HomeMy WebLinkAboutZBA-02/15/1973Southo wn arcl o als
sOuTHOLD, L. I., Ni Y. 119"71
~ Telephone 765-2660
APPEAL BOARD
MEMBER
Robert ~f/, Gillispie, Jr., Chairman
Robert Ber$¢n
Charles Grigonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEAT~
February 15, 1973
A regular meeting of the Southold Town Board of Appeals
was held at 7:30 P.~., Thursday, February 15, 1973, at the
Town Office, Main Road, ~outhold, New York.
There were present: Messrs: Robert W. Gillispie, Chairman;
Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr.
Also present: ~. Howard Terry, Building Inspector.
Absent: Mr. Serge Doyen, Jr.
PUBLIC HE, RIP'G: Appeal No. 171~! - 7:~0 P.M. (E.D~S.T.),
upon application of Village Narine of Mattituck, Inc., Bay
Avenue, Mattituck, New York, for a special exception in accordance
with the Zoning Ordinance Article VI, Section 600 C-3 (c) and
~rtIcle Xi, Section ll00 for permission to ere0t an additional
sign (third sign). Location of property: east side Bay' &venue,
Mattituck, bounded north by L. Hoder et al; east by Private Road;
south by James Creek; west by Bay Avenue. 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 CHA_IRMAN: Is there anyone present who wishes to speak
for this application?
Southotd Town Board of Appeals - 2 -
FebrUary l~, 1973
- GARY F. OLSEN, ESQ.: I am here as Counsel for Will,am J.
Clark who is the attorney for Village Marine of Mattituck, Inc.,
as he can not he'here tonight. M~. Richard J. Scotti is present.
There is an existing wooden sign, 16 feet wide by h feet high,
on the west side. Mr. Scottt plans ito put on the front of his
building lettering s~Tfng "Village Marine" and he is going to be
an outboard and boat ~ealer in this !area. 'Essentially, he would
advertise to the public that he is authorized to act as s Chrysler
dealer. A. ppareutly Chrysler providels signs for dealers lu only
one size, 8 feet by 6 feet. It is an illuminated sign. It was
Mr. Scotti's intention to mount the isign on the roof, the north
side of the roof. Directly to the north is a Crown Gas Station.
In discussing this with Mr. Scotti he said he did not want
to put an illuminated sign on Bay Avenue. He thought the
neighbors might not like it there and that's the reason he felt
that for the development of the property and taking into considera-
tion the feelings of the neighbors it would be better to mount it
pm the roof and face out to Main Road where it would not bother
anybody. I would like to urge the Board's consideration as it is
necessary for the development of his business.
THE CH~iRM~N: The hame of the owner is given as Coll~m Signs,
Irc.
MR. RICHarD J. SCOTTI: They are the people who will PUt up
the sign for me.
THE CHAIP~a~N: Is the name of the owner Stanley and Helen Staron?
~. 0~: Yes. Mr. Scotti isi a tenant of the premises.
MR. ROBERT BERGEN: Is this illuminated sign double-faced?
MR. SCOTTI: Yes. i have a picture of it here.
MR. BERGEN: Would it not be better to put it on a pole on
the roof?
~ O
MR. SC TTI. I have a 3 foot space on the side of the building
and I think the eave comes over. I think this works out better.
LSEN. He has on the north side only a 3 foot strip.
MR. SCOTTI: The fence would block the sign.
NE. OLSEN: Mr. Scotti has suggested the possibility of
eliminating the wooden sign on Bay A'venue. ~-
Southold Town Board of Appeals - 3 -
February' 15, 1973
THE CHAIRMAN: You are permitted a wall sign and a standing
sign.
MR. OLDEN: Mr. SOotti felt that he is on friendly terms
with the nezghbors andwauts to stay that way, and he felt it
would be less objectionable to put it on the north side of the
roof rather than on the Bay Avenue side.
MR. ~COTTI: The total length of the building is 66.4 feet.
MR. 0LSEN: This Sign would extend approximately lb feet
above the w~st building, the largest building. There is also a
metal,building that has a higher reef line. They look as though
they are attached in one building. Since this is the only sign
that Chrysler provides Mr. ~cotti has to work with that.
The Chairman read from the Ordinance concerning signs in
B-1 zone.
THE CHAIR~RIN: Theoretically this should not exceed the ridge~
line.
MR. OLS~EN: It wo~ld exceed about l~ feet on the west building
but there is another building and it looks like they are attached
so it would not exceed the reef line of the east line of the
butlding~
THE CHAIRMAN: Is there anyone present who wishes to speak
against this applicati0n~
(Mr. Pete Warren asked to see the drawing.)
MR. OLSEN: We woU~d not exceed the requirements. It would
be less than has been ~here over the years.
THE CHAIRM&N: What has your conversation been with your
neighbors?
MR. SCOTTI: I have not spoken to them about this but I am
on friendly terms with those in the area.
THE CHAIRNAN: We have had a lot of support from the commnntty
on what we have done with signs. In return for placing this on
the roof you would be giving up a sign in the front of your
building which~itseems to me, would be better for you.
MR. SCOTTI:
across the way.
bother him.
I would no~ want to bother the fellow right
It would hit him directly. I think it would
Seuthold TOWn Board of Appeals
February 1%, 1973
THE CNAIRNAN: You would have this perpendicular to the road?
MR. ~COTTI: it would face the ~min Road.
THE CHAIRMAN: If it were in place of where the other stand-up
sign is, would it bother him?
MR. SCOTTI: There is a ramp driveway and a driveway into the
back. This would be a problem there. I won't leave it on all
night, it will be t~rned elf one way or another.
PETE W~EN: How high is it off the ground?
MR. SCOTTI: I would say it's 16 or 17 feet off the ground.
MR. OLSEN: The size of the sign is 8 feet high by 6 feet
wide.
THE CHAIRFAN: Will this pole go through the roof?
MR. SCOTTI: They say it can be mounted on the roof.
THE CHAIRN~N: I still say you would be better off having it
on the. ground. There is nothing that says you have to put it out
on the road. It could be put near the corner of the building.
MR. OLSEN: ~. Scotti knows that he is entitled to have one
ground sign and one on the building but he wanted to mount this
sign on the building in order to shield it from the neighborhood.
That's the sole reason, not that he thinks the advertising will
be any better on the roof. On Bay Avenue he might get better
visibility.
MR. BCOTTI: I did not know that it would go over the roof.
THE CHAIRMAN: It looks as if it would go 3 feet over the
roof,
MR. PETE WARREN: I feel it should be on the ground. With
the wind in that area it can be dangerous to have it on the top
of the building.
MR. SCOTTI: When the lights are on it definitely would bother
at least one neighbor, he has a ranch house.
D~. BERGEN: If you had it at the same a~gle that the sign is
now that would not reflect across the street. It won't throw light
out that m~ch.
Southold Town Board of Appeals - 5 -
February 15, 1973
THE OHA~I~LAN: I dontt believe it would disturb any neighbor.
In any case you have to use business property for business use
and in this case you would not be doing anything illegal.
A ground sign would make for easier maintenance.
MR. SCOTTI: If i PUt it in the ground could I use the north
side?
t~. 0L~N: He is talking about a pole ou the north side of
the building.
THE CHAIRMAN: It should be % feet From the line.
MR. SCOTTI: it would not overhang.
MR. 0LSEN: The entire sign would be on his property' and
would face parallel to the building line. I think it might be
better than putting it on the roof.
THE CMAiP~MAN: If he decided he wanted to put it on the Bay
&venue side he would not need a special exception.
~. OLSEN: If he decided he wanted to put it on the north
side of the building mounted on a pole so that one side would
face the roof, and he would,lose one advertising sign, and the
other side wo~ld face Main Road, would you grant a variance for
less than 5 feet provided it hangs over his own property?
