HomeMy WebLinkAboutZBA-11/01/1973 APPEAL BOARD
MEMBER
Robert W. Gillispi¢, Jr., Chairman
Robert Ber~Jen
Charles Grisonis, Jr.
SerB¢ Doyen~ Jr.
Fred Huls¢, Jr.
Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y. 119~71
Telephone 765-2660
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
November i, 1973
A regular meeting of the Southold Town Board of Appeals
was held at 7:30 P.M., Thursday, November l, 1973, at the
To3~n 0ffice, Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr.,
Chairman; Robert Bergen; Charles Grigonis, Jr,; Fred Hulse,
Jr.; Serge Doyen, Jr.
PUBLIC HEARING: Appeal No. 1837 - 7:30 P.M. (E.S.T.),
upon application of Marion McCall, West Cove Road, Cutchogue,
for a variance in accordance with the Zoning Ordinance,
Article IIi, Section 301 and Bulk Schedule for permission to
divide and set off lot with existing building. Location of
property: Lots # 3,4,5, Alonzo Jersey, West Cove Road,
Nassau Point, Cutchogue, New York. Fee paid $15.00.
The Chairman opened the hearing by reading the applica-
tion for a variance, legal notice of hearing, affidavits
attesting to its publication in the official newspapers,
and notice to the applicant.
THE CHAIRMAN: The application is accompanied by a
survey which shows the existing Lot # 3, and Lots # 4 and
5. The proposal is to add westerly sections of Lets # 4 and
5 to Lot # 3. In other words, the applicant is cutting
d~wn from three lots to two lots. The present driveway
wanders over the end of Lots # 4 and 5.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
$outhold Town Board of Appeals -2- November 1, 1973
M~. McCALL: Mrs. McCall has pointed out to me that
on Vanston Road there is 172 feet which we consider the
frontage.
THE CHAIRMAN: These Nassau Point lots are part of the
Ordinance, and these particular lots are decreed that way in
the Ordinance. You are enlarging less than normal sized lots.
MR. ROBERT BERGEN: You have three lots and propose te
make them into two lets, so you are upgrading.
MR. McCALL: I believe it's an advantage to the Town.
THE CHAIRMAN: What is the formal name of this map?
MR. McCALL: Nassau Point Property Owners Association.
This Alonzo Jersey was a very large piece and it %~$ not
registered that way so Lots # 3, 4 and 5 do not come into it.
They are not on the original map. It would hurt us if we
tried to sell Lets # 4 and 5. We would lose our driveway,
and it is landscaped.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
There w~s no zesponse. )
After investigation and inspection the Board finds that
applicant requests permission to divide and set off lot with
existing building. The findings of the Board are that applicant
proposes to make an entirely suitable arrangement of two lots
out of three lots and that the two lots that are so subdivided
will be larger in size than any of the components. 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 property
and in the same use district; and the variance will not change
the character of the neighborhood, and will observe the spirit
of the Ordinance.
On motion by Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED, Marion McCall, West Cove Road, Cutchogue, be
GRANTED permission to divide and set off lot with existing
building as applied for (Alonzo Jersey, West Cove Road,
Nassau Point), subject to the following condition:
That the easterly portion of the property so divided may
be used solely for single residential purposes.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen~
Southold Town Board of Appeals -3- November 1, 1973
PUblIC HEARING: Appeal No. 1848 - 7:45 P.M. (E.S.T.),
upon application of Samuel Manarel, Harbor Lane, Cutchegue,
for a variance in accordance with the Zoning Ordinance,
Article III, Section 302 for permission to erect accessory
building with reduced setbacks. Location ef property:
Harbor Lane, Cutchegue, bounded north by D. Hommel; east
by Harbor Lane; south by J. L. Lyons; west by 'Dalchet Corp.
Fee paid $15.O0.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIRMAN: The application is not notarized.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application.
There was no response.)
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the hearing on Application No. 1848,
Samuel Manmarel, Harbor Lane, Cutchogue, New York, be postponed
until 7:30 P.M., November 29, 1973, subject to applicant
having the application notarized.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
PUBLIC HEARING: Appeal No. 1849 - 8:00 P.M., (E.S.T.),
upon application of Pirate's Cove Marine, Inc., Peninsula
Road, Fishers Island, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 301 and
Bulk Schedule and Article 1204a for permission to erect a new
store building with less than required rear yard. Location
of property: west side of Peninsula Road, Fishers Island,
bounded north by Private Road; east by Pirate's Cove Marine,
Inc.; south by West Harbor; west by W. Maynard. Fee paid
$15.oo.
