~AN: Zs there anyone present who wishes to speak
for this application?
MR. ~NK VANECEK: I did not m~ke this application for the
purpose of getting rich. We had an incident last su~er when some
kids got stranded and no one was ~round, no one had any gas to
get to them. ~o, we just thought it would be a nice thing to
have for people who keep their boats there but if so many people
feel this way about it ~ would just as soon not do it.
THE CI~!R~N: Do you wish to withdraw your application?
I~. V&!~ECEK: No.
THE CH~IR2~N: These hearings are not r~n on a popularity
basiS. There are many things that we a~e not permitted to do.
A "marina~ has not even been very well defined. Few people in
the world can define it. ~o, it was stated in our first Ordinance
that marinas were by special e~ception of the Board of Appeals.
Then we discovered that everyone wanted to have a marina. ~t was
limited to six boats. Obviously, if you are going to build a dock
big enough for six boats yo~ are going to charge rent. ~. King
said under oath that he owned twenty or so boats. We were making
an attempt to distinguish between commercial and residential. We
were trying to keep this as a non-commercial marina. One of our
Southold Town Board of Appeals
- l? -
March 8, 1973
thoughtswas that it would not be a good thing to have gasoline
there as you were not going to be there to tend it, but the
basic reason was to prevent commercialization. We still feel
the same way about non-conform, lng mmrinas. TO perform all the
services you would have to have it zoned "C~ which would give
you permission to do a lot of things. All of this was before
the tremendous ecological thrust. Everyone is an instant expert.
There has not been enough research. The Federal government is
eliminating a lot of the research grants which would t~ach us
something about water, which we are highly' ignorant about. So,
thatts the background. If you want to withdraw the application,
Mr. Vanecek, you certainly may.
M~. VA~CEK: i don't wish to withdraw.
THE CH~IRP~N: Does anyone else wish to speak for this
applic at I on?
~. RUF~IER (interested bystander): ~at difference does
it make if you pu~P gas from a hose or dump it from a can? He
wants to do this for the convenience of people renting space.
I think there is less chance of spillage by using a hose.
_MR. VAS~ECEK: I built new styrofoam docks and I can show
you the holes from spillage. Gasoline just dissolves it.
2~R. RUi~PLER: It's pretty hard to get gasoline on Sunday.
TEE CEALRMAN: Is there anyone present who wishes to speak
against this application?
MR. GORDON NAC~ARLA~E, Conservation Chairman for the North
Fork Audubon ~ociety: I wo~ld like to leave a statement with you.
(~tatement opposing g~anting of application in file).
LOP~A~NE ~. TERRY, North Fork Enviro~ental Council, Inc.:
I would also like to leave a statement. The only' other thing
we have to add concerns sanitary facilities, to limit it to four
~on~ daylight use. (~tatement opposing granting of application
~n r~le.)
THE CH~IP~i&N: This Board is aware of the problems but the
Board of Health would be concerned. We certainly can't overrule
the Board of Health.
ViHGIN~ MOORE: I am a member of a number of different
Conservation Societies. Z am opposed to the installation of a
pump on ecological grounds. Z am also, for whatever it may be
worth, qualified as aeaman in the Power Squadron and they tell us
a lot about how to handle gasoline and there was not any guarantee
about less spillage from a pump or a can. They always said take
your gas can out of your boat to get it filled rather than having
the £umes going down into your boat. I am a boat owner and a friend
~outhold TO~ Board of Appeals
- 18 -
March 8, 1973
of a lot of the people who wrote letters. The Vanecekts might be
interested to know that when they bought the marina these same
people who w~ote were terribly glad because they all thought that
they were a nice couple and they Felt they would not spoil the
marina. They were delighted to have them here.
THE C~LAiRNAN: We ~ve ~ad this same situation before where
people speak against something ~althoug~h they a~e clients. In your
case, we find that your two points of view' dontt cor~lict.
Mi~ MOGHE: We should buy sail boats in preference to power
boats and be very careful of what we PUt into the water.
~R~. V~VECEK: t would probably be the one to pump the gas.
I am a school teacher, I teach 7th grade. It was only under the
pressure of a lot of people last summer that I came to you. I
really don~t care about selling gas. It was not that important.
Perhaps t should learn to sail. W~nen they need a rescue I~ll try' to
help out.
MR. WILLIAM T~: i Just learned that the Suffolk County
Department of Health has refused a cesspool to a home nearby the
marina (to the west of the marina) unless the ground level is
raised S feet.
T!TE CHAIR~N: Do they have to approve the water system on
the house the Vanecekts built?