THE CHAIRNAN: Yes.
A~ter fnvewtigation and inspection the Board Finds that
applicant requests permission to erect an additional sign on
property looated~on the east side of Bay Avenue, Mattituck, New
York. The Board Finds that applicantts reasoning fo, not wanting
to PUt an illuminated Chnysler sign on the Bay Avenue side of
the property is that it might be a disturbance to neighbors and
he, therefore requested that he mount the sign on the roof facing
out to Main Road. Applicant is aware that he is allowed one
ground sign and one on the building. The findings of the Board
are that if applicant wanted to locate this sign on the Bay Avenue
side he would not need a special exception; that the sign, if
mounted on the roof, would exceed the ridge line; and recommended
that applicant locate the sign on a pole in the ground provided it
hangs over his own property.
The Board finds that the public convenience and welfare and
justice will be served and the legally establ!shed 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.
Southold TOWn Boa~d of APpeals - 6 - February 15, 1973
On motion by Mr. Gillispie, seconded by Mr~ Bergen, it was
RESOLVED Village Marine of Mattituck, inc., Bay' Avenue,
Mattituck, New York, be GRANTED permission to erect an 8' x 6'
illuminated ground sign on the north side of applicant's building,
subject to the following conditions:
That there shall be at least a four (4) foot clearance and
that the sign shall be sixteen (16) feet in height above the
g~ound.
That no portion of the sign shall overhang neighbor's line.
That the post shall be at least two (2) feet from the
Property line.
Vote of the Board: Ayew:- Messrs: Gillispie, Bergen, Grigouis,
Hulse.
PUBLIC HEARl~TG: Appeal No. 1715 - 7:45 P.M. (E.S.T.),
upon application of The Great Atlantic & Pacific Tea Co., 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 permission te erect oversize ground sign.
Location of property: north side of Main Road, Mattituck, bounded
north by Bethany Cemetery; east by Bethany Cemetery; south by
~ln Road; west by &r~prop, Inc. and Factory' Avenue. 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 C~.L~tRMAN: is there anyone present who wishes to speak
for this application?
k~. S&LVATORE ROI~iANO: I am the agent for County Neon Sign Co.
~. ~0t~I J. LEGGiO: I am the agent for A&P, 650 Stewart Ave.
We request permission to erect a sign as per plan.
THE CHAiR~N: ~qhat is your reasoning for a request for an
oversize sign?
~kR. LEGGIO: They' have been putting large signs up throughout
the country'. However, when we are not permitted we usually come
down to a smaller size.
Eouthold Town Board of Appeals - 7 - February 15, 1973
THE CH~IRFL~N: One of the things that concerns us is
everyone would want to put a sign out here. In a former action
on a shopping center the applicant wanted to hang individual
plaques for the whole shopping center, i think he wanted an
oversized one and he was refused and wound up with a shopping
center sign. A wall sign and a standing sign is allowed. One
of the t~ings that is missing from our Ordinance is a way of
controlling this. It looks as if you could have a whole string
of signs as long as it did not interfere with the parking area.
A suggestion was made that you could be permitted to have a
ground sign in front of your place of business.
MR. LEGGIO: We feel it would create a hardship as it is
set back 4D0 feet from the Main Road. We do feel it would be
detrimental to us.
THE CHAI~N: Ninety per cent of the people who shop at
the A & P will know where it is so that argument doesn't stand
up too well. I am trying to talk you out of having a whole
string of signs there. There is no question in my mind about
what the Board should do as far as an oversized sign is concerned.
We can't change the Ordinance for the & & P, Gulf or Chrysler or
anyone else. We would like to protect the area from proliferation
of 6, 8, l0 or 12 signs. In the former shopping center appeal we
discussed a pile-on sign and I even argued for going a little bit
oversized but people from various civic organizations objected.
The result there will be a whole lot of signs in the shopping
center.
~R. FRED ELSE, JR.: The ohly signs that wil2 be any good
are the last ones at each end. They are the only ones that are
seen.
THE CHAIRMAN: Do you have permission to erect this sign
from the lessor?
MR. LEGGI0: Yes, we have permission.
TEE CHAIRMAN: We would have to see the letter of permission
from the owner to erect the sign.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
MR. PETE WARREN: We know that an oversized sign is not
allowed. If they do get permission from the owner to erect a
Sign outside there we will have to fight that. If they come
before the Board again to erect signs we would have to change the
Zoning Ordinance. The & & P sign, I believe~ can be seen by anyone
passing the building. I can't see any point to an additional sign.
Ninety-nine percent of the people in Mattituck and out to Jamesport
know the A. & P. is going in there , and a bank, and a movie, etc,
If they are going to shop at A & P signs won't make any difference.
Southold T~n Board of Appeals
-8-
February 15, 1973
THE CHAIR~L~N: I think you were here at the shopping center
hearing. One of our suggestions was to have an extra high pile-
on on which they could all put their signs.
~R. LEGGI0: We are doing that at Brookhaven.
MR. WARREN: Do they want one at each end? I don't think
they will try to do it because no one will benefit by it except
the first and last. It's a nice looking shopping center. Any'
sign on any one of those buildings can be seen.
The Chairman read letter dated February 12, 1973 received
from Elaine E. Cuddy, as follows:
"I am writing on behalf of myself and several residents of
the Mattituok area to ask that you not permit A&P Company'
to erect an oversized sign in the new shopping center on
the Main Road, Mattituck, New York. We feel the~ present~
sign ordinance provides sufficient advertising for all
merchants and is in the interest of maintaining the rural
atmosphere of our town.
The distinctive architectural style of an A&P store
coupled with a regulation size sign is more than adequate
advertising te attract consumers. Therefore we ask that
the Southold Town Zoning Board of Appeals be consistent
with its recent ruling prohibiting the entire shopping
center from erecting an oversized sign and reject this
individual request as well."
THE CHAIFaV~N: Mrs. Cuddy probably doesn't know that any'
business establishment is permitted a standing sign as well as
a wall sign. We will not consider an oversized sign. You will
net need a special exception for a standard size sign.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold TOWn Board of Appeals reserve
decision on Appeal No. 1715 until applicant submits permission
from the owner to erect sign on premises located on the north
side of Main Road, Mattituck, New York. The Board sets 7:30
P.M., Thnrsday, March 8, 1973, as the time of rehearing.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
Southold ToWn Board of Appeals - 9 - February 15, 1973
PUBLIC ~ING: 8.~00 P.M (E.D.S.T.) - Appeal No. 1716,
upon application of George Bird, LuPtOnS Point Road, Mattituck,
New York, for a special exception in accordance with the Zoning
Ordinance Article Iii, Section 300 B-l~ for permission to
conduct an auction sale on property of Vincent Bialeski.
Location of property: south side of Oregon Road, Mattituck,
bounded north by Oregon Road; east by J. Zuhoski et al; south
by L. Tuthill; west by EliJahs Lane. Fee paid $15.00.
The Chair~n opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavit
attesting to Zts publication in the official newspapers, and
notice to the applicant.
THE CHALR~v~A~N: Is shere anyone present who wishes to speak
for this application?
(There was no response.)
THE CM~IRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
A~ter investigation and inspection the Board finds that
applicant requests perm~ssion to conduct an auction sale on
property of Vincent Biateski, south side of Oregon Road,
~ttituck, on ~rch 3, 1973.
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.
motion by M~. Bergen, seconded by ~. Hulse, it was
RESOLVEDGeorge Bi~d, Luptons Point Road, Mattituek, New
York, be GP~TED permis~ion to conduct an auction sale on March
3, 1973, on the south side of 0regon Road, Matt~tuck, sub'e3 ct to
conditions of Resolution of the ~outhold TOWn Board of Appeals
dated June 1%, 1972, as follows:
1. Permission is ~or a one day auction sale to be held
on a specific ~ate.