The Chairman opened the hearing by reading the application
for a variance, legal notices of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
Southot~ Town Board of Appeals -4-
November 1, 1973
THE CHAIRMA~N: Is there anyone present who wishes to speak
for this application?
MR. SERGE DOYEN, JR.: Technically, it's a remodeled building.
The Chairman read copy of letter dated October 4, 1973
addressed to Pirates Cove Marine, Inc., written by Mr. Howard
Terry, BUilding Inspector, as follows:
"I have looked over the Plot Plan sketch received today.
Apparently all you will need on the existing main building
is a permit for addition and alteration- forms enclosed.
The proposed store near the dock will require a rear yard
setback variance, Article III, Section 301 and Bulk Schedule of
Zoning Ordinance, and a Building Permit. Both forms enclosed.
This project is within the 300 foot area of the High ~¢ater
line and affected by the New York State Conservation Law
effective September l, 1973. However, I have talked with the
County Planning Commission informally about this and they feel
your request is reasonable and would not be held up by the
new law.
As soon as we get your applications, we will start processing
them."
MR. DOYEN: It's a reinstatement of a non-conforming use.
I presume it would be the same Floor area with the same limitations.
Originally, it was limited to marine supplies and hardware. It
was a reinstatement of non-conforming use that the prior owner had.
THE CHAIRMAN: What is he selling now that he did not sell
before?
MR. DOYEN: It is limited to marine hardware, anything that
you would find on a boat. Why he wants to do this is that he
is altering the structure and it doesn't Fit with the use he is
going to make of the altered structure, and it would be facing
the water.
THE CHAIRMAN: It was on the east end, and now he wants to
move it to the west end.
MR. DOYEN: Technically, it is an alteration of the old
structure. It is going to be quite an asset to the neighborhood.
Southold To~n Board of Appeals -5-
November 1, 1973
It will be much more appealing, a modern structure. The
building is not supposed to be any larger. The present
dimensions will exist as they are now. It's just an
alteration of the present structure. As long as the
limitations are continued, I don't think it will make any
difference. He will be changing it from one end of the
structure to the other. You have a structure that is to be
altered and the store area is to be transferred from the
road area to the w~ter side cf the same structure. It's
still within the same general dimensions but he's altering
it to use it more economically. There are apartments
upstairs; some are two story and some are one story. Above
the store was an apartment that they eliminated when they
put in the stere area.
THE CHAIRMAN: We can act on it under the condition
that it's not going to be enlarged.
MR. DOYEN: To the best of my knowledge it is not going
to~obe.
THE CHAIRMAN: We enlarged the parking lot and got one
more car in there. Does he own the adjacent part?
MR. DOYEN: Yes. The parking area is very limited. The
store area is very small so I think you could put the same
limitations on that were there before.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response,)
After investigation and inspection the Board finds that
applicant requests permission to erect a new store building
with less than required rear yard, located on the west side
of Peninsula Road, Fishers Island. The Board finds that the
present store is an addition but located on the street side
of the lot. The applicant feels that the store would be
ideally suited to a position near and overlooking the water.
The applicant also intends to remodel a portion of the existing
structure as corporate offices. There is already a store on
the property. The new structure would be repositioned, and
the present dimensions will exist as they are now. 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 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 -6-
November 1, 1973
On motion by Mr. Hulse, seconded by Mr. Doyen, it ~$
RESOLVED, Pirate's Cove Marine, Inc., Peninsula Road,
Fishers Island, New York, be GRANTED permission to erect a
new stere building with less than required rear yard, as
applied for, subject to the following conditions:
That there shall be no change in the uses permitted
in the building.
The remodeled building shall observe the same yard
restrictions as the old building.
3. That the conditions applying to the previous Action,
Appeal No. 1346, dated May 26, 1970, shall apply to this
application.
Vote of the Board:
Hulse, Grigonis, Doyen.
