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HomeMy WebLinkAboutZBA-08/30/1973$outhold Town of Appeals SOUTHOLD, L. I,, N. Y, 11971 Telephone 765-~6'60 APPEAL BOARD MEMBER Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Griflonis, Jr. Ser!]e Doyer~, Jr. Fred Hulse, Jr. NINUTES Southold Town Board of Appeals At~ust 30, 1973 A regular meeting of the Southold Town Bo~rd of Appeals · 0 Thursday, August 30, 1973, at the was held at 7.3 P.~%, Tow~ Office ~ Nain Road, Southold, New York. There were present~ ~essrs. Robert W. Gillispie, Jr., Chairman~ Robert Bergen~ Charles Grigonis, Jr.! Fred Hulse, Jr. Absent~ ~. Serge Doyen, Jr. The Chairman read the Decision of the Board on Appes& No, 1817, George Ahlers, Cutchogue, New York~ for a vari~uce in accordance with the Zoning Ordinance, Article IIi, Section 3Gl and the Bulk Schedule and Section 280A of the Town Law for permission to divide property with insufficient area ~nd frontage and construct two dwellings, and approval of ~ccess. (A Public He~ring was held at 8~45 P.N., August 9th, and decision was postponed until receipt of survey). After investigation and inspection the Board finds that applicant requests permission to divide property with in- sufficient area and frontage and construct two dwellings, ~ud ~pproval of access on property located~ right of way off ~outh side Bayview Road, Southoldo The findings of the Board are that applic~ut possesses ~ area of approximately 73~000 sq,ft. which is buffered by ~u additional area on the east of 6,900 sq.ft~, and on the west by approximately 18,000 sq. ft~ The reasoning of the applicant is that due to the size of the property it would be practical to build more than one house, and that most of the surro~di~ area has half acre or smaller lots~ The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals August 30, 1973 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 ~ll properties alike in the immediate vic~inity of this property and in the same use district~ and the variance will not charge the character of the neighborhood, add will observe the spirit of the Ordinance. On motion by ~ Gillispie~ seconded by N~. Bergen, it was BESOLVED~ George Ahlers~ Cutchogue, New York, be GRANTED pe~mission~ as applied for, to divide property with insufficient area and frontage and construct two dwellings, and approval of access, on property located on right of way off south side Baywiew Road~ Southold~ New York. Vote of the Bos~d~ Ayes~- Nessrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING~ Appeal No. 1823 - 7~45 P.M~ (EoS~T.)~ upon application of N~S.T~ Construction Corp.~ ~eiddle Country Road, ~ttituck~ for a variance in accordance with the Zoning Ordinance, Article II!, Section 303 and 304, for permission te reduce average setback ~n corner lot~ Location ef ~roperty~ Lot ~2~ Saltaire Estates, Mattituck, New York~ Fee p~md The Chairman opened the hearing by reading the application for a variance~ legal notice of hearing, affidavits attestir~ to its publication in the official newspapers~ and notice to the applic~ut~ THE CHAIPJ~N: Is there ~one present who wishes to speak for this application? MR. STEPHEN TSONTAKIS: I am here to spe~k for the applica- tion. THE CHAIPJ~R~ The application has not been signed. Tsontakis signed the application and showed a sketch of the property to the Board). NR. JACK DRISCOLL: I suggest that it is acceptable this way because otherwise you would wind up with a small house that would deteriorate the neighborhood. Southold Town Board of Appe~s a3- August 30, 1973 NE. PAUL KNIGHT: I am the prospective owner of this home. I feel this would afford more privacy with hemes in the particular area. If it was faced the other way it would be crowded against the easterly border. There wO~d be very little privacy. Th~ CHAIRb~N: The Board doesn't have the power to position the house. I think the way you have it is a good choice. THE CHAIR~GN: Is there ~uyone present who wishes to speak against this application? (There was no response.) After investigation and investigation the Board finds that applicant requests oermission to reduce average setback on cozmer lot, Lot #2, S~ltaire Estates. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or ur~uecessary hardship~ the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property ~ud in the same use districts and the variance will not change the character of the neighborhood, amd will observe the spirit of the Ordinance. On motion by 5~, Bergen~ seconded by ~. Hulse, it was RESOLVED~ N.S~T. Construction Corp., F~ttituck, be GRANTED oermission to reduce average setback on corner lot, Lot #2~ ~altaire Estates, as applied for, subject to the following cendition~ That the house shall be located no closer than 50 feet to Somudview Avenue, and no closer th~u 40 feet to Saltaire Way. Vote of the Board~ Ayes~- Nessrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1822 - 7~55 P.M. (E.S.T.), upon application of Kenneth Watson, Midland Place~ East Naricn, New York, for a variance in accordance with the Zoning Ordinmuce, Article III, Section 305 for permission to erect part of 6 foot fence in front yard area (lot has 3 (three) front yards). Location of property: Lot #48, Marion Msm. or, East Earion, New York. Fee paid $15.00. Southold Town Board of Appeals August 304 1973 The Chairman opened the hearing by reading the application for a variance, legal notice ef hearing, affidavits attesting to its publication in the official newspapers~ ~d notice to the applicant. THE CHAI~¢~N~ The sketch of the applicant's plot does indicate that it has three front yards. THE CHAIR~ Is there anyone present who wishes to speak for this application? MRS. NARJORIE WATSON: We want to extend the fence out eight feet to the east and west to allow enough open area around the pool. The pool is 20' x 40'. The reason for the stockade fence is for protection. There are a lot of children in the area ~ud my husband and I both work out of town during the day. We don't thi~ a 4' fence would be adequate. We have one very large willow tree and don't want to use that area. THE CHAIRSL~N~ One cf the purposes of these fences is to protect pets and children. If this were a normal rear yard you would be able to have a 6' fence. 5~. JACK DRISCOLL: Who determines that there are three front yards? THE CHAI~&~ It's s-~rounded by roads on three sides. ~. DRISCOLL: In one case the house was facing the road but the Building Inspector insisted the front yard was facing the creek. So, how do you determine it? THE C~AI~N~ The legal front yard is the distance between the house and the highway, ~. HULSE~ Everyone has road frontage but not everyone has a creek. THE C~&IP~N: is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to erect part of 6 foot fence in front yard area (lot has three fr,nt yards)~ Lot 48, ~arion ~anor, East Marion, New York. The Board agrees with the reasoning of the applicant. $outhold Town Board of Appeals -5- August 30, 1973 The Board finds that strict application of the Ordinance would produce practical difficulties er unnecessaz"y hardship~ the hardship created is ~uique 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. Grigonis, second°ed by Mr, Hulse, it was B~SOLVED, Kenneth Watson, Midland Place, East Marion, New York, be GRANTED permission to erect part of 6 foot fence in front yard area (lot has 3 front yards)~ Lot #48, Narion East 5iarion, New York, subject to the following condition: That the fence shall be no closer than 28 feet to E, Gil!etts Drive, and shall extend not more than 8 feet closer than the present westerly sideline of the house. Vote of the Board~ Ayes~- Messrs: Gillispie, Bergen, Hulse, Grigonis, PUBLIC 5~ARiNG~ Appeal No. 1827 - 8:10 P,N. (E.S.T.)~ upon application of Edward Cielztka, Summit Road~ Southold, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-2 & Section 302 for permission to have swimming pool in side yard. Location of property~ Lots #27 ~nd 28, Bayside Terrace, Southold, New York. Fee paid $15.00, The Chairman opened the hearing by reading the application for a variance~ legsl notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant, Tkq~ CHAIR~ Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIR~N: The application is accompanied by a sketch showing the location of the pool and indicating that the house has an equal distance between Summit Road and the rear yard line. THE CHAI~LN: Is there anyone present who wishes to speak against this application? (There was no responses) Southold Town Board of Appeals -6- August 30, 1973 After investigation and inspection the Board finds that applicant requests permission to have swimming pool in side yard, Lots 27 and 28, Bayside Terrace, Southold. The Board agrees with the reasoning of the applicant° The facts stated by the applicant were essentially correct~ The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardships the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the s~me use district~ Mud the variance will not cha~e the character of the neighborhood, and will observe the spirit of the Ordinance~ Onmot_on~ by Nr. Grigonis, seconded by ?~. Bergen, it was RESOLVED, Edward Cie!atka, Sum~mit Road, Southold, New York, be GR~TED permission to have swimming pool in side yard~ Lots 27 and 28~ Bayside Terrace, Southold, as applied for~ Vote of the Board~ Ayes~- Nessrs: Gi!lispie~ Bergen, Hulse, ~lgon!s~ The hearing scheduled for 8~25 P.N., William Grefe, New Suffolk Avenue, New Suffolk, New York, for permission to operate building contractor yard and to manufacture and store concrete products, was postponed until September 20, 1973, for the reason that the legal notice is incorrect. The Chairman stated that for ~ Grefe's protection ~ud for the protection of the Board it would be readvertlsed. PUBLIC HEARING: Appeal No. 1821 - 8~40 P.E. (E.S.T.)