Applicant must provide someone to supervise parking at
the a~ctien sale to prevent the blocking of neighbors'
driveways.
Vote of the Board: ~Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
Southold Town Board of Appeals - 10 -
February 15, 1973
PUBLIC HEAItrNG: Appeal No. 1717 - 8:05 P.M. (E.S.T.),
upon application of George Bird, Luptons Point Road, Mattitmck,
New york, for a special exception in accordance with the
Zoning Ordinance, ~eticle III, Secti n 300 B-14 for permission
to conduct an auction sale on property of Edward Charnews.
Location of property: sou~h side of Main Road, Peconic bounded
north by Main Read; east by' P. Wenzel; south by Leslie Road;
west by A. Erupski and wife. Fee paid $1%.00.
The Chairman opened the hearing by reading the application
for a special exception; legal notice of hearing; affidavit
attesting to its publication in the official newspapers; and
notice to the applicant.
THE CH~IR~. Is there anyone present who wishes te speak
for this application?
(There was no response.)
THE C~IRI~: Is there anyone present who wishes to speak
ga~nst this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to conduct au auction sale on
property of Edward Charnews, south side of Main Road, Peconic,
New York, on February ~!, 1973.
The Boa~d finds that the public convenience and welfare and
Justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will
not be perm~nent~v or substantially injured and the spirit of
the Ordinance will be observed.
On motion by Er. Grigonis, seconded by Mr. Bergen, it was
RESOLVED George Bird, Luptons Point Road, Mattituok, New
York, be GRANTED permission to conduct an auction sale on February
24, 1973 on p~operty o£ Edward Charnews, south side of Main Read,
Peconic, New York, subject to the conditions of Resolution of the
Southold Town Board of Appeals dated J~ne l~, 1972, as follows:
1. Pe~miss~en is for a one day auction sale to be held
on a specific date.
Applicant must provide someone to supervise parking at
the auction sale t~ prevent the bloc~no of neighbors'
driveways.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, G~igonis,
Hulse.
Seuthold TOWn Beard of Appeals -11- February 15, 1973
PUBLIC HEARING: Appeal No. 1718 - 8:15 P.M. (E.$.T.),
upon application ef Edward Petletteria, 1438-143 Street,
~itestone, New York, for a variance in accordance with the
Zoning Ordinance, Article III, Section 30~ and Bulk Schedule,
for permission to reduce required setback of house. Location
of property: Budd ~Pond Road, Southold~ Lot #16, ~p of Willow
Point, Seuthold, New York. 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 CHAIP~MAN: Is there anyohe present who wishes to speak
for this application?
~ MR. DAVID C~TRO~EO: We had the house location set up but
unfortunately the bulldozer operator must have mknocked over the
stakes. Nobody discovered the mistake until it was done. I
don't know what to say about it. We find that we are 1.9 feet
short en our Front setback. The footings and foundation are
THE CHAIR~L~: Is there anyone present who wishes te speak
against this application?
(There was no response.)
THE CHA~: I would point out that this is an area
varlauce and a very slight one. From the beginning when the
Zoning Ordinance required certain setbacks this type of error
happened frequently. We used to require that the applicant
rebuild the foundation but there have been decisions that
indicate that on an area variance the offense to the community
i~ less than it is on a use variance. The Board would have to
show that it affected the health, welfare and character of the
neighborhood and I don't think we could do that for 1.9 feet.
We have established a foundation inspection in the TOWn and
that is cutting down many errors.
After investigation and inspection the Board finds that
applicant requests oermission to reduce req,~ired setback of
house, Lot #16, Map~ of Willow Point, Southold. The findings
of the Board are that due to an error applicant is 1.9 feet
short on his front setback and that the foundation and footings
have already been completed. The Board agrees with the reasoning
of the applicant.
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 oroperty 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 A~ppeals - 12 - February 15, 1973
On motion by Mr. Gillispie, seconded by Er. Grigonis, it was
RESOLVED Edward Pelletteria, 1438-1~3 Street, Whitestone,
New York, be granted permission to reduce required setback of
house located at Budd Pond Read, Lot #16~ Map of Willow Point,
Southold, New York, as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
PUBLIC HEA~ING: Appeal No. 1719 - 8:30 P.M. (~.S.T.),
upon application of Warren and Dolores Ritzer, 71 Nadel Drive,
Riverhead, New York, for a variance in accordance with the
Zoning Ordinance, Article VII, ~ection 701 and Bulk Schedule
for permission to use existing building with insufficient
setback for business purposes. Location of property: north
side of Main Road, Laurel, bounded north by J. 0'Connell; east
by ~. 0~Connell; south by Main Road; west by Mattituck Holding
Corp. Pee paid $15.00.
The Chairman opened the hearingby reading the application
for a variance, legal notice o£ hearing, affidavit attesting to
its publication in the official newspapers and notice to the
applicant.
~. W~A~RRENRtTZER, JR.: I am representing my parents. The
former owner of the property is also here. You have read what
~ parents have wrltteu. We do feel we have a real hardship.
We would like to convert the farm stand into a snack bar and
serve sandwiches, hamburgers, frankfurters, pizza. M~vbe in
about five years we would hope to b~ild a bigger restaurant.
This farm stand has been there for some time and we don~t know
how to farm, we.don~t own a farm. We would like to operate what
we know how to do. We think it would be beneficial to the area.
We would sell food. We would like to serve even French cuisine
later on. We bought the land a month ago.
THE CHAI~&~N: Were your parents operating the stand on a
rental basis?
I~. RZTZER: With the permission of the owner. There was a
binder put on it in October.
THE CHAIR~N: They own it now? It's a completed sale?
MR. RITZ~R: Yes. We operated it most of the summer. Before
that we had uo connection.
Southold Town Board of Appeals - 13 - Pebruary 15, 1973
THE CHAIRMAN: Where did you come from?
~. RITZER: Riverhead. My parents were in the restaurant
business. They originally owned Mr. Pizza in Riverhead ten
years ago. My father was restaurant manager with Grant's for
two years. They' have a big chain of restaurants all over the
country, He was the owner of Mr. Pizza, Inc. and he sold his
corporation rights to that. Right now he is working as a chef
serving French foods. We don~t have the money to build a
restaurant now but if the Board would give us permission to
operate a snack bar we would renovate it to make it look very'
we ll.
THE CHAIR~IAN: Is there anyone else present who wou~d like
to sPeak for this application?
~I~. HENRY KERNOWSELI: This has cropped up w~th me before.
TH~ CHAIRMAN: Do you make money out of a farm stand when
you rent it?
~. EERNOWSKI: Yes, I do. As far as that building goes
it was in the same place before the Zoning Ordinance was brought
into law in the Town of ~o~thold. The building was there long
before this Board was established so ~ point is that it is
non-conforming.
ThE CHAIRNAN: A restaurant b~siness is entirely a different
business.
~. EER~0~SKI: The property' is zoned Business. It is off
the road, further from the center of the road than the stores are
on Love Lane.
THE CHAIRMAN: So far as farm stands are concerned, this
structure would have to be moved back. Prom a restaurant stand-
point it would have to be moved back to the prevailing setback
which is 35 feet. It would ~ve $o conform to minimum requirements
under the Ordinance.
MR. RITZER: There is a restaurant in existence, I don't know
whether it~s Elbow I or 2, that is very close to the road, even
closer than we are.
THE CHAIRNAN: Ton can't Just pass a law to move all buildings
back. The requirement is 35 feet back at least, and also the
Bulk Requirement concerning parking relates to the number of seats
in a restaurant.
MR. RITZY: The property is 200 feet back and the width is
ll% feet so we have ample room to PUt parking on that plot. We
could put %0 to 7% cars on that property.