MR. HOWARD TERRY, Building Inspector: That was approved a
long time ago.
~ter investigation and inspection the Board £iuds that
applicant requests permission to add ~ gasoline dispensing pump
at a non-commercial marina located on the east side of Narrow
River Road, Orient, New Tork. The Board Finds that ~dward H.
King, deceased, obtained permission to operate a residential
m~rina on t~? premises under application ou September 5, 1963,
Ajopeal No. 565. On &pril 6, 1965 the King Marina became a non-
conforming use by' reason of &mendment # 68 limiting the number
of boats to six. The Board finds, further, that on May 6, 1971,
concerning the same premises, Rudolph & ~dua Koubek, Appeal No.
~!24, were limited as to future activities, as Follows: 1. All
~oerations must conform to existing law. 2. Permission is granted
to remove the old barge and replace with floats. 3. ~ale of
gasoline, soft drinks, and ice is prohibited. ~. All commercial
or business activity, including vending machines is prohibited.
5. Storage of boats other than those of the owner is prohibited.
6. Use of these facilities by commercial fishermen or party boats
is prohibited. 7. The number of pleasure boats which may use
this facility is limited to no more than 75. Concerning Appeal No.
1732, Frank Vanecek, M~rch 8, 1~73, to amend and modzfy the action
of the ~outhold Town Board of ~ppeals on Appeal No. 1424, the Board
is in agreement that the decision on Appeal No. 142~ should be
upheld.
~outhotd TOWn Board of Appeals
- 19 -
Ma~ch 8, 1973
The Board finds that the public ~onvenience and welfare and
justice will not be served and the legally established or permitted
use of neighborhood property and adjoining use districts willbe
permanently or substantially injured and the spirit of the 0rdiuauce
will not be observed.
On motion by Fir. Gillispie, seconded by' ~Lv. Hulse, it was
RE,sOLVED, Frank Vanecek, Orient, New York, be DENIED permission
to amend and modify the action of the Southold TOWn Board of
Appeals on Appeal No, !~4, as applied for, and the Board of
Appeals reaffirms its decision as described.
Vote of the Board: Ayes:- Messrs: Gtllispie, Grigonis, Hulse.
PUBLIC P~EING: Appeal No. 1722 - 9:15 P.M. (E.S.T.), upon
application of Xenophon Damianos to amend Board of Appeals action
No. 1394 and variances according to Building Zone Ordinance,
Article X, Section 1008; Article XII, Section 1204 and Bulk
Schedule. Location of premises: Map of Greenport Homes, Main
Road (Route 25 or West Front ~treet) and 9th Street, Greenport,
New York.
The Chairmmn opened the hearing by' reading the application
to amend Board of Appeals action and variances on &ppeal No. 1394,
legal notice of hearing, affidavits attesting to its publication
in the official newspapers, and notice to the applicant.
THE CHA!RN~N: There was a previous hearing held on Pebruary
15, 1973, which was recessed to tonight with the thought that
more accurate plans could be worked out.
THE CHAIRMAN: Is there a~vone present who wishes to spea~
for this application?
GEORGE E. LECHTRECKER, E~Q.: I am here to speak for the
application, and Dr. Damianos is also here.
THE CHAIRMAN: Do you own the property now?
I~R. LECHTRECEER: We are under contract.
TEE CHAIRMAN: Our t~inking was that the former Resolution
would have t0 be modified in order to be of interest to
Dr. Damianos. An engineer was to consult with our building
inspector. We are here now to listen to y~r proposal.
Southold Town Board of Appeals
- 20 -
March 8, 1973
~. !ECHTRECKER: As was requested, Mr. John Olsen, our
engineer, met with ~. Terry on the 22nd of February. They
went through the layout with respect to setbacks and sideyards
and we tried to get it into a workmanlike form. We have a
sketch which I believe met with 2~. Terry~s tacit approval.
We are trying to meet the various objections as to what is
required lu terms of setbacks in order to develop this non-
conforming use.
THE CHAIR~N: is there a~voue here representing Greenport?
MR. LECHTRECKER: No, but we met with some of their
representatives today. We are so far encountering no problems
there. As you know, this is a complicated problem but we are
anxious to get going on this project. Dr. Damianos is very
enthusiastic. We have a trailer down there and I think that
caused some consternation. The idea was to show that we ~eaut
business and we wanted to do all the things that could be done
ahead. However, we have to await your feeling here. We will
try' to build but at the same time make it as easy' as possible
for the people who are now living there. We are making all
one bedroom apartments. We will give them time to vacate. We
can't get anyone out without going through a court procedure.