~ upon application of ~hur J. Bujnowski~ 6 Surryhill Place, H~utington~ New York, for a variance in accordance with the Zoning 0rdin~nce~ .Article III, Section 300 C, & Article IX~ SectiOn 900-46, for p?rmlsslon to operate alrfleld ~ud airp!~ne storage In A~ Zone D~strict. LocatiOn of property: S/S Na~n Road, peConic, bO~uded north by Nain Roads east by P. Wenzel; south by Leslie Road~ west by A. Krupski. Fee paid $15.00. The Chairm~. opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, ~nd notice to the applicant. Southold Town Board of Appeals -7- August 30~ 1973 T~ CHAirMAN: It is our Counsel's recommendation that the decision be postponed, There will not be a decision made tonight. (The Chairman read Buiiding Inspector's Order to Remedy Violation, as follows~ "Please take notice there exists a violation of Article iii and Article IX. A Residential area being used as air strip and airplane storage. You are therefore directed and ordered to comply with the law Mud to remedy the conditions abovementioned forthwith in or before the 8th day of August, 1973"). The Order to Remedy Violation is dated July 30, 1973. The application is accompanied by a survey which indicates that this property is approximately 3~021 feet long and approximately 3~260 feet on the westerly side, formerly owned by Edward Charnews, THE CHAIR~N: Is there anyone present who wishes to speak for this application? STANLEY CORWIN, ESQ.: I would like to speak for it. When you started to read the notice I was not able to hear what you said preliminarily, Would you indicate to me what that was all about? THE CHAIR~AN~ The Chairman and so~e members of the Board conferred with Town Counsel prior to making a decision. This afternoon, ~. Tasker and I went over a n~mber of decisions which might have a bearing on this, and we agreed that the Board should not make a decision on this tonight. STANLEY CORWIN, ESQ.: I appear here for the applicant. I want to say preliminarily that 'my connection in this case came after he filed an application for a varianCe~ and the forms that were used were provided by this Board~ and couched in language that applicant had made application with the Building Inspector, and that is not the case. The record will show that this hearing was instigated by an anonymous letter~ So, the Building Inspector issued a Notice of Disapproval, That's one of the reasons we ~e here, O~zr position is that the Building Inspector is completely wrong, The Southold To~ Zoning Ordinance limits minimu~ size of proPerty on which you can do certain things but there is not s~y limit to the maximum, if someone has enough acreage he can do anything that he wants to as long as he is not in violation. He can have his own golf course, which is chiefly country club use, but it is another type of zone or special exception~ The applicant has a piece of private property. He has the right to store an ~utique pl~e there or ~u antique automobile and the Board has told him that is not the case. It is no~ the function of the Building Inspector to tell him,he can't have it, Southold Town Board of ~ppe~$ -8- August 30~ 1973 THE CHAIRM~hN: Nay I interrupt? He is using this as a flying strip and storage of an antique~plene. ~. CORWIN~ He is not using it as a flying strip, This is private property. He has the same rights as you have in your own driveway. TB~ CHAIR_~%N: Does he use it to lend his own Plane? NR~ CORWIN: He could come in by helicopter. We say we have a perfectly legitimate right. I submit~ if you want to regard it as bonafide, this is a case where this should be granted. I ride up and down the highways of this Town and I am ~unoyed~ not by airplanes coming in but by the ones that spread noxious pesticides over me, This fellow intends to store an antique airplane as part of residential use. He is not going to be flying in and out all the time, probably once or twice a year, when people get together and have competitions. THE C~iRMJhN: Do I understand that the applicant submitted this application under pressure? NR. CORWIN: Hewas told that if he wonted to get any relief he would have to do it. TS~ CH3_I~3_N: It would have to be an appeal from the Building Inspector. In this case those facts are not correct° He has not asked for a Building Permit. NR. CORWiN~ He has taken the position that he did not have to ask for use. TS~ CHAIR~IAN: Is there anyone else who wishes to speak for this application? FkR. ARTHUR J, BUJNOWSKI~ Ny address is 1365 Watersedge Way, Peconic, an_d also 