~cuthold Town Board of &ppeals
- 14 - February 15, 1973
THE CHA~IR~N: parklng is a critical item. If you convert
this to a snack bar how many seats would you have?
Mt{. RITZER: We thought of opening it not as a sit in snack
bar but strictly as a "stop by and take home" type of place.
Later on, we would hope to PUt seats into it.
Tt{~ CHAIR~IN: What is the floor area?
~. ~R~OWSKI: Approximately l0 feet by' 20 feet.
T~Ct~N: We looked at it today and would suggest that
there should be five parking spaces. If you PUt chairs and tables
in it the parking requirement would be related to seating, subject
to the approval of the Building inspector.
MR. HOWARD TEP~RT, Building Inspector: In B District it would
have to be paved.
~M~. RITZER: We would have it paved.
THE C~IRMAN: Is there anyone present who wishes to speak
against this application?
'~S. AI~DREA REiYFEA: I don't think I would like it in that
area. it's right on the road. There is a gas station there and
a real estate office on the other side.
THE CHAIRMAN: It's a permitted use in a Business zone. It
is permitted to have a snack bar or restaurant. The problem is
that Mr. Ritzer doesn't want to move the building.
PLUs. WINIFRED RICAUES: I am concerned with cars coming in or
out. If it is not a sit-in place people would pulluup iu front
and then there wouldn't be room if the building is allowed to sit
where it is.
THE CHAIHM~: It can't sit where it is. Does the Building
Inspector think five spaces are enough?
~. HOW&RD TERRY, Building Inspector: It's a start. Eventually,
with seats, he may need more.
T~ CHALliS%N: Does anyone else wish to speak? (There was nc
response.)
After investigation and inspection the Board finds that
applicant requests permission to Use existing building with
i%sufficient setback for business purposes located on the north
side of Main Road, Laurel, New York. The findings of the Board
are that applicant wishes to convert farm stand to a snack bar.
' A snack bar or restaurant is a permitted use iu B zone but the
or~oinal farm stand which, applicant wishes to convert to a snack
bar is too c~ose to the road and must be moved back.
Southold Town Board of Appeals - 15 - February 15, 1973
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 immediate vicinity of this property and
in the same use district; and the variance will change the
character of the neighborhood, and will not observe the spirit
of the Ordinance.
On motion by ~ir. Gillispie, seconded by F~. Hulse, it was
R~SOLi~D Warren and Dolores Ritzer, 71 Nadel Drive, Hiverhead,
New Tork, be DENZED permission to use existing building with
insufficient setback fo~ business purposes on property located
on the north side of Main Road, Laurel, New York, as applied for;
but is GRANTED permission to convert farm stand to snack bar
subject to the following conditions:
1. That the snack bar be moved at least 35 feet back
from the lot line on Main Road.
2. That five (5) paved parking spaces be furnished for
patrons. (computed on the TOWn'S parking space formula.)
That this approval shall run for a period of one year,
after which time it shall be reviewed by the Board of
Appeals.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
PUBLIC HE~RiNG: Appeal No. 1720 - 8:45 P.M. (E.S.T.), upon
application of Jack Drtscoll, North0akwood Drive, Laurel, New
Tork, for variance in accordance with Town Law, Section 280A
for approval of access. Location of property: Right of Way,
north side of Henry's Lane, Peconic, bounded north by Axion;
east by Private Road and Peconic Shores Subdivision; south by
Garido and others; west by' Hight of Way and Waimey. Fee paid
$1 .oo.
The Chairman opened the hearing by reading the application
for approval of access, legal notice of hearing, affidavit
attesting to its publication iu the official newspapers, and
notice to the applicant.
THE ~l~N. The. a~pl~c, ation is accompanied by a survey
made by Toung & Young znd~cat~ng that the lot under application
Southold TOwn Board of Appeals
- 16 - February 15, 1973
is 46,373 sq. ft. Is there anyone present who wishes to speak
for this application~
~. J&CK DRISCOLL: The reason I want it is that it happens
to be a'lOvely spot to build my house on. There are quite a few
other houses on private roads like that.
THE CH~IRI~i~N: Is this all the property you own up there?
N~t. DRiSCOLL: Yes.
MR. STANLEY J. WA~i~/: I signed this application ms agent.
There was a discussion of the survey by Young & young, i~.
Waimey (referring to sketch) said that this right of way was
deeded to Mr. Nelson Axien in 1948. These are existing lots.
'We intend to straighten this out and get permission of the owner.
Nelson &xien owns about seven or eight of the houses.
THE CH~IRMkN: (referring to map) W~nose property is this?
l~E. WAIME~: This is for sale. Hight now it's owned by me
as a corporation.
THE CHA~Z~%N: If you are entering this over your own property'
it's a different thing than entering it over someone else's property.
Did you sell to I~'. Driscoll?
MR. DR1ECOLL: We bought at the same time.
MR. W&IF~5~: t bought individually and he bought individually.
~. DRISCOLL: This, eventually, from what we understand, is
going to he.developed (th~s piece over here) and when it is, there
will be public roads.
MR. WAIMEY: A s~rvey is being prepared now by' Alden ~ouug.
(indicating right of way on map) This is a deeded right of way.
THE CHAIRMAN: The Planning Board would be involved ~n this.
I would like to talk to the Planning Board and also to the Town
attorney. I~t~s an unusual situation. At the time I talked to
our attorney' I did not know that this was a deeded right of way.
What is M~. &xten going to do for Four Sails? He may want to
rearrange the roads.
ME. WAIME~: He owned all of this originally.
Southold TOWn Board of &ppeals - 17 - February 15, 1973
F~. DRISCOLL: If you go up there now you Will see a deep
hole in the mud. That is his right of way.
MR. WA. IMET: t would not want to stop Mr. Axfen from using
it.
TiTE CF~IRMAN: I think we will reserve decision on this.
I, however, see nothing against it.
FA~. W&~WtE~: My house is under contract now.
MR. HOW&RD TERRY, Buildtng~nspector: The Planning Board
meets on Wednesday of next week.
~. DRI~COLL: There is a prospective buyer for three of
the acres. We are trying to butld Four houses on eight acres.
F~. DRISCOLL: (referring to map) We feel that if these side
roads come in, this is the way we would come out.
in a further discussion it was noted that the original deeded
right of way ran all the way to the North Road. When Henry's Lane
was put in the other part of the owner's right of way' was terminated
by a new public road coming in so, now, the right of way runs from
the end of Henry's Lane to Axien's property and across Axien's
property to the other people's property' on the waterfront. All of
them have deeded rights of way going through this property to their
property.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
R~SOLVED to reserve decision on Appeal No. 1720, Jack Driscoll,
North 0akwood Drive, Laurel, New Tork, subject to approval of the
Planning Board and advice of Town Attorney.
Vote of the Board: Ayes:- Messrs: Glllispie, Bergen, Grigonis,
Hulse.
PUBLIC 1TEARING: Appeal No. 1721 - 9:00 P.M. (E.S.T.), upon
application of Stanley J. Waimey, Orchard Street, ~ew Suffolk,
New York, for a variance in accordance with the Town Law, Section
280A, for approval of access. Location of property: north side
Henry's Lane, Peconic, New York, bounded north by Axien; east
by Right of Way and Drlscoll; south by Four Sails Realty Corp.;
west by C. P. F. Land Corporation. Fee paid $15.00.
The Chairman o~ned the hearing by reading the application
for approval of access, legal notice of hearing, affidavit attesting
its ,
to ~. publication in the official newspapers and notice to the
appzxcant.
Southold TOWn Board of Appeals - 18 - February 15, 1973
THE Gti~IRNAN: Is there anyone present who wishes to speak
for this application?
MR. STANLE~ J. WALME~: The same circumstances apply to
this appeal as for the previous appeal of Jack Driscoll. There
are the same rights of way.(Mr. Waimey submitted Title Ins. Policy).