We apologize for anything any telephone man or electric man
may have said. Even if we wanted to we could not run roughshod.
If the people have been upset, we apologize.
THE CH~_.IRI~N: Dri-Gents application was approved.
not as attractive as the one Dr. Damianos is proposing.
is a difference in approach.
it was
There
~MR. LECHTR~CF~R: It was contemplated that something better
had to be done than what is there now. It was becoming dilapidated.
It was not even providing good accommodations. Dri-Gen wanted
to eliminate in stages and provide five buildings. We said we
were interested if we could atilize existing buildings and add
~ew buildings Which would be much more attractive, more in keeping
with your area. TWO years ago Dri-Gen could have forced people
out through legal means. The property' has to be improved by
someone. It can't be left as it is now. It's not a new problem.
Probably some of the people living there did not know that there
had already been approval For elimination. You are not losing
anything by approval of this application. Ne have to get
building plans and we have to do it in an orderly way. The reason
for the trailer being on the premises is that we wanted a little
place to keep tools and a place to take telephone calls.
We are just suggesting what we think is a more attractive
layout and some of the people who live there will continue to
live there. However, everybody's needs won't fit a one bedroom
Southold Town Board of Appeals
- 21 -
March 8, 1973
apartment. I don~t think there a~e any leases, it can be
terminated by either side. The landlord can't PUt you out.
He has to go to court and it takes about six months to do it.
We want to dO it in a nice way. It's to our benefit to work
with you and to accommodate you. There will be a disruption
and some people will have to be inconvenienced,
~. RG~E~!~RYHUGHE~(tenant of Greenport Homes):
is no housing in the area.
There
PL~. LECHTREC~ER: You are living in substandard housing.
MR~. HUGH~: I have seven children.
~. LECHTRECKER: i can't solve that particular problem.
Even if the Dri-Gen proposal went through you would have to move.
T~ CH~°~N: The Dri-Gen proposal was to demolish and
replace as~they went along. That also was limited to one bedroom
apartments. Some people certainly would have been displaced.
MR. IECHTRECKER: There is a problem that this lady has
that we have Found in Bellport and in Patchogue, and I don't
thinkwe can solve it on this particular project.
E~. HUGHES:~ There are 96 people on the premises, 55 of
whom are children. More than half are children.
MRS, FP~NCE~ KtO~KZ (tenant of Greenport Homes): I have!
been inquiring about apartments and they want $200 a month, $200
for security, and $200 for brokerage fees. We don't have that
kind of money. Our work is here. I k~uow it's substandard
housing. I have an eighteen year old boy and two girls, and I
have two bedrooms.
have four bedrooms.
F~. CHARIE~ 0R~TEN: I have thre~ children. I also live in
Greenport Homes.
MR~. K!O~KI: The people in this area don~t make high enough
incomes on J~bs to meet the high rents. Also, people are saying
they don~t want children.
(~s. Florence Eckhart was also present to represent the
Greenport Homes Tenants ~sso~iation.)
Mrs. Hughes submitted the Following letter from Greenport
Homes Tenants &ssoclation:
~outhold Town Board of Appeals
- 22 - March 8~ 1973
~We are concerned because our housing is apt to be lost.
We have .neither the funds or proper size families for the proposal.
There is no alternate housing for us.
ms residents of this area we feel such a large retirement
tyl~e project will backfire on Greenport. Many retired people
moving into this area have lost their big company' pensions and
have found it difficult to survive rising costs on Fixed income.
There are two results: No voting at school elections, hurting
our children; and eventually misuse of the one or two people
units. No codes have been enforced in the Town or Village yet.
The proposal does not fit our needs and can easily' increase
our housing problems severely in the Greeuport area.
We urge both the Village and Town to avoid assisting this
proposal. We need replacement of housing For people here now.
~Je ask you not to let us become displaced people."
MR. LECHTRECEER: This is a very human problem that is not
going to go away. i don~t know how many children were there
when Dri-Gen went in. It will probably get bigger.
THE CEAiRi~N: i don~t k~ow of any public housing going up.
2~. LECHTRECKER: They will have certain remedies which
the courts will give them but we can't take on any greater
responsibilities. I don't know if any of you people are
recipients of ~ocial ~rvices. I don~t know the problem. All
! can say is, we understand it. Dr. Damianos is a General Prac-
titioner. He is not a real estate speculator. He has been
involved with a nursing home for elderly people. !fou people are
the human problem that stands in the way. People oppose public
housing. You can't sell public housing under this climate. We
are not coming in to run roughshod over you.