6Surryhill Place~ H~utington, New York. As N~, Corwin stated the facts~ they are entirely correct, I have been in aviation since I was six years old. I ~ow this doesn't interest some of you people but I got involved in this thing at a very youz~ age and as I grew bigger it became an obsession. I built models and this carried me on~ I flew fighters and. dive bombers off a carrier in the Army, I have concluded 32 years with American Airlines, Presently I am flying 747's in the Caribbean. I have three antique airplanes. I have two in Hunti~Eton and no one has ever questioned my right te have them. One is a 1929 airplane used by the R~osevelt Flyi~ School, one is a Belgian St~pf, This is 65 h.p,, which is less th~% a Volkswagen, I only need a few feet~ ~y intentions are residential, a~uually departing to some sight for a get-to- gether. The nature of the land won't be disturbed or changed, Southold Town Board of Appeals -.9- August 30~ 1973 T~ CHAIRNAN~ Would you be flying this antique plane off your farm? MR~ BUJNOWSK!: One plane is complete~ another will be~ and it will take years to fix the third one~ I have flown it all over~ I have two boys who are leaving tomorrow morning to attend an annual antique flying meet~ This has cost me in excess of $100~000~ My annual outlay for real estate taxes is approximately $4~700 a year~ I pay the County of Suffolk something short of $10~000 a year~ ~ feel that with what ~ am paying out, and with the way I work~ I have never been a burden to a co~unity~ i appeal to you people to permit me to po~sue this deep rooted interest~ Mo one will be suffering~ T?~ C~_I~AN~ I checked a half dozen Ordinances this afternoon~ Huntington~ Riverhead~ Islip~ Babylon; etc. i could find nothing in Islip or Huntington on airports~ River- head permits an airport by special per~it of the Town in three different zones~ Light and Heavy Business and one other~ Southampton per~its by special exception of the Board of Appeals~ MR. BUJNOWSKI~ When you say ~'airport~ do you get into commercial? There will be nothir~ like that here. THE CHAiRMAN~ What occurred to us was the definition of ~airport"~ and our definition is that an airport means any landing area used regularly by an aircraft~ This is New York State Law, There are ~mendments to that law which require that ~u airport be permitted only by a goverrn~ent body of a To~n with the consent of the State of New York~ who use a number of standards to determine whether or not it will be permitted. One of the conditions is that it will not conflict with adjacent airports~ ~ud there are conditions concerning airport safety. it's far beyond us here~ We also went over a decision of some executives of Alexanders Department Stores who attempted to use a heliport at one of their stores. The thrust of it was that it was not an ordinary use of property~ I think it is beyond the power of this Board to determine whether or not you can use a landing strip~ I don't think we would be concerned about the storage of antique airplanes. MR~ CORWiN~ I think that's the case~ too, but if you do decide that you would consider the application for a variance, and I think you have that power~ if you would want to grant conditioned on the things my client has represented to the Board~ that would be perfectly alright~ THE CHAIR~AN~ Does ~uyone else wish to speak for this application? (There was no responses) Southold Town Board of Appeals -10- August 30, 1973 THE C~I~AN~ Is there anyone present who wishes to speak against this application? MR. JULIUS J, KRUPSKI, Peconic~ I live north of the strip, I am. against it~ THE Ch~_I~AN~ I am sure you realize it's not a popularity contest~ it's not a case of getting permission of all the neighbors. MR~ WILLIA~ BLAKE, Peconic~ I also own property near there~ I would like to put on the record~ No. l, that ~ro Corwin said something about this would only be used once or twice a year~ In the last four or five weeks it has been used a dozen times. i am speaking as a property owner. ~%~en he takes off with this plane he comes over our area. i ~m not a professional judge of distance but he is not more th~u 50 feet to 100 feet over those trees. It's a rather heavily populated area~ There are seven houses on Leslie's Road and he goes right over those houses. In his application he said this is not a residential area~ There are still some farms but there are a lot of us living there. There is ~ airport in Mattituck. If he wants to fly his plane out of there, it's six miles from~his house, which I don't think is a great deal of distance~ We have not gotten a petition together but we have a great majority of people in the indian Neck area who are against it, GEORGE BERNAUP~ER~ Peconic~ i am against it. MR. HAROLD PE~=RCE~ Peconic~ They have local