THE C~.IRM~N: Is there anyone present who wishes to speak
against this application?
(There was no response.)
On motion by M~. Gilltspie, seconded by Mr. Bergen, it was
RH~OLVED to reserve decision on Appeal No. 1721, .stanley J.
Waimey, Orchard Street, New Suffolk, New York, subject to approval
of the Planning Board and advise of Town Attorney.
Vote of the Board: ~ves:- Messrs: Gillisple, Bergen, Grigcnis,
Doyen.
PUBLIC HEARING: ApPeal No. 1723 , 9:1% P.M. (~.S.T.), upon
application of John Christie, 320 Front Street, Greenport, New
York, for a variance'in accordance with the Zoning Ordinance,
~tiCle XII, Section 1204 and Bulk Schedule for permission to
add and improve existing non-conforming buildings to make a total
of five dwelling units of existing non-conforming camp buildings.
Location of property: east side of Bray Avenue, Laurel, bounded
north by H. Klett; east by Wells Road; .south by Wells Road; west
by Bray Avenue. 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 no~ce to the
applicant.
The Chairman read letter dated January 26, 1973 addressed to
Mr~ Howard Terry, Building Inspector, from M~. John Christie.
Mr. Christie stated that he.is presently under contract to purchase
from the Roman CathOlic Diocese of Rockville Center a parcel of
land located in Laurel at the intersection of Bray Avenue and Wells
Read. He listed Buildings #Ps l, 2 and 3 and described the utilization
of the buildings. He stated that he wished to itransform these
buildings into four year ~ound rental units consisting of two
two bedroom efficiency apartments and two houses, with 2 bedrooms
in one house and i bedroom in the other. ~. Chr~stle listed his
plan of construction to renovate and improve the present units.
He-estimated that the renovation cost would be ~15,000 to be
completed by duly licensed contractors. (letter in file).
Southold Town Board of Appeals
- 19 - February 15, 1973
The Chairman also read Mr. Howard Terry's reply to Mr.
Chris~ie dated January 31, 1973, in which he advised N~r. Christie
that the lot at Bray Avenue & Wells Road is church owned camp
property and Mst be considered as a non-conforming use of long
standing; and that M~. C?mistie ts proposal would have to be
approved by the Board of Appeals both for total area of the lot
and size and location of the buildings. (letter in file).
THE CHAIR~N: Is there anyone present who wishes to speak
for this application?
MR. JOHN CHRISTIE: I think it would definitely improve the
area. These apartments would be small and would be used either
in the summer or on a year round basis. They would net be of any
great size that would create any hazard within the area or the
community. I also feel it would improve the values of the people
in the area. Children have torn down some of these buildings
during the year.
THE CHA~IP~MAN: You are under contract to buy providing you
get building approval?
MR. CHRISTi~: Ye s.
THE CHAIR2~N: What is the size of the lot?
MR. CHRISTIE: It's under a half acre. There are three buildings
on there now. I would like to have four year round rental units
consisting of 2 two bedroom efficiency apartments in one building
and two houses, one with two bedrooms and one with one bedroom.
The Church closed the camp down about two years ago.
MR. PETE W~ARREN: t count five units that they want to put
On a h~lf acre.
THE CHAIR~: We are still hearing people who wish to speak
for this application.
~ THE CHAIRMAN: Your purpose, as I understand it, is to
renovate the buildings, and collect income from the houses.
THE CHA IR~L~N:
this application?
Is there anyone else who wishes to speak for
(There was no response.)
THE CHAIRi~N: Is there anyone present who wishes to speak
against this application?
DORIS RU~F~t~s only' a half acre. There are three buildings
on it now. You can't see if yod go around the corner on that piece
of property. It's a danger to drivers and to children. I don't
want to see it developed.
Southould Town Board of Appeals
- 20 - February 15, 1973
ANDREA RE!2MEA: I live on Wells Road. The building is very
close to the road, the one that faces Wells Road. It is only a
half acre and if you are going to add more to it I don't think
there would be room. It will be like a bungalow colony. It
could be very crowded. We live in a nice section.
WINIPRED RICHES: My biggest complaint is that there are too
many people on a small piece of property. W~th summer bungalows
we'll have a million kids. Four families on a half an acre is
too many for that area. It's not a garden apartment area. I
don't know what it would do to the water supply, cesspools and
drainage.
ARTHUR STEiLI~MAN: I live directly across the street. My
objections are the same as the people who spoke before me. I
feel that four families could amount to 20 people ou a half acre.
i am concerned about water useage and sewerage. There would be
too many people on a half acre property. With zoning being one
acre, i think it is outrageous.
PETE WA~iREN: I Hope the Board feels as we do. It's completely
against the existing area.., too many people on a small piece of
property. I feel it is not for this area.
WA~_~TER ER~IA2[: I live just across the read, and I am against
this applIcat ion.
THOMAS RIC~S: I~ am of the same opinion. There would be too
many people in one area. It is not conducive to the area at all.
It Would depreciate other property. If we have one acre zoning, let
it be.
JOA/~AND PAUL B~N&TH: We came all the way from Brooklyn to
protest this. We bought for a summer ho~ and later on retirement.
We feel if this gentleman is free to do this, we would be free to
do the same thing. We have approximately the same size piece of
land. ~e were thinking of using our property for vacations and
later on as a metirement home. All o£ our plans were made...
suddenly this Eentleman steps into the picture. We came 100 miles
to protest this application.
ANlit KHAN/AK: We had the same idea. We had our troubles with
the camp children and then finally got rid of them. We came o~t
here to retIPe.
EVELYN OLSEN: I have an office on the !.iain Road and I wanted
to put a small house in back of my office and I was denied, i don't
see how he can do this.
Southold Town Board of Appeals
- 21 - February' 15, 1973
ALAN TUTHILL: I feel the same as everyone else. I l~ve
on Albo Drive. It's a very nice area and I can't see PUtting
four homes on a half acre. Where are they going to park? ~hat
about sanitation facilities? It's just too much for one area.
TH~ C~IR~N: My opinion is that this Board doesn't have
the power to grant. This requires a change of zone which is
highly unlikely. I would be unalterably opposed to it.
After investigation and inspection the Board Finds that
applicant r~quests permission to add and improve existing non-
conforming buildings to make a total of four dwelling units of
existing non-conforming camp buildings located on the east side
of Bray Avenue, Laurel, New York. The findings of the Board are
that the property consists of only one half acre which is much
too small an area for the purposes requested by the applicant.
This proposal would require a change o£ zone. A two family
dwelling requires 80,000 square feet of area. Fo~r units is
beyond the power of the Board of Appeals to grant.
Based on the size of lots in the surrounding area, many of
which are one quarter acre in size, the maximum that would be
permitted would be two residences. If the existing buildings
were demolished, two lots could probably be recognized. The
only alternative for applicant would be to divide the property'
into two lots and erect a one family house on each lot.
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~medIate vicinity of this property and
in the same use district; and the variance will change the
character of the n~ighborhood,.and will not observe the spirit of
the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED John Christie, 320 Front Street, Greenport, New
York, beD~NIED permission to add and improve existing non-conform-
ing buildings to make a total of four dwelling units of existing
non-conforming campbuildings located on the east side of Bray
Avenue, Laurel, New York, for the reasons stated.
Vote of the Board: ~yes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
Southold TOWn Board of Appeals - 22 - February 15, 1973
PUBLIC HEARING: Appeal No. 1724 - 9:30 P.M. (E.$.T.),
upon aPplication of George Kaytis, Main Road, Laurel, New York,
for a variance in accordance with the Zoning Ordinance, Article
III, Section 301, for permission to set off lot with less than
m~nimum width. Location of property: east side of Robinson
Road toff Right of way); bounded north by BOyd; east by Peconic
Bay; south by Neefus; west by Right of Way and Neefus. Fee paid
$1 .oo.