We are trying to work out a layout that we think is attractive
and which is economically Feasible and which is not so sky-high
that people can't afford it. We will try to use as much of what is
there as we can. We will limit the bedrooms which is a limitation
on the number of children.
MRS. KIOSKI: It goes back to discrimination against children.
MR. IECHTR'ECKER: Only' pre-school children could get into
this accommodation. Most schools are interested in preventing
density of school children.
The only other problem we have here is that under part of
the Zoning Ordinance there has been a change in that the square
footage area is 850 sq.-t.f whether it~s a~no~ase~ or apartment.
Southold Town Board of A~ppeals
- 23 - March 8, 1973
8%0 sq. f~. makes for odd shap?d and immense rooms. Dri-Gen
showed 59D sq. ft. We Would lmke uplto 650 sq. ft. We have
three types: 620 sq. Ftc, 640 sq. ft., and 650 sq. ft. Most
municipalities make a difference between aps-~tment houses and
dwelling houses.
We have met with ~. Terry and understand the setbacks. We
have made a rough layout which will be polished up some more for
the Planning Board.
MR. HOWARD TERRY, Building Inspector: For the record, we
went ever the plans and our recommendations are that: Provision
be made For a common laundry room; three buildings of over 125'
in length would need a length variance; interior court- 40 feet
instead of 60 £eet; setbacks have been worked out; parking will
be acceptable; living area to be cut down to 650 sq. ft. instead
of 850 sq. ft.; fire walls between one and two story sections.
The ~tate MultiPle Residence law requires you to have two units
fixed for handicapped people and our thinking was that two
apartments could be placed by' the laundry room, which would also
be convenient to parking, it would all be in one corner.
I showed preliminary plans to the Planning Board and they are
going to request a Utility Room for lawn mowers, etc. We also
recommend that the street be paved so a fire truck can get in to
the westerly line of the property. The Planning Board is waiting
for a revised plot plan showing trees and shrubs for site plan
approval.
THE CHAIRMAN: The Planning Board will review it on the 28th.
~R. LECHTRECEER: We are going to have our own staging problem.
We were going to start with the Front ones but then we ran into
problems. We may have to work around people.
(~. John 01sen showed Map of Greenport Homes to the Board
and the Chairman asked the tenants who were present to indicate
the location of their homes).
MR. JOHN OL~EN: (Engineer) · had one survey party come out.
We will number the buildings with paint. At the same time we will
indicate what buildings people are living in and will stay away
From those as long as possible. We will talk with N~. ~ons~ll
as we go along. We will have underground electrical service
and the whole new project is to maintain existing sewer lines.
The intent is to have an open green belt so it will be decorative.
We will be building 60 new units and utilizing 40 old ones. We
were prepared to be ready next Wednesday so we will be prepared
with the Final plan for the meeting on March 28th, and the
meeting with N~. Monsell on Monday night.
Southold TOWn Board of Appeals
- 24 - March 8, 1973
~R~. SHERIPT~ K~TZ: I assume this will go before the Village
Board.
Iq. 0LSEN: The size o£ the apartments wilIbe no less than
600 square feet and no more than 650 square feet. We will have
fire walls. There will be 100 bedroom units exclusive of the
office, laundry room and utility room. We will have landscaping
and a buffer zone. There will be 150 parking spaces. There are
existing fire hydrants on the area.
THE CH~IR~tfAN: In order to accommodate this plan there would
have to be separation and length variances.
Nti. HOW~'ARD TERRT: The inner court would be landscaped and
the parking space dictates ~0 feet instead of 60 feet.
~. JOHN OLSEN: Everything that ~. Terry' has mentioned
will be on the site plan for the Planning Board as recommended
by the Building Inspector.
THE CHAIRM~N: This is an extension of the special exception
which was granted for non-conforming use in the past. The number
of units considerably' exceeds the demsity requirements. You could
not do this any'where else in Town but all the utilities are in
there: water, sewage, electricity, telephones. I don~t believe
there is any place in Town that could ever do this again. Except
that the people here will be displaced, it will be advantageous.
MR. DRISOOLL: The Supervisor of ~outhold Town can help and
the Mayor of Greenport can help.
HUGHES: We went to see the Mayor.