meetings, fly-ins. Would we have 50 planes converging on us? MR. BUJN0WSKI~ The only airplanes you would see there are my pl~ues, You might see my sons there. I have three airplanes and they are all antiques~ two are bi-pl~ues ~ud one is a mono- plane. NR, JACK DRISCOLL~ I would like to ask the Board how many times a ye~r do farmers land on their farms to spray the farms? if the farmers are allowed to land planes ~nd helicoptors so many times a year to spray~ why should not another person be allowed to land? How many times will a farmer take off and land? ~R. GRIGONIS: On a normal day he will maybe land a dozen times, THE CHAIR~N: Your point is that if it is legal for farm use, it should be legal for personal use providing certain requirements are met. Southold Town Board of Appeals August 30~ 1973 ~. STEVE TSONTAKIS: I fly myself and I ama familiar with the regulations on altitude. It is 500 feet in a lightly populated area and. 1,000 feet in a heavily populated area. You won't see any big heavily populated area except in Greenport. ~*~. Bujnowski is within his rights to fly 500 feet in the area and, i am sure, tha~ as a responsible pilot he flies well above that. He can climb at a sufficient rate taking off from his farm to be well above 500' by the time he gets to the boundary of his farm. So he should be able ~to do it on landi~ also. open come ThUE CHA!P~: Is what he sai~ essentially correct? ~. BUJNOWSKI: if you ws~t to ~plify that further~ over water you can come down on thel water providing you don't within 500 feet of any person or property~ THE CHAIP~-AN: Can you land on your property? ~hEo BUJNOWSKI: This airplane lis airborne in 175 feet. It lands and revs out at 200 feet. ! I climb at 60 miles an hour with a climb rate of 215 feet ,a minute, THE CHAI~N: Does anyone elsie wish to speak for this application? (There was no responsie.) THE CHAZR~AN: Does anyone elsie wish to speak against this application? ~*~. GEORGE MORAN, Peconic: I do not like the correlation between the use of an airplane and how farms are sprayed because it is on a fixed piece of property that the spraying takes place~ There are farms near my home and they don't fly over~ if this is granted, while his intention is noble, suppose someone else bought it, could they use it for an airstrip~ These are some of the fears that we at Ludian Neck possess, THE CHAIPJ~iN: The use variance goes with the land and not with the individual. ~AR, NORAN: Therefore, if it were purchased by "John Jones" five years from now and he decided to use it, would that variance hold? THE C.M3_I~u%3~: A vari~uce can always be rescinded, As I said previously, I don't think it's within the power of this Board to make this decision. ~. BENSON: ! have nothing against the man but I hate to see his friends come in with their airplanes at any time of day, ,Eventually, prob~oly an airport will be made out of that land. i don't object to one airplane for his personal use, Southold Town Board of Appeals August 30, 1973 MRS~ ANITA BERNARD: I think any objections we would have would be on safety and quality of life, I don't think anybody would be against it if it were safe, However, when the present o,~_er no longer has it~ can it be restricted? THE CHAIR~N~ I think it could be very severely restricted. We ~ave to take the advice of our Town Attorney and if he decides that we can act on it, it would certainly be restricted to the extent that it would be merely for his personal use, There are many other requirements, We looked at cases in Massachusetts, Ohio and New Jersey. In Massachusetts and Ohio this was not regarded as -in6idental; use of personal property, Apparently the decision did not forbid it but it did forbid the Building Inspector from granting as an incidental use of property. This is an incidental use of property that ~uybody with enough land can use, I checked with Fishers island, They have had a lot of airplanes over there, and helicoptors, People there particularly object to seaplanes landing on the Sound, Henry Luce had a helicoptor. He had ten acres which is big enough for a helicoptor, I am talkir~ about private use, Jock Whitney had a seaplane in front of his house for a number of years, I checked with the Planning Commission of Suffolk County of which I am a member, Since I have been a member we have never had this problem come up, NR~ WILLAR~ LAWRENCE~ North Fork Taxpayers Ass'n.