Ayes:- Messrs: Gillispie, Bergen,
PD~LiC HEARING: Appeal No. 1850 - 8:15 P.M. (E.S.T.),
upon application ef ~illiam Grefe, New Suffolk Avenue, New
Suffolk, for a variance in accerdm~ace with the Zoning
Ordinance, Article IX, Section 900 and Bulk Schedule for
permission to use lot of less than required area for industrial
purposes (Contractor's yard), Location of property: west side
Cox Lane, Outchogue, bounded north by D. B. Glover, Jr.; east
by Cox Dane; south by B. Harris; west by D. Glover, Jr. Fee
paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIRMAN: The application is accompanied by a sketch
indicating that the property has approximately 195 feet on
Cox Lane, with approximately the same width on the westerly
end, and is approximately 225 feet in depth.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
GARY OLSEN, ESQ.: I think the Board is fairly familiar
with this matter since we appeared for a Special Exception on
October ll, 1973. I think that granting the variance would
upgrade the area. The Board recommended that we take this
step.
Southold Town Board of Appeals -7- November 1, 1973
THE CHAIRMAN: You are proposing a use which is permitted
in "C" zone. 0ur Town Attorney advised that we go through
the motions of having a variance ~earing because the site
requirement is 200,000 sq. ft. in a "C-l" zone.
MR. WILLIAM GREFE: For the operation we have right
now, it's more than enough area.
THE CHAIRMAN: It seems to be a good location for your
use. I explained to Mr. 01sen that yeu will have to be back
50 feet from the highway.
5~. GREFE: That will be no problem.
THE CPL&IRMAN: You would be limited ua~der special use
to 25% of the area to store manufactured preducts.
~. 0LSEN: That would be for the manufacturing aspect
of what he wants to do.
THE CHAIRMAN: The idea is not to cover the whole place
x~th manufactured products.
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to use lot of less than required
area for industrial purposes (Contractor's yard) on the west
side of Cox Lane, Cutchogue, New York. The findings of the
Board are that applicant is proposing a use which is permitted
in the "C" zone, a lighter use zone than "C-l" Industrial
Heavy Zone, and requires a variance because of the site plan
minimum of 200,000 sq. ft.
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.
Southold Town Board of Appeals -8- November 1, 1973
On motion by ~. Grigonis, seconded by Mr. Hulse, it ~$
RESOLVED, William Grefe, New Suffolk Avenue, New Suffolk,
be GRANTED permission to use lot of less than required area
for industrial purposes (Contractor's yard), located on the
west side of Cox Lane, Cutchogue, New York~ as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Hulse, Grigonis, Doyen.
PUBLIC HEARING: Appeal No. 1851 - 8:30 P.M. (E.S.T.),
upon application of David De Friest, Main Road, Southold,
for a variance in accordance with the Zoning Ordinance,
Article III, Section 301 and Bulk Schedule for permission to
set off lot with less than required width with existing dwelling.
Location of property: west side Horton's Lane, Southold, bounded
north by other land of applicant; east by Horton's Lane; south
by C. W. Booth; west by Jern~ings and others. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIRMAN: The application is accompanied by a survey
showing that the applicant is the owner of an irregularly
shaped parcel consisting of between 2½ and 3 acres. The two
houses on Horton's Lane are owned by David De Friest.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
There ~2s no response.)
THE CHAIRMAN: i don't know what the environmental con-
siderations are. He is conveying his own pond. According to
Mr. Terry, the Building Inspector, this is not involved with
State Environmental Control. (The Chairman read the definition
of wetlands with respect to salt meadow grass and/or cord grass.)
MR. ROBERT BERGEN: All he is g~ing to do is convey it
to someone else. He is not building on it. Someone else will
own half cf it.
Mrs. Lorraine Terry commented on four days of hearings
held in Hauppage on rules and regulations covering wetlands.
There was also a discussion of Home Rule and the A~ndros Patent.
THE CHAIR~: Is there anyone present who wishes to speak
against this application?
(There was nc responses)
Southold Town Board of Appeals -9- November 1, 1973
After investigation and inspection the Board finds that
applicant requests permission to set off lot with less than
required width with existing dwellings .the property is
located on the west side of Horton's Lane, Southold. The
findings of the Board are that this is a reasonable request.
The applicant proposes to divide his property approximately
in half with existing residences on each of the two h~lves~
A large part of the property is under water; the fresh water
pond will not be disturbed. The Board agrees with the
reasoning of the applicant.
The Beard 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 the immediate vicinity of this property
and in the same use districts and the variance will not change
the character of the neighborhood, and will observe the spirit
ef the Ordinance.