~fter investigation and inspection the Board finds that the
applicant, Dr. XenophOn Damianos, has contracted to purchase from
then'
~rz-Gen Realty Corp. the property formerly known as GREENPORT
HO~. ~ Map of Greenport Homes was filed in the County in 19~2,
defining 28 lots on a 7.13 acre tract on which fifty- one, two or
three bedroom dwelling units were constructed t0talliug 100 bedroomm
for emergency, housing during World War II, Ten of the original
units were abandoned or destroyed by fire. Action #1394, decided
on january l~, 1971, granted permission to replace the buildings
then on the site with five 20 unit buildings, each building to
consist of a one bedroom apartment with not over 650 sq. ft.,
subject to condzt~ons. Dri-Gen Realty Corp. did not implement
&cti°n ~1394. Then, as now, the project combines a number of
Services un~qu~ in the T~n including water, sewage, gas, electricity,
garbage removal, cablevision, reasonab~' close access to shopPing
facilities. The current project will not increase density as
originally projected and is limited to 100 single bedroom un~t~, is
generally approved by the several Boards of.the TOWn and the Suffolk
~ounty Planning D?partm?n~, as well as the adjoining Village of
reenpor% and various civic organizations.
Southotd TOWn Board of &ppeals
- 25 -
March 8, 1973
The unique problems of convertir~ deteriorated housing
by private initiative are not readily adaptable to all of the
needs of all of the present tenants. According to testimony'
there are 96 people on the premises, %5 of whom are children.
The present opportunity to rebuild a blighted area may' not be
repeated.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary' hardship;
the hardship created is unique and would not be shared by all
properties 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 l~k~. Gi!lispie, seconded bY' N~. Hulse, it was
RESOLVED that action on &ppeal No. 1394 be rescinded and
that the current action~ppeal No. 1772 be substituted therefor -
specifically that Dr. Xenophon Damianos be GRANTED permission to
move, if necessary, ~0 existing dwelling units and combine, if
necessary, such units with 60 units of new construction in order
to create 12 buildings in accordance with the preliminary site
plan of Greenport Homes drawn by Richard J. Norkaitis and John ~.
01sen~ Centerport, N. Y., architects and engineers, dated 1/i2/73,
subject to site plan approval of the ~outhold Town Planning Board,
with the following conditions:
& Laundry Room, subject to approval of Bui!dir~ Inspect°r,
shall be constructed in the southwesterly area of the
property between proposed buildings running parallel
to the Rai~oa~ and other proposed buildings paralleling
the westerly llne. Dwelling units for the handicapped
shall adjoin such a laundry room and facilities in the
laundry room shall conform to State Law, as it relates
to the handicapped.
2. Some of the buildings m~y ex~eed 12%'.
3. Front and Sideyard setbacks existing on February 15, 1973
may not be decreased.
Firewalls shall be constructed where required by the
Building Inspector.
gt least 1%0 parking spaces shall be toque.ed under the
bulk requirements of thecurrent Zoning' 0rd~nance' as
outlined in the proposal of 1/12/73 or as located by' the
Planning Board,
~outhold Town Board o£ Appeals
- 26 - March 8, 1973
10.
ll.
~ general utility building for storage of service
equipment shall be constructed, size and location
subject to approval of Building Inspector and
Planning Board.
Interior roads, access roads, and other site plans
shall be subject to approval of the Planning Board.
Access shall be from Ninth Street.
All roads and parking spaces shall be bituminous
surface~.
Each dwelling unit shall contain at least 600 sq. ft.
but not mo~e than 650 sq. ft.
Final~~ plans shall be subject to approval 'of the
Suffolk County Planning Commission.
Vote of the Board: .~ves:- Messrs: Gillispie, Grigonis, Hutse.
~uffolk County Pla~ing Commission Approvals:
Joseph Froenhoefer: For local determination with the under-
standing that adequate F.-street parkmng is to be provided on
subject premises in cor~ormity with the Zoning Ordinance.
Ethel ~ ~ .
~ort~s. ~or loca~ determination with the ~ derstand~ng
that t~ mini~m lot a~ea ~equ~rement be adhered to as stipulated
in Condition 2 of Board of Appeals.
Theodore & Jacqueline Bittner: For local determination with
the understanding that conditions are to be adhered to and
adequate offstreet parking provided for the contemplated use.
Utilization of subject premises ~ay be considered for a number of
years before the Board of A~peals renews their prerogative.
C~orge ~qetmore: For local determination with the understanding
that the original p~e-existing non-conforming detached sign be
removed to insure complete compliance with the Zoning Ordinance.
g 30 day time limit to be enforced in accordance with suggestion
of ~uffolk County Planning Commission.
Charles Gagen: For local determination. The Board should
~autiously excercize discretionary power in granting sub-standard
lot area variances which only serve to undermine the effectiveness
of established precedent for the c nt~nuance of such a practice.