~ Without having restrictions, this may be a nuisance. There is a safety factor because of the danger involved. F~rthermore, this property is zoned "A" which is Agricultural, if you want a recommendation, have it sub-divided into one acre pieces. THE CHAIRiMAN~ Would you describe what you mean by the word "nuisance", ~ LAWRENCE~ The noise of planes flying over the house~ ~. GEORGE MORAN: I have heard the analogy here a few times "private property similar to a golf course", i don't like that analogy between an airport ~nd a golf course, MR. P~NRY FRIENANN: I would like the Board to know that ~it~ the people who spoke for this are out of this area and will not have to live with this nuisance and possible d~ger. MR. HAROLD PEARCE: There is a lot of talk about people who have built and bought houses around JFK Airport. I have no sympathy for these people who built and knew what they are getting into. We are talking about a place where we have our houses. Once the door is open there is no telling where it will goo Southold Town Board :.of Appeals -13- A~gust 30~ 1973 MR~ H~NRY SC~v~cKPEpER, Pine Tree Road~ Cutchogue~ The restrictions that would be written into this thing are very complex and probably would not cover any of the things that would eventually happen. There are a lot of pilots living in this area mud it would be very convenient for them to have an airstrip to commute to one of the international airports, ~other thing is that an antique airplane must be very old. How would you determine the structural strength of one of these planes~ it does concern me that if it should have a failure~ either instrumentally or mech&uically, it would be d~ugerous~ THE CHAI~AN~ Under New York law there are four classi- f~ca~mons of airports~ I do not know enough about it at this point, ~%~Ro BUJNOWSKI: The categories are quite complex, THE CHAIrmAN: One of the things is the location of an airport. A case was denied in Hicksville which would have been a Class I alrport: which requires a one mile radius, The Commissioner of Transportation denied to this group because they were less than five miles from a Class 4 airport at Grumman's~ which requires a four mile radius. Airports may not be closer than the sum of their required radii, That might enter into the situation here in relation~to Nattituck Airport. MR~ NATHANIEL ABELSON~ Peconic: I understand that the applicant is presently flying his plane from his property. ~y question is, if this is legitimate~ why does he want to have a variance to create an airport? STANLEY CORWIN, ESQ.: We are not asking for a variance for an airport~ We are asking to exercise our rights on private property without interference of the Building Inspector~ the ss~e as everyone else has that right. THE CHAI~N: One thio~ that I might point out is that the Board of Appeals is not an enforcement agent of the Zoning 0rdinance, The Building Inspector is given the task of enforcing such laws of the Zoning 0rdinance~ MR. FRED HULSE, JR.: The Building Inspector deemed that there was a viOlation of the 0rdin~uce so hs issued an order to correct the violation~ ~. CQRW_M~ If the BUilding Inspector ordered me not to drive my automobile on my own d_~veway~ I would feel the same about that as I do about ~r. Bu~nowskl's case. Southold Town Board of Appeals -14- August 30~ 1973 THE CH~_R~ How big is the piece of property? MR, BUJNOWSK!: The survey indicates 25 acres. This would be for my own personal plane. There won't be any individual on the property but myself. TkT~ CH~IR~N~ There have been several points made here tonight~ Are there any other questions? (There was no response.) On motion by ~. Gillispie~ seconded by ~ Bergen, it was RESOLVED to postpone decision on Appea! No. 1821 ~ntil September 20~ 1973. Vote of the Board: ~yes:- Nessrs~ Gillispie~ Bergen, Hulse, Grigonis. PUBLIC HE~R!NG: Appeal No. 1825 - 9:00 P.M. (E.S.T.), upon application of Vito RandazEo, 54 James Street, Patchogue~ New York~ for a variance in accordance with the Eoning 0rdinance, Article III~ Section 301~ and the Bulk Schedule for permission to divide lots with less then required area. Locatio~ of property: Lots #3, 4 and 5, Cede~ Beach Park, Southold, New York~ Fee paid $15~00~ The Chairm~an opened the heari~ by readi~ the application for a vari~ce~ legal notice of hearing~ affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIR~L~N: Is there a~yone present who wishes to speak for this application? GARY OLSEN, ESQ.: I would like to speak in behalf of the application~ You c~ see from the survey that the s~ject premises are three lots, Nos. 3, 4 and 5~ ~ap of Cedar Beach Park. There zs frontage ~f 300 feet on C~ar Beach Road and they have a depth of 155 zeet. Ny client h~pes to put all three together andwishes to divide into two separate lots having 150 foot frontage on Cedar Beach Road, and each~resulting lot would be 21~300 sq. ft. ~cross the road on the south side of Cedar Beach Road~ according to the tax map~ there are lots 26 ~ud 27. I think if they came in for a vari~uce~ due to the fact that. they e~e in single s~d separate o~ership, they would be granted. They are smaller than what we would want