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.
Th~g CF~IR~N: The survey accompanying the application
shows a parcel of 1.5 acres with an access on Robinson Road.
It has 124.83 feet on the Sound with a depth of~520.27 ~eet on
one side of the property and slightly more on the other side.
THE CH&Yd~MAN: Is there anyone present who wishes to
speak for this application?
CHARLES E. RAFFE, ESQ.: This is a copy of the origiuat
survey done for N~. Neefus. The frame building that appears
on there is actually a studio. As I set forth in the petition
the garage is used by ~. Neefus. There is no way to widen
this parcel to 135 feet. The acreage which we seek to set off
is one and. a half acres. Mrs. Kaytis is a daughter of Mr. Neefus.
THE CH~IR~N: &s I understand it, Mr. Neefus will retain
the larger acreage and ~. and Mrs. Kaytis will become the owners
of the other portion.
MR. HOW~RD TERRY, Building Inspector: I hope they propose
to retain tb~t green hedge between the existing house and the
new house, between the garage and the Bay. It would be a shame
to tear it out.
THE CHAIRMAN: it is a beautiful piece of property.
THE CHAIRN~N: Is there anyone present who wishes to speak
against this. application?
(There was uo response.)
~ter investigation and inspection the Board finds that
applicant requests permission to set off lot with less than
minimum width on premises located on the east side of Robinson
Road (off Right of Way), Southold, New York. The Beard finds
that t~he parcel for which this.application is sought consists
of 1.~ acres and i.s a part of a large tract 'of land owned by
J. F~rman and Minnie M. Neefus4 It is only possible to use
the most northerly 120 feet for conveyance to the petitioner
Southold Town Board of Appeals
- 23 -
February 15, 1973
because there is a garage erected adjacent to t~s parcel which
is being used by the Neefus's.
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.
0n motion by' Mr. Grigonis, seconded by' i~v. Hulse, it was
RESOLVED George Kaytis, Main Road, Laurel, New York, be
GRANTED permission to set off lot with less than minimum width
on premises located on the east side of Robinson Road (off Right
of Way), Southold, New York, as applied for, subject to the
following condition:
That the newly created premises shall be used for one family
use only.
Vote of the Board: Ayes:- Eessrs: Gillispie, Bergen, Grigonis,
Hulse.
PUBLIC REARING: Appeal No. 1722 - 9:4% P.M. (E.S.T.),
upon application of xenophon Damianos, Main Street, Stony Brook,
New York, for a variance in accordance with the Zoning 0rdluance
Article X, Section 1008; Article XII, Section 1204, for permission
to amend Board of Appeals decision on Appeal #139~, in regard to
layout and design of buildings for proposed renovation of
Greeuport Homes. Location of property': south side of Main Road
(Route 25) and west side of Ninth Street, Greeuport, Map of
Greenport Homes. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a varfance, legal notice of hearing, affidavit attesting to
its publication in the official newspapers, and notice to the
applicant.
/ The Chairman read the Action of the Board on Appeal No. 1394
dated December 17, 1970 (decision rendered January 14, 1971).
TME~ CH~IRNAN: Is there anyone present who wishes to speak
for this application?
GEORGE LECHTRECEE2, ESQ.: I represent ~r. Damianos. We
entered into contract with Dri-Gen Realty Corporation ou December
28, 1972 for the purchase of this particular property. I looked
at it tonight and it doesn't look any better in the dark. It is
an eyesore situation. Drj Damianos and his brother are both
Southold TOwn Board of &ppeals
- 24 - February 15, 1973
physicians practicing medicine in Stony' Brook. He lives right
near the Grist Mill in Stony Brook. ~ are perhaps familiar
with the Cart?age House M~seum. In the sense of what this
should look like they have a nursing home and another one in
Patchogue near the Brookhaven Memorial Hospital. He is
attracted to this particular property and with his imagination,
and the fact that he works with Jehu 01sen, au engineer, it
should work out very well. The property was for sale as plans
did not materialize. I think we all know what two story
apartment houses leek like.., permanent army barracks. He
recognized that this thing could be worked ou and developed
into something much more attractive and of more lasting value
to the Village and the Town. Ne have in mind the type of thing
like the Colonial Village not so far from here.
The idea is to develop it by breaking roof lines and end up
with eleven buildings, some would be two story and some would be
one story. Let me show you what our engineer did. (Mr. Lechtrecker
showed the proposed design to t~e Board). ~nat we would do is
utilize these ex~sttng buildings. It would be masonite on the
outside - aluminum siding. We would PUt a new building in the
center and take the existing buildings and PUt them on the ends.
There would be a broken reef line... New ~ugland colonial type of
thing. This is'what we are driving towards, this type of concept
where everyone would have a separate entrance, all electric,
people would supply their own heat, the apartments would be
carpeted, they would be finished units with the same number of
bedrooms. How would that look on that particular site?
We would have enough time to let people move out but we
want to do it as one package. We don't want to destroy a certain
percentage of It before we go on to the next. We would lik~ to
get all our footings in at one time. Younwill have your parking
on the inside and you will have your shrubbery. That's why I
mentioned s'em~e of the buildings the doctors have been involved
with. I represented the doctor on all his things in my neck of
the woods. I was on the Planning Board in Brookhaven and had
civic associations come in who were very much in favor of what
the doctors had done. A lot has to do with who is handling the
deal. We will do it ourselves. We will do the job, we will close
title on that basis. I have layouts I want to leave with you.
The idea of ~nat should be done down there was something that
was decided long before we came into the picture. People here
must have felt that there was a bett~ way than what is there now.
There was an alternative suggestion but it did not come to pass.
We feel that this is a better deal. We will have something we will
be proud of. We feel there is a need. We don't want to knock
down buildings before we can move to the next building. These will
be one bedroom apartments all the way through. There are enough
Southold Town Board of Appeals
- 25 - February 15, 1973
elderly people, childless c~aples and broken marriage peddle.
I dontt think we would have any trouble at all. It's a good
location and we should not have any problems at all. There
would be a change only in one respect - layout aud time table.
THE CHAIRMAN: How would you waut the time table to run?
MR. IECHTRECKER: We would obligate ourselves to start by
a certain time.
DR. XENOPHON DAMIANOS: I have not met M~. Terry' before.
I would like to get him together with ~. Olsen, my engineer.
i would like to have ~. Olsen come out and explain what we
want to do with the layout, how we want to move buildings
arouud, and how we want to do it stage by stage.
THE CHAIR~N: Have you made any analysis of the present
occupants?
DR. DAMI~NOS:
THE CHAIR~N:
I believe there are twenty-five.
How many of the 28 buildings are vacant?
MR. JACK DRISCOT~: Right now there are 6 that are completely
vacant. I left them vacant with this in miud, or if we got
mortgage. This is what held us up, the FHA.
DR. DAMIANOS: We are not going FHA.
THE CHAIRMAN: One of the problems is what happens to the
people who are there now.
DR. D~A~IA~OS: Some of the people will be welcome to remain
but some won't be able to afford the apartments. They will all
be one bedroom apartments. Where we have more than one bedroom
now we will knock walls down and make one big room. They are
approximately 600 square feet. We wo,ald like to make some of them
larger.
MR. HOWA~D T~T, Building inspector: At the time we did
not have a set £igu~e For apartments. Now we have a set figure
which is 8%0 square feet.
MR. DRISCOLL: I think 850 square feet for a single bedroom
apartment is m~ch too large, i mnderstood that 850 square feet
was for a one family house, not apartments. Also, as far as
reIocating the Dresent tenants it's been Supervisor Martocchia's
idea that they can handle the relocation. This is what he told
the mortgage people, the ~HA. They feel they can relocate the
people without any problems.