O '
Triades: For local determination.
~outhold Town Board of Appeals
27 -
March 8, 1973
Decision of the Southold Town Board of Appeals on Appeal
No. 1720, Jack Driscoll, North Oakwood Drive, Lan.tel, New York.
~ Public Hearing was held on February 15, 1973, 8.45 P.M., at
which tirade decision was reserved subject to receiving survey
describing the current deeded right of way', consultation with
the Town ~ttorney', and approval of the Planning Board. The
application requested a variance in accordance with TOWn Law,
~ection 280A, for approval of access concerning property located:
Right of Way, north side of Henry's Lane, Peconic, bounded north
by' E. A~xien; east by Private Road and Pe¢onic Shores ~ubdivision;
south by Ga~ido and others; west by Right of Way' and Waimey.
~fter investigation and inspection the Board Finds that
applicant requests approval of access. The Board finds that
applicant owns a lot consisting of 46,373 square feeb in area
on existing private road off north end o£ Henry's Lane, Peconic,
New York, on which he wishes to build a one family dwelling for
his own use. The Board agrees ~ grant temporary access to the
property subject to conditions.
The Board finds that strict application of the Ordinance
w~ld produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by' all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit of
~he Ordinance.
On motion by Fn~. Gillispie, seconded by ~. Hulse, it was
RE~0LVED, Jack Driscoll, North Oakwood Drive, Laurel, New
York, be GR4NT~D temporary approval of access over existing
right of way from Henry's Lane over property of Four Bails Realty',
Inc., a distance of 1,000 feet or more to property of Jack Driscoll,
northeast of Pour ~ails Realty, inc., subject to the following
conditions:
That such right of access shall cease when property of
Four Sails Realty, Inc. is subdivided and new access to
this property is approved by the Planning Board.
That access must be subject to the approval of the
Building Znspector so that there is at least 16 feet
of ~nimpeded access with a solid base accomplished by
the addition of bank run fill.
That this access road may not be construed as being the
right of way For ~ny other residential properties or any
future properties of Four ~ails Realty', Inc.
Vote of the Board: Ayes:- Messrs: Gill!spic, Hulse, Grigonis.
Southold Town Board of ~peals
- 28 -
March 8~ 1973
Decision of the Eouthold Town Board of Appeals on Appeal
No. l?21, ~tanley J. Waimey, Orchard Street, New Suffolk, N. T.
A Public Hearing was held on. February l~, 1973~ 9:00 P.M.~ at
which time dec~sion was reserved subject to receiving survey'
describing the current deeded right of w~¥, consultation with
the Town Attorney, and approval o£ the Planning Board. The
application requested a variance in accordance with the Town
Law, Section 280A, for approval of access concerning property'
located: north side Henry's Lane, Peconic, New Tork, bounded
north by Axien$ east by Right of ~ay and Driscoll; south by
Four Sails Realty, Inc., west by C.P.F. Land Corp.
After investigation and inspection the Board finds that
applicant requests approval of access. The Board finds that
applicant owns a lot consisting of ~1,974 square feet in area
on existing private road off north end of Henry's Lane, Peconic,
New Tork, on which he wishes to build a one Family' dwelling for
his own use. The Board agrees to grant temporary access to the
property subject to conditions.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessar~ hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit of
the Ordinance.
On motion by' ~. Gillispie, seconded ~y ~. Grigouis, it was
RE~OLVED, Stanley J. Waimey, Orchard Street, New Suffolk,
New York, be GRANTED temporary approval of access over existing
right of way from Henry's Lane over property of Four Sails Realty',
inc., a distance of 1,000 feet or more to property of Stanley J.
Waimey, northwest of Four Sails Realty, inc., sub,oct to the
following conditions:
That such right of access shall cease when property of
Pour ~ails Realty, Inc. is subdivided and new access to
this property is approved by the Planning Board.
That access must be subject to the approval of the
Building Inspector so that there is at least 16 feet
of u~nimpeded access with a solid base accomplished by
the addition of bank run fill.
That this access road may not be construed as being the
~ight of way' for any other residential properties or any
future properties of Four Sails Realty, Inc.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse.
~outho!d Town Board of Appeals
- 29 -
March 8, 1973
On motion by }r~. Gillispie, seconded by }~. Hulse, it was
RESOLVED that the minutes of the $o~thold TOWn Board of
Appeals dated February 15, 1973, be approved as submitted,
subject to minor correction.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Huise.