otis to be~ The density would not be increased. It would be Southold Town Board of Appeals August 30, 1973 impractical to require my client to put one house on a long, narrow lot~ and it would not change the character of the develop~ent~ THE C~IR~AN: Does enyone else wish to speak for this application? (There was ~o response,) THE CHAIR~N~ Is there auyone present who wishes to speak against this application? (There was no response.) THE CHAIRNAN~ Was this application made about a year ago to this Board? ~ OLSEN~ I did not make it. I believe at one time that an application was made for three separate building lots. This application is different, He wants to take the three lots and split them in half. TN~ CHAIR~N~ I believe we recently denied ~u application on property around the corner. I would have to b~ against this because of the change in th~ Ordinance requiring 40~000 sq, ft, ~nat you say about the lots across the street may well be true. Howsver~ that cannot be used to influence this applioation~ The land behind is open, undsvelopsd~ mud pre- sumably would go into acre lots~ ~. OLSEN: The development is Cedar Beach Park and this is part of it. ~ost of the lots are smaller. T~h~ CHAIR~ We are not guided by the old lots and the old maps, ~R, OLSEN: But you also have to look at the development~ These lots are n~bered lots within the same subdivision. A good many are smaller than we are asking for~ There are a number of lots that are in single and separate ownership and people could build on them~ Directly across the street you have two lots that are 100' z 145' whereas our lots would be m half acre and would be larger th~, most of the lots in the subdivision. You brought up the matter of a denial of property aroum~d the core_er, This is different~ As I understand it he wanted to split off one lot that ran down ~ain Bayview Road so it's a little different. He doesn't have road frontage on Cedar Beach R~ad~ We have a long~ narrow lot~ It will not destroy the character of the neighborhood and the density would be increased by one~ If Lot No. 4 were owned by some other individual you would not have the merger problem so I think the vari~uce should be granted. Southold Town Board of Appeals -16- August 30, 1973 THE C~L&iR~AN: I would have to be against it for the reasons I have stated~ We have already denied this~ MR~ 0LSEN~ It was not the same application~ Ti~ CH~iRS~N: ! am sure the other application was made in 1971, it stated the same facts, T~ CH~_IR~D.N~ Is there ~uyone Present who wishes to speak against this application? (There was no response,) After investigation and inspection the Board finds that applicant requests permission to divide lots with less th~u required area, Lots 3, 4 and 5, Cedar Beach Park, Southold. The findings of the Board are that the request in this application is contrary to the Bulk Requirements of the Zoning Ordinance, 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 s~e use district~ and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by ~;~. Gillispie, seconded by ~. Grigonis, it was RESOL¥~.D, Vito Randazzo, 54 James Street, Patchogue, New York, be DENIED permission to divide lots with less th~n required area, Lots 3, 4 and 5, Cedar Beach Park, Southold, as applied for. Vote of the Board~ Ayes:- ~Iessrs: Gillispie, Bergen, Hulse, Grigonis~ PUBLIC HEARING~ Appeal No. 1826 - 9~!0 P.~. (E.$.T.)~ upon application of Nattituck Inlet Narina~ ~ill Road, ~attituck, New York~ for a special exception in accordance with the Zoning 0rdinance~ Article VI, Section 600 C II, and Article XV, Section 1501 for permission to maintain roof sign on building. Location of property: W/S of Nattituck inlet, Nattituck, bounded north by J. R. Holmes~ east by Nattituck Inlet~ south by Lot P, Shore Acres~ west by J. Leo Grande and N. Chudiak. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, affidavits attesting to its publication in the official newspapers, legal notice of hearing~ and notice to the applicant. Southold Town Board of Appeals -l?- August 30~ 1973 THE C~AIR~N: is there anyone present who wishes to speak for this application? (There was no response,) THE CF~IR~N~ Is there anyone present who wishes to speak against this application? (There was no response,) After investigation and inspection the Board finds that applicant requests permission to maintain roof sign on building on the west side of Mattituck Inlet~ Mattituck, New York, The Board does not agree with the reasoning of the applicant~ The applicant erected the sign to show affiliation with the Gulf 0il Compa~ as a dealer in their products. The Board finds that the sign extends above the ridge of the roof. The Board finds that the public convenience and welfare and justice will not be served ~d