~outhold TOWn Board of Appeals
- 26 - February 15, 1973
MR. LECHTRECEER: We are providing one and a half car space.
The only problem now if we are going to go into 850 square feet,
I don't know how that will Fit in there. We would have to eat
up a lot of green area.
TEE CH~%IP~¥~N: You are just going to use the x~st~ng buildings?
MR. L~CHTREOKER: Some are useable. They would be one story
buildings on the ends. The new buildings would be two story.
It was 650 square feet before but what we would like to do is
get a configuration keeping it in mind that we are keeping it to
one bedroom apartments.
THE CHAIRMAN: We were working under the old Ordinance at
that time. The emergency housing was well built basically so
what we did there was recognize non-conforming use, and the
zoning was changed, to Business to permit this to become apartments.
Before that, it was non-conforming Residential. Part of th~
problem was taking care of the people who were living there
which was part of the reason for requiring separate development
of the buildings. I think banks were going to lo~ money on
that basis and, also, we did not want piles of debris on the
premises.
~. LECHTRECKER: Banks like to set their o~*n time tables.
One of the ~roblems is having to rent 85% before you can start
construction. This is something we Find onerous. ~e would like
to go in in the Spring and have it Finished by next winter.
Otherwise you can't make a time table on landscaping.
THE CH~IR~N: T~re are 22 buildings occupied now, and six
are empty.
~. DRISCOLL: I think you will find that there are eight
families that can be accommodated in the new setup.
THeE CHAIi~AN: ~gnat is the rental Figure?
~. LECHTR~CKER: $180 to ~200 a month.
THE CHAIR~tN: t think that, overall, it is very interesting.
I believe it would be highly advisable for Dr. Damianos to have
his engineer meet with I~L~. Terry and PUt together some kind of
program. Items very nebulous as far as we are concerned. We are
willing to adapt to anything.
ME. IECHTRECKER: We would like to start in the Spring or
early Summer.
DR. DAMIANOS: I can go in and see what I can salvage.
THE CHAIR~N: The Village of Greenport would be consulted
on anything that is Finally acted upon.
Southold Town Board of Appeals - 27 - February 1%, 1973
DR. DAI~IIAN0$: I would like to boil it down if you agree
with the concept. Them I would like to sit down with !~. Terry
and to both our m~tual satisfaction work out the mechanics,
and be able to submit to him how we plan to do it stage by stage.
THE CHArlataN: Presumably you are not going to throw anyone
out on the street.
DR. DAI~IANOS: We will take that other corner, Ninth Street.
There is only one tenant there. We will say these are the ones
we are going to move, We will do that first section up front
and move those people as we go back. We will do this in four
steps, all the footings for one section.
(Dr. Damianos and~. Terry discussed the ~drawing of the
~ d'
bu~l ~ngs).
F~. T~RRT: We will notify the Village when we have our next
session.
~q. SAMUEL KATZ, Village Trustee: I am an elected Village
official, a Village Trustee. This is a real improvement and i am
sure I can speak as one membe~ of the Village Board and as a life-
long resident. It is something really worthwhile and I am sure
a.ll the Board will heartily endorse it b. ecause it will do away
w~th what we have known as "Cardboard Cmty~, i wholeheartedly
recommend ~t. I heard about it but did not have a chance to
speak to the other members about it. We had a public hearing on
other matters. Speaking as one member of the Board I certainly
apProve of it wholeheartedly myself and I am very confident the
rest of the Board will approve of it. It is something we want
in the Village and certainly will not object.
MRS, HELEN ~DER: This is such a strategic spot for all of
us. imagine it being beautiful that way~
F~. ~CHTRECEER: I will bring ~
p.¢$u~es of other projects
that we have built and I think you will realize the type of
thing t~t we are involved wm~h.
N~. TERRY: t will see yourengineer on February 22nd.
THE CHAIRF~: We will send the Village officials a notice
before the continuation of this hearing.
On motion by N~. Gillisple, seconded by Mr. Bergen, it was
RESOLVED to recess hearing on Appeal No. 1722, Xenophon
Damianos, until March 8, 1973.
Vote of the Board: Ayes.- Messrs: Gillispie, Bergen, Gr~gon~s,
Hulse.
Southo!d Town Board of Appeals
- 28 - February' I5, 1973
&t a public hearing held January 25, 1973, 8:20 P.M.,
the Board postponed decision on Appeal No. 1712, Joseph
Frohnhoefer, Main Road, Southold, New York. ~Lv. Frohnhoefer
requested a variance in accordance wi~h the Zoning Ordinance,
Article VII, Section 701 and Bulk Schedule for permission to
build addition to store with insufficient setback and side
yard. Location of property: south side of Main Road, Southold,
New York, bounded and described as follows: north by Main Road;
east by Southold 0il Co. and others; south by C. Turner; west by
D. Rothman. Decision was postponed to allow applicant to bring
in to the Board a new sketch showing parking and sideyards.
The Chairman read the minutes of January ~, 1973.
Mr. Frohnhoefer presented a new sketch to the Board.
~. ~OF~O~ER: (referring to sketch) The rough estimate
was estimated from total measurements, not taking into considera-
tion the thickness of walls. Everything from the bathroom back
would be eliminated. This would be shop and office. This would
be the main showroom. The upsta~Ps will be eliminated ~n a year
or two. The room to the east of the office will be out, the card-
room.
The existing area of the old building is 28 x lC. The front
section of the old building is 23 x 15. I took sections A, B & C
and broke it up to 16 x lC, 53 x 46, 34 x 32, a total of 3,686 sq. ft.
Iu combination with the old building it comes to 4,311 sq. ft.
Deducting the stairway - 70 sq. ft., and the entranceway 125 sq. ft.,
a total of 196 sq. ft., you come up w~th 4,115 sq. ft. i figured
the inside measurements. 14,350 sq. ft. of parking space is
required. It brings me just a little bit short of what I need.
I could also deduct the square footage for the stairway.
This is Youngs Avenue ~nd this is our driveway to the Main
Road. The driveway comes down around the garage and out here.
We can park four or five cars diagonally along here. Just four
cars there, alone, would PUt me into this figure. I have an exit
and an entrance. The little white house we use for storage may
come down. There is also a little garage which we will take down.
It will be one of the largest parking lots in TOWn, bigger than
the TOWn parking lot.
After investigation and inspection the Board Finds that
applicant requests permission to build addition to store with
insufficient setback and sideyard on property located on the
south side of Main Road, Southold, New York. The Board finds
$outhold Towu Board of Appeals
- 29 - February 1%, 1973
that the sales area will be 4,100 sq. ft. or less; that the
required parking area will be 1~,3%0 sq. ft. or more; the building,
itself, will have 5,753 sq. ft. maximum dimensions. The Board
has determined that the to~al square footage of the old building
and the new building, combined, w~ll be %,~53 square feet. The
required paved parking area is basedon a for~la of 41 x 3%0.
The Board finds t~at the adjoining buildings to t~ west owned
by Rothman Electrzc Co. are one (1) foot off the line, and the
buildings across Youngs Avenue- Bohack, TV and gas station- are
one (1) foot off the llne.
The Board also finds that applicant owns contig~ous parking
which is in Business zone and which could be used if necessary.
However, it is not a requirement of this action tD~t this parking
be combined with applicant's lot. The contiguous property' is
used partially for residential purposes and partially as a traffic
exit on to Youngs Avenue.
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 spir~b of
the Ordinance.
O~nYmO~ by M~. Gillispie, seconded by Mr. Grigonis, it was
R~SOLVED Joseph Frohnhoefer, Main Road, Southold, New Tork,
be GP~NTED permiss~on to build addition to store with insufficient
setback and sideyard on premises located on the south side of
Main Road, Southold, New York, as applied for, subject to the
following condition:
That applicant shall furnish an exit over his contiguous
property to Toungs Avenue. Entrance shall be from Main Road.
Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonis,
Hulse.
On ~motion by i~k~. Gillispfe, seconded by ~i~. Hulse, it was
RESOLVED that the minutes of the Southold Town Board of Appeals
dated January 23, 1973, be approved as submitted s~bJect to minor
correct ion.
Vote o~ the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
Southotd TOWn Board of Appeals
- 30 - February 15, 1973
On motion by ~. Gillispie, seconded by Mr. Grigonis, it was
RESOLVEO that the minutes o£ the Southotd Town Board of Appeals
dated January 25, 1973, be approved as submitted subject to minor
correctiOn.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
For the record: Seven (7) Sign Renewals were signed and
approved as submitted.
On motion by Mr. Bergen, seconded by P~. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set 7:45
P.M. (E.S.T.), Thursday, March 8, 1973, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application ofMattituck Inle~ ~arina & Shipyard, Mill Road,
Mattituck, New York, for a special exception in accordance with
the Zoning Ordinance, ~ticle III, Section 300, E~bsection C-6(f),
for permission to put off premises directional sign on property of
Frank Born, Laurel, New York. Location of property: northeast
corner of Route 2~ and &ldrich Lane, Laurel, N. Y.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
On motion by ~Lr. Gillispie, seconded by i~Lv. Hulse, it was
RESOLV~D that the Southold Town Board of Appeals set 7:5%
P.M. (~.S.T.), Thursday', March 8, 1973, at the TOWn Office,
Main Road, Southold, New York, as the time and place c~ hearing
upon application of Mattituck Inlet Marina and Shipyard, Mill
Road, Mattituck, N. T. for a special exception iu accordance with
the Zoning Ordinance, Article Iii, Section 300, Subsection C-6(f)
for permission to put off premises directional sign ou property
of Roy Reeve, Mattituck, New Yorkj Location of property: southeast
corner of Aldrich Lane and Sound Avenue, Mattituck, New York.
Vote of the Board:
Hulse.
&yes:- Messrs: Gillispie, Bergen, Grigonis,
Southold TOWn Board of &ppeals
- 31 - February 1~, 1973
On motion by I~. tiulse, seconded by Mr. Grigonis, it was
RESOLV~D that the Seuthold Town Board of Appeals set 8.0D
P.M. (~.S.T.), Thursday, March 8, 1973, at the Town Office, Main
Road, 8outhold, New York, as the time and place of hearing upon
application of ~attituck Inlet Marlua & Shipyard, Mill Road,
F~ttitmck, New York, for a special exception in accordance with
the Zoning 0rdinauce, Article VI, Section 600, Subsection C and
Article VIII, Section 800, Subsection B, for permission to
erect identification sign on sidewall of building. Location of
property: sOUth side Mill Road, Mattituck, New Tork, bounded north
by Mill Road; east by Mattltuck Creek; south by' Shore Acres Sub-
division; west by J. Leo Grande, M. Chudiak and M. Galburt.
S~
Vote of the Board: Aye .- Messrs: Gillispie, Bergen, Grigonis
Hulse.
On motion by Mr. Grigouis, seconded by ~Lv. Bergen, it was
R~SOLV]ED that the ~outhold TOWn. Board of Appeals set 8:1~
P.M. (~.S.T.), ThursdAy, March 8, 1973, at the Town Office, ~L~in
Road, Southold, New k~ork, as the time and place of hearing ~pon
application of Dr. Carlos Tejo, Maple Avenue, Mattituck, Sew York,
for a variance in accordance with the Zoning Ordinance, Article III,
Section 303, and Bulk Schedule, for permisslon to erect dwelling
with reduced setback. Location o£ property: south side of Maple
Avenue, Mattituck, New ~ork, bounded north by' ~+~ple Avenue; east
by property now or formerly of Frances M. ~=nite; south by Long
Creek; west by Martin and Paul Surer.
Vote of the Board:
Hulse.
Ay s.- Messrs: Gillispie, Bergen, Grigonis,
On motion by F~. Bergen, seconded by Mr. Hulse, it was
R~SOLVED that the Southold Town Board of Appeals set 8:30
P.M. (E.S.T.), Thursday, March 8, 1973, at the Town Office, Main
ROad, Southold, New Tork, as the time and place of hearing mpon
application of Patrick and MarEaret Walsh, Mill Road, Peconic,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 301, for permission to=divide property with
insufficient area and frontage. Location oz property: Lot #ll,
Map of Bailey' Park and Lot #9, map of Blanche T. Dickinson, Peconic,
New Tork.
Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Grtgonis,
Hulse.
Southold Town Board of Appeals
- 32 - February 15, 1973
On motion by ~Lr. Giltispie, seconded by ~i~. Grigonis, it was
RESOLVED that the Southold TOWn Board of Appeals set 8:40
P.M. (E.S.T.), Thursday', March 8, 1973, at the Town Office, Main
Road, $outhold, New York, as the time and place of hearing upon
application of Herbert E. and Eathleen R. Muncy, 01d Orchard Lane,
East Marion, New York, for a variance in accordance with the Zoning
Ordinance, Bulk Schedule, for permission to build addition and
make alteratzons to ex~sting dwel_~ng with less than required side-
yard. Location ef property: Lots ~6~, 65 and 66, Map of Gardfners
Bay Estates, East Marion, New York.
Vote of the Board: Ayes:- Messrs: Gilltspie, Bergen, Grigonis,
Hulse.
On motion by ~ Grlgonis, seconded by TM
. ~ir. Gillisple, it was
RESOL~D that the $outhold TOWn Board of kppeals set 8:50
P.M. (E.S,T.), Thursday, March 8, 1973, ~t the TOWn .Off~ce, Main
ROad, Southold, ~ew York, as the time and place of hearing upon
aPpllcatiou of JoSeph A. and Helen Rakowski, Westphalia Road,
MattitUck, New York, for a special exception in accordance with
the Zoning 0rdinancs, Article iii, Section 300, Subsection B(1),
for permission to raake two family dwelling out of existing dwelling.
LoCation of property: south side of right of way to Westphalia
Road' Mattituck, bounded north by MattituCk Creek; east by land
of &vzgnon, south by right of way to Westphalia Road; and west by
Fitzpatrick.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
Southold TOWn Board ef Appeals
- 33 - February 15, 1973
On motion of Mr. Hulse, seconded by Mr. Grigonis, it was
RESOLVED that the Southold Town Board of Appeals set 9:05
P.M., (E.S.T.X, Thursday, March 8, 1973, at the Town Office, Main
Road, Southold, New YOrk, as the time and place of hearing upon
application of Frank Vanecek, Narrow River Road, Orient, New York,
for a special exception to amend and modify the action of the
Board of Appeals in case $1424 by adding a gasoline dispensing
pump at a non-commercial marina, in accordance with the Zoning Ordinance.
Location of property: E/S Narrow River Road, Orient~ New york,
bounded north by H. ~emarest & Sons; east by Hallock Bay; south
by Plainland Realty Corp.; west by Narrow River Road.
On motion of Mr. Bergen, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set 9:15
P.M,, (E.S.T.), Thursday, March 8, 1973, at the Town Office, Main
Road, Southold, New York, as the time and place of hearing upon
application of Xenophon Damianos, to amend Board of Appeals
action #1394 and v~riances according to Building Zone Ordinance
Article I, Section 1008, Article XII, Section 1204 and Bulk Schedule.
Location of property: Map of Greenport Homes, Main Road, (RT.25)
or west Front Street and Ninth Street, Greenport, NewYork.
Respectfully submitted,
Marjorie McDermott, Secretary
Southold Town Board of Appeals