On motion by Mr. Gillispie, seconded by ~. Bergen, it was
RESOLVED, D~vid DeFriest, Main Road, Southold, be GRANTED
permission to set off lot with less than required width with
existing dwelling on the west side of Horton's Lane, Southold,
as applied for, subject to the following condition:
That the two residential properties resulting from
this property division shall remain in single family
residential use.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
Mr. Joseph Sullivan appeared before the Board for an
informal discussion with respect to a Radio Sta~$~?~n the
North Fork. He said that he had called Mr. Heward Terry
last week and he invited me down. Mr. Gillispie asked who
he is representing. Mr. Sullivan replied "Myself - Peconic
Bay Broadcasting". Mr. Gillispie said that sometimes people
ask for these things and then peddle it to someone else.
Are you the principal? Mr. Sullivan said "¥es"~
MR. SULLIVAN: I would like to thank you for giving me
the time to talk to you. I have been coming out to Southold
since 1938-39. I~ used to come out fishing ~th my father.
My wife and I built a house at Terry Waters, an all year
round house. We spend about six months of the year here and
six months in the city. We live in Bronxville. We have
fallen in love with the area.
Seutheld Town Board of Appeals -10- November 1, 1973
My profession is broadcasting. I have been in the
broadcasting business for 11 years, 9 years of which was
station work. I have been director of sales for Corinthian;
Dunn & Bradstreet, who own five television stations around
the country. I have been General Sales Manager for WCBS in
New York. I graduated from Fordham and worked on an
educational station at the school on the air and in adminis-
trative capacities.
I have been thinking about having a radio station out
here since I drove a Dugs~'s truck out here in the summer.
Last summer I said "I am 36 years old and I had better do
something new". I met with a lawyer and asked him how
you would go about putting a radio station here. He said
to get an engineer in Washington and have him check frequencies.
There is a frequency for Class M, FM station. The first thing
I did was to do a market study to see if I could bring in
enough income that would fit my family needs. I was satisfied
that I could make a contribution to the community as well as
support my family. I raised some money during the winter.
In April we incorporated in New York State. I made an applica-
tion to FCC to have a£requency assigned to the Town of Southold.
In June and July we received oppositions from five radio stations
in surrounding communities. ~LIV said that there is no need
to put a radio station in Southold because we are a community
station. We pointed out that the WRIV signal does not cover
the whole North Fork and it goes en at sunrise and off at sunset.
FM would be for 24 hours,
We were also told that there is no place on the North Fork
to put an antenna. It has to be 39.5 miles from a station in
Connecticut. They are close on the dial. It cuts everything
on the North Fork out except the tip of Nassau Point, Cedar
Beach Point and two-thirds of Shelter Island. An antenna
could go up. We pointed that out in cur application, that
this can be overcome.
Sag Harbor and East Hampton have both AM & FY, a common
owner. They said you can make better, more efficient use of
frequency by assigning it to the Town of Center Moriches .with
a population of 250,000 as against 20,0OO for the Town of
Southold. We said that's true but Babylon has four radio
stations already. They also have a television station which
was supposed to go on the air last October, and those five
broadcasting facilities provide city grade service for
Brookhaven. "City grade" is a definition which FCC has. It's
a particular level that engineers say a radio station must
provide in a particular area. In fact, our signal might ge
15 miles. FCC looks at it for the first 15 miles. Another
factor is how many people in the coverage area? Coverage would
be 50,000. We would hit Sag Harbor~ Southampton, and Riverhead
to Orient Point. On a numbers basis we have a problem:
150,000 Center Moriches - 50,000 here° There are people in the
Town of Southold who can not get PM service at all and anyone
in Center Moriches gets two signals. ~ith us adding one, it
Southold Town Board of Appeals -11- November 1, 1973
would provide first service for some people and second service'
for others. Another argument of ~LNG was that if their antenna
was taller (it's about 123 feet) they would cover Southold
better. We don't think they would be more community minded for
Southold. I have talked to many of the businessmen and churchmen
in the community. The Reverand of the Presbyterian Church says
they have been trying to get ~NG to cover youth activities a~ud
WLNG never paid any attention to him until, all of a sudden,
this past summer they called him up and asked what he wanted
put on the air. ~hile they would provide a greater signal
coverage, I don't think it would make any difference. Their
prime responsibility is Sag Harbor and Amagansett.