On motion by >~. Gillispie, seconded by 2&v. Grigonis, it was
RESOLVED that the next meeting o£ the Southold TOWn Board of
Appeals will be held at 7:30 P.M., Thursday, 2~.arch 29, 1973, at
"O
the Town Office, Main Road, ~out~ ld, New York.
Vote of the Board: Ayes:- Messrs: Gitlispie, Grigoni~, H~ise.
On motion by ~. Hulse, seconded by' Mr. Gillispie, it was
RE,sOLVED that the ~outhold Town Board of Appeals set 7:30
P.M. (E.~.T.), Thursd~v, March 29, 1973, at the TOWn 0~fice, Main
Road, Southold, New York, as the time and place o£ hearing upon
application of Gordon G. Bishop, 600 Clearview Avenue, Southold,
New York, for a variance in accordance with the Zoning Ordinance,
Article IZI, Section 300 C-4, and ~ection 302, For permission to
construct private garage in front yard area. Location of property':
west side Gardiners Lane and so, th side Clearview Avenue West~
east by Gardiners Lane; south by Dart; west by John F~Lhall.
Vote of the Board: Ayes: Messrs: Gillispie G~gon_s, Hulseo
0n motion by ~Wh~. Grigonis, seconded by ~. Gillispie, it was
RE~LVED that the Southold ~own Board of Appeals set 7:40
P.M. (E.~.T.), Thursday, March 29, 1973, at the Town 0£fice, Main
Road, ~outhold, New York, as the time and place of hearing upon
application o£ James F. ~rray, Vansten Road, Nassau Point, Cutehogue,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, ~eotlon 304 and Bulk ~chedule, for permission to
divide property with less than required area and frontage. Location
o£ property: Lots 4 and %, Map of Peconic Bay Properties, Inc.
Vote o£ the Board: 4yes:- Messrs: Gilllspie, Grigonis, Hulse.
Southold Town Board of ~Ad0peals - 30 -
~rch 8, 1973
On motion by ~. Gillispie, seconded by ~2r. Grigonis, it was
RESOLVED that the ~outhold Town Board of Appeals set 7:50
P.M. (E.S.T.), Thursday, Me, ch 29, 1973, at the Town Office,
~in Road, ~outhold, New York, as the time and place of hearing
upon application o£ Dante Ho Catullo, 15 Rossiter Avenue, Yonkers,
New York, for a variance in accordance with the Zoning Ordinance
Article IZI, ~ection 301 and Bulk Schedule, for permission to
divide property with insufficient area and frontage, Location of
property: north side Bailey Beach Road, Mattituck, bounded north
by other land of applicant; east by right of way and Gatz; south
by Bailey Beach Road; west by J. Little.
Vote of the Boa~d: ~yes:- Messrs: Gzil~sp~e, Grigonis, Hulse.
On motion by I,~. Gilllspie, seconded by' ~. Hulse, it was
RE~OLVED that the ~outhold TOW~ Board of &ppeals set 8:00
P.M.(~,S,T.), Thursday, ~rCh 29, 1973, at the Town Office,
Main Road, $outhold, New York, as the time and place o£ hearing
upon application of Joseph and Ma~y Eirwin, Bay &venue, Cutchogue,
New York, for a variance in accordance with the Zoning Ordinance,
&rtiole iii, ~eetion 301 and Bulk Schedule, for permission to
divide property with less than required area and frontage.
Location of property: Lots #ll8 and ll9, Map of Nassau Farms,
Peconie, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse.
On motion by ~iv. Hulse, seconded by Mr. Grigonis, it was
P~OLVED that the Eou~hold Town Board of Appeals set 8:05
P.M. (E.~T.), Thursday, ~1~rch 29, 1973, at the Town Office,
Main Road, ~outhold, New York, as the time and place of hearing
upon application of Carl and Frances Chapman, Mattituck, New York,
for a variance in accordance with the Zoning Ordinance, &rticle iii,
Section 30~ and Bulk Schedule, for permission to construct dwelling
with less than required setback. Location of property: Lot #12,
Map of ~alt Lake Village, Mattituck, New York.
Vote of the Board: &yes:- Messrs: ' ~ ~ ' ~
G~ll~sp~e, Gr~gon~s, Hulse.
~outhold TOWn Board of Appeals
- 31 - MarCh 8, 1973
On motion by ~iv. Grigonis, seconded by Mr. Hutse, it was
RESOLVED that the ~outhold Town Board of Appeals set
P.M. (E.~.T.), Thursday, March 29, 1973, at the Town Office,
2~in Road, ~outhold, New York, as the time and place of hearing
upon application of Elizabeth A. Allen and Jane C.hambers, 280
Henderson ~treet, Jersey City, New Jersey, fm~ a variance in
accordance with the Zoning Ordinance, Article III, Section 300,
for permission to use existim~ accessory building as dwelling.
Location of property: west side Stars Road, East Marion, bounded
north by ~tars Road West; east by Stars Road; south by Philip
Frumenti; west by Balders, Weiss and others.
Vote of the Boa~d: 4yes:- ~essrs: Gillispie, Grigonis, Hulse.
0n motion by 2~. Huise, seconded by 1@. ~±mzspme, it was
REEOLVED that the ~outhold TOWn Board of Appeals set 8:30
P.M. (E.2.T.), Thursday, March 29, 1973, at the Town Office,
~in Road, Southold, New York, as the time and place of hearing
upon application of Edcho Corp., 320 Front Street, Greenport,
New York, for a special exception in accordance with the Zoning
Ordinance, Article VII, S:ection 700 B~, for permission to operate
public g~age. Location of property: north side Sound Aven~e,
Nattituck, bounded north by L. I. Railroad; east by A. Tnthill; south
by ~ound Aven~e; west by A. Palkovich.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse.
On motion by' M~. Grigonis, seconded by 1@. Gillispie, it was
R~'SOLVED that the ~outhold TOWn Board of Appeals set 8:40
P.M. (E,~.T.), ~hursday', March 29, 1973, at the Town Office,
M~in Road, ~o~thold, New York, as the ti~ and place of hearing
upon application o£ Williamm Constructing, inc., 320 Front Street,
Greenport, New York, for a variance in accordance with Article IZI,
~ection 303 of the Zoning Ordinance for permission to constr~ct
dwelling with less than average setback. Location of property:
east side Corey Creek Road, Southold, bounded north by ~. Hau;
east by ~. Meyer; south by J. Dunke~; west by Private Road, Corey
Creek Road.
Vote of the~ Board: ~yes:- Messrs: Gi!lispie, Grigonls, Hulse.
~outhold Town Board of Appeals
- 32 -
March 8, 1973
0n motion by l~fr, Gillispi~, seconded by ~o Grzgon~=, it was
RESOLI~ED tb~t the Southold Town Board of Appeals set 9:00
P.M. (E.S.T.)~ Tht~sday, March 29, 1973, at the TO~ Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Robert E. Levy, Harbor Lights ~Drive, Southold,
New York, for a variance in accordance with &rtlcle IIi, Section
300 C3 and ~ection 302 of the Zoning Ordinance for permission to
construct garage in front yard s~rea. Location of property: Lot #8,
Map of Harbor Lights Estates, Section One~ Southold.
Vote of the Board: ~es:- Messrs: Gillispie, Grigonis, Hulse.
On motion by i~. Gillispie, seconded by Mr. Hulse, it was
RE~OLVED that the Southold TOWn Board sol Appeals set 9:10
P.M. (E.~.T.), Thursday, March 29, 1973, at the TOWn Office,
¥~in Road, ~o~thold, New York, as the time and place of hearing
upon application of Dorothy M. Robohm, Main Road, Southold, New
York, for a variance in accordance with the Zoning Ordinance,
A~.ticle IIi, Section 301 and Bulk Schedule, for permission to
divide property with less than required area. Location of
property: northeast side of Youngs Road, Southold, bounded no, th
by C. Schwarz; east by Midfarm Road; south by H. Co~oy and
J. Prass; west by Hill Road.
Vote of the Board:
e · ~"~ -~ ' Grigonis, Hulseo
On motion by' ~. Hulse, seconded by M~. Grigonis, it was
RESOLVED that the Southold Town Board ~f Appeals set 9:20
P.M. (E.S.T.), TD~rsday, l~arch 29, 1973, at the Town Office,
Main Road, So,.tho!d, New York, as the ti~e and place of hearing
upon application of ~arah E. Gillespie, Smith Drive North,
.~onthold, New York, for a variance in accordance with the Zoning
Ordinance, A~ticle III, Section 300 CI for permission to use
building as doctor's office, doctor does not live in same
building. Location of property: east side Maple Lane, Southold,
bounded north by B. Hellman; east bY L. Edson; south by D. Pettit;
~ Road).
west by' Maple &ve~e (Private
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse.
~outhold TO~n Board of Appeals
- 33 -
t~vch 8, 1973
The Meets-rig was adjourned at 12:~).
R~bert W. G~l~isp~e~ Jr., Chzi~man