WLNG, AM & PM, is saying to FCC that there is no way the
people who govern Southold will allow a 300 foot antenna in
any other place but an industrial area so you might as well
not bother to assign a frequency. They have a letter from
Mr. Howard Terry written on Town of Southold stationery. I
don't understand the letter. He indicated that he doubted
that any variance would be granted. (Mr. Sullivan read the
letter to the Board). In our petition we put down our first
site area - the Cedar Beach area. Mr. Terry'$ letter raises
a serious question as to whether the site of Cedar Beach is
feasible. The FCC doesn't even consider ~he whole area of
zoning. They accept a zoning variance unless you are on a
mountain top. The only reason I have a problem is that this
letter was written. Zoning doesn't come up until frequency
is already assigned to an area. At that point FCC asks where
you are going to put your studio and antenna.
THE CHAIRMAN: Cedar Beach Point is owned by the County.
There are 40 or 50 acres and it's very low.
(Mr. Sullivan indicated on a map of the area where the
antenna would be placed.)
I mentioned before that I am qualified to operate a radio
station. When the government gives you a license you are
making a major moral committment to that community for which
you are licensed to serve. There are people in the broadcasting
business who are only interested in the dollar. Others are
doing a magnificent job in radio~and television. We would
have a basic sound, a soft sound unlike some stations that
are all noise, all rock and roll. Television stations are
mass media, they have to appeal to everyone. When you are
in a community like Southold you can not be an all news station
or all rock and roll. WLNG does serve the community,mostly with news
Southold Town Board of Appeals -12- November 1, 1973
of East Hampton and Amagansett. ~e would cover over and above
the basic music: Southold High School basketball games$ Greenport
High School football games, Church and Synagogue fund raising,
Eastern Long Island Hospital, the Aquaseum, fishing reports,
farming reports, yachting news. It seems to me that a radio
station could turn over a half hour a day, six days a week,
to the kids in Southold High, Greenport High and ¥~ttituck
High. They could program-perform-do engineering functions
under the guidance of a professional. They could go to
Syracuse University and they would have a background in basic
broadcasting. It's a function we could provide for high
school students in this community. In addition to that, we
would be the center for bringing the Town together not only in
times of crisis like hurricanes and snowstorms, but we could
name a senior-citizen of the month, a young person of the
month. It would give a community identity and would provide
a forum on important issues. You would get community news
as it happens. ~ have spoken to the Board of Directors of the
Lions Club.
I am here tonight, a year too soon, because of Mr. Terry's
letter, and that's why I contacted him. The lawyers have told
me that I have to get some sort of retraction. Someone has to
say that what he said is net so.
Mr. Gillispie read from Mr. Terry's letter: "In reply to
your inquiry, please be advised that Cedar Beach Point and
immediately adjacent wetlands is owned by Suffolk County."
Also: "No radio or television mast may be 20 feet above the
roof".
THE CHAIRMAN: What Mr. Terry is saying is essentially
correct. WRy were they asking him about this particular area~
5~. SULLIVAN: Because that's where we put our particular
site.
THE CHAIRMAN: They wanted to find out if a radio tower
could be put up there. I think Mr. Terry answered correctly.
MR. SULLIVAN: My only concern is that it was said that
it's a residential area and you would have to get permission
to put an antenna there. Otherwise, the FCC would not have
looked at it. Now it's opened up an argument that the radio
station could not be put in the Cedar Beach Point area. The
only thing there would be the antenna. It would be somewhere
between 300 and 325 feet, 300 feet above sea level.
~. HULSE: You said that WLNG was operating with
120' antenna.
Southold Town Board of Appeals -13- November 1, 1973
MR. SULLIVAN: They are higher up. They are right in
the middle of Sag Harbor. They have been asking to have a
300 foot antenna. If I could put it here in this building
maybe 125 feet to 150 feet would be alright but we would
have to be 39.5 miles distant. We can't go to Orient because
there is a station in Providence. We are talking in terms
of an antenna and a small building at the base.
There are two ways an antenna can be put up. If it's
put up with guide wires you would need two lots. If it's
put up without guide wires you would need one lot. We need
50' x 60' for a self-supporting tower. With guide wires
we would require 340' x 390'. Another point I w~nt to make
~is that the studio would be in town or wherever it could be
put. Out where the antenna is there would be no water use.
We would not need a well or septic tank. It would not affect
ecology. You can not hide a 300' antenna but the stick is so
small that from 200' away you can't make it out at night except
for the light on top. We would put up trees or hedges at the
base. I could make a mini-garden. I am pleading a case. I
believe so strongly in this and I really and truly believe a
radio station would be good for the Town of Seuthold. Is
there a possibility that a compromise could be worked out?
Could some sort of solution be arrived at?
THE CHAIRM~N: The way our Ordinance is written, if it
doesn't say you ca___~n do it~ you can't do it. Ours is an
exclusive Ordinance. That's the zoning aspect of it. If
it is not permitted anywhere, it would be permitted in the
Hea~y Industrial area by variance. Of course there would be
a lot of public hearings. Is the Cedar Beach Point area the
only place you could locate the tower?
~. SULLIVAN: It could be put at the tip of Nassau Point.
THE CHAIRMAN: The To.~n Board would have to change the
zone to approve tb~s for residential area.
MR. HIIL~E: The only thing they would assign to you is
FY. Is there a possibility of AM in the future? WLNG has
both° They were not an FM station at first.
MR. SD~LIVAN: They have AM & FM (AM from sunrise to
sunset and FM continues on, it might be 18 hours). WRIV has
the same thing
THE CHAIRMAN: What's the investment in something like this?
MR. SULLIVAN: FCC requires starter costs plus one year
operating expenses. In a situation like this if you have
$80,000 to $100,00 it's sufficient . From my own particular
analysis I would not de it unless I had double that amount.
THE CHAIRMAN: What is the cost of the antenna itself?
MR. SULLIVAN: One with guidelines would run us $8,000 and
Southold Town Board of Appeals -14- November 1, 1973
one without guidelines would be about $24,000.
There was a discussion on towers falling down due to
storms. In some areas enough land is required so that if
a tow~fell it would not go beyond it's boundaries. The
chances are very remote that a tower would ever fall to it's
full height. Mr. Sullivan said that he thought the Town must
have some sort of engineering check to approve plans. It
has to be properly designed.
THE CHAIRYL~N: I think we have explained the zoning
position, i would think that the proper solution would be to
pursue this with Supervisor ~rtocchia. It is entirely
possible the Town Board will agree with you. I am sure they
will let you present this at a Town Board meeting.
MR. SULLIVAN: Everything has gone to the FCC now and
they could ms~e a decision any time. It is possible it might
not happen until December or January. There is a residential
wetlands law that was adopted on September 1st, that if the
property is within 300 feet of wetlands it has te get the
approval of the Department of Environmental Control. The
thought I had was that some of these lots along the creek
would not be so desirable for building homes.
T~ CHAIRMAN: The Suffolk County Planning Commission,
of which I am a member, meets next Wednesday. I will bring
it up.
MR. SULLIVAN: I do a lot of sailing at the Southold Yacht
Club. There are two houses put up there. These to me are wetlands.
THE CHAIRMAN: I don't think it's an objective of the State
to prohibit building on the waterfront. The Town has to amend
the Zoning Ordinance every so often. It's possible the Town
could include something in the way of permitting this use by
a special exception. I will see what I can find out at the
Planning Commission but I think you should pursue it with
Supervisor Martocchia. The Town Board would have to change
the Ordinance so we could permit it.
MR. SULLIVAN: Is it unrealistic to think that the Appeals
Board could give me an idea that it's possible.
THE CHAIRF~N: I think that before we could do that we
would have to do just what you are going to dc; consult with
the Town Board. I would not want to write a letter before
consulting with the Plar~ning Board, the To%~ Board, and the
Planning Commission.
MR. SULLIVAN: i have about ten letters from businessmenl
approving the idea. ~
Southold Town Board of Appeals -15- November 1, 1973
THE CHAIR~&N: The Town Board considers toE-wide matters.
I think you should go to SupervisorM artocchia. The Town Board
is the legislative authority of the Town.
MR. SERGE DOWN: It seems to me that if you need a letter
of possibility, Mr. ~rtocchia would be on firm ground if he
obtained the backing of the Board.
THE CHAIRMAN: Mr. Terry enforces State as well as local
Ordinances. His decisions are appealable to us. ],~e come into
effect if something has been denied or in the case of special
exceptions that are written into the Ordinance. Take this
up with the Town Board first.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the minutes of the Southold Town Board of
Appeals dated October ll, 1973, be approved as submitted,
subject to minor correction.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,~
Grigonis, Doyen.
Five (5) Sign Renewals were approved as submitted:
Cutchogue Post Office, George Ahlers, North Fork Lions (2),
Townsend Ma~or Inn.
On motion by Mr. Grigonis, seconded by b~. Doyen, it was
RESOLVED that the next meeting of the~ Southold Town Board
of Appeals will be held at 7:30 P.M., November 29, 1973, at the
Town Office, Main Road, Southold, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
Southold Town Board of Appeals -16-
November 1, 1973
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set 8:00
P-M. (E.S.T.), Thursday, November 29, 1973, at the Town Office,
Main Road, Southotd, New York, as the time and place of hearing
upon application of William Bourguignon, 500 North Drive,
Mattituck, for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-31 and Bulk Schedule for permission
to divide property into two lots. Location of property:
Lot ~ L, Shore Acres, North Drive, Mattituck, New York.
Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Hule,
Grigonis, Doyen.
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals set 8:15
P.M. (E.S.T.), Thursday, November 29, 1973, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Laury Ford, 243 West End Avenue, New York,
for a variance in accordance with the Zoning Ordinance, Article
III, Section 100-31 and Bulk Schedule for permission to divide
lot with less than required width and area. Location of
property: Private Road off east side of Westphalia Road,
Mattituck, bounded north by Mattituck Creek; east by J. Rakowski;
south by Private Road; west by Robert J. Munch.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
On motion by Mr. Grigonls, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set 8:30
P.M. (E.S.T.), Thursday, November 29, 1973, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Louis Getoff, Waterview Drive, Southold for
a variance in accordance with the Zoning Ordinance, Article III,
Section 100-32 for permission to erect a bus shelter in front
yard area. Location of property: north east side of Waterview
Drive, Southold bounded north by Goose Creek; east by Harrontine
& others; south by Cedar Avenue & others; west by Waterview
Drive, Wilkinson & others.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
Southold Town Board of Appeals -17- November 1, 1973
On motion by Mr. Hulse, seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals set 8:45
P.M. (E.S.T.), Thursday, November 29, 1973, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Stanley Garren, Nakomis Road, Southold for
a variance in accordance with the Zoning Ordinance, Article III,
Section 100-31 and Nulk and P-rking Schedule for permission to
divide lot with less than required area. Location of property:
Nakomis Road, Southold, bounded north by Nakomis Road; east by
L.W.O. Property Assn.; south by E. M. Pearson; west by A. H
Van Denheugal. '
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
On motion by Mr. Doyen, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set 9:00
P.M. (E.S.T.), Thursday, November 29, 1973, .at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Thomas Muncy, Nassau Point, Cutchoque for
a variance in accordance with~t~'e Zoning Ordinance,. Article III,
Section 100-35 for permission to erect a fence which will exceed
permitted height. Location of property: Lot part of ~119 and
part of ~120, Nassau Point Club Prop., Inc., Re-Subdivided "B",
Bayberry Road, Nassau Point, Cutchogue.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
On motion by Mr. Bergen, seconded by Mr. Gri~onis, it was
RESOLVED that the Southold Town Board of Appeals set 9:15
P~M. (E.S.T.), Thursday, November 29, 1973, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Samuel & Kathryn Yasso, 91 Sheridan Avenue,
Williston Park, New York for a variance in accordance with the
Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule
for permission to erect an addition with reduced side yard.
Location of property: Main Road (Rt.25) Ma~tituck bounded north
by H. Ka~nder; east by L. Lindsay and L. Alger; south by L. Lindsay;
west by Main Road.
Vote of the Board: Ayes:- Messrs: Gi!!ispie, Bergen, Hulse,
Grigonis, Doyen.
Southold Town Board of Appeals
-18-
NoVember 1, 1973
On motion by Mr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals set '9:30
P.M. (E.S.T.), Thursday, November 29, 1973, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Charles & Margaret Christensen, Pine Neck
Road, Southold for a variance in accordance with' the Zoning
Ordinance, Article III, Section 100-31 and Bulk Schedule for
permission to divide property. Location of property: south
side of Pine Neck Road, Southold bounded north by Pine Neck
Road; east by W, Cain & others; south by Custer Avenue & Acker;
west by E. Mailler & W. Deroski.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
The m~eting was adjourned at 10:45 P.M.
Respectfully~ submitted,
Mar]orle ~C" '" - Dermott, Secretary
Robert W. Gillispie, Jr., Chairman