the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or s~ostantially injured and the spirit of the Ordinance will not be observed. On motion by ~ Bergen, seconded by ~, Gillispie~ it was RESOLVED~ Nattituck Inlet Marina, Mill Road~ Nattituck~ New York, be DENIED permission to maintain roof sign on building~ as applied for~ Vote of the Board~ Ayes:- Nessrs~ Gil!ispie, Bergen, Hulse, Grigonis. PUBLIC ~ARING~ Appeal No. 1828 - 9~25 P.M, (E,S~T,): upon application of Henry Walsh~ Private Road, Fishers Island~ for a variance in accordance with the Zoning 0rdin~uce, Article iII~ Section 301 and the Bulk Schedule for permission to divide property with less than required area. Location of property: Right of way off S/S Ave. B, Fishers Islaud~ bounded north by Lands of Henry Zabohonski & ano.$ east by Jane DuPont~ south by Land of Henry Zabohonski & ano.~ west by G~ Repanti and others~ Fee paid $15.00~ The Chairman opened the hearing by rsadir~g the application for a varian.ce~ legal notice of hearing, affidavits attesting to its p~olication in the official newsps~ers, and notice to the applicsnt, Southold Town Board of Appeals -18- August 30, 1973 THE CHAIR~.AN: Is there anyone present who wishes to speak for this application? STANLEY CORWIN, ESQ.~ I represent Mr. Walsh. Actually it was our intention to have this application made by the party to whom he was going to sell the property. We thought the Board was going to Fishers Island and felt that we should get the application on record before you went. Ti~ CHAiRt~N~' We looked at the property. ~R~ CORWIN: We are not talking about anything that doesn't already exist;~ We ~re simply changing the owmership and. that is all that would be involved. We think the Board should grant the application. THE CHAiRWomAN: We might also note that this app_mcat~on was also published in THE DAY~ a New London pub.~xcat~on~ and that the application is accompanied by a survey. (There was a further discussion of the map between C oz~v~n and the Board). THE CHAIR3~AN~ Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Bo~d finds that applic~at requests permission to divide property with less than required area on right of way off south side Avenue B~ Fishers island, New York. The findings of the Board are that applicant is dividing property which already exists. The Board agrees with the reasoniD~ 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 i~ediate 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. Hu_se~ it was On motion by Nr. Bergen~ seconded by ~. ~ 1 P~SOLVED, Henry Walsh~ Private Road~ Fishers Island, New York, be GRANTED permission to divide property with less than required area~ A Condition of granting this variance is that Parcel No, 2 is entitled to access as set forth in the sur~ey accompanying the application. Vote of the Boards Grigonis. Ayes~- Nessrs~ Gillispie~ Bergen, Hulse, Southold Town Board of Appeals -19- August 30~ 1973 PUBLIC h]EARiNG~ Appeal Nco 1829 - 9:'40 P.~. (E~$.T.), upon application of Guido Ciacia~ Main Road~ Greenport, Nsw York, for a vsmiance in accordance with ths Zoning Ordinance, Article Iii, Section 301 and the Bulk Schedule as applies to Article IV~ Section 600A for permission to set off single lot with less thsn required area..Location of property: Lot #176, Amended Nap of Peconic Bay Estates, Greenport, New York. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesti~ to its publication in the official newspapers, 8/%d notice to the applicant. T~ CHAIRMAN: The application is accompanied by a copy of a map of Peconic Bay Estates, THE CHAIR2~AN: Is there anyone present who wishes to speak for this application? ~ GUIDO CiACIA: All the lots are about the same sizs. three lots. There is a house on one, No. 178. THE CHAIR~N: Is this zoned Business across the street? l%~R. C IAC IA ~ Ye s. (There was a further discussion of the map between Mr. Ciacia and the Board). THE CHA_RF~N: Is there anyone present who wzsnes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to set off single lot with less thsn required area, Lot #176~ Amended Nap of Peconic Bay Estates, Greenport~ New York. The findings of the Board are that applicant is the owner of a oarcel of land which is surrounded by smaller lots and an-unused right of way to the south. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinar~ce would produce practical difficulties or unnecessary hardship~ the hardship created is unique and would not be shared by all properties alike in the imm~ediate 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. Seuthold Town Board of Appeals -20- August 30, 1973 On motion of I~. Hulse, seconded by Mr. Grigonis, it was RESOLVED~ Guido Ciacia~ Main Road, Greenport, New York, be G~NTED permission to set off single lot with less than required area, Lot ~176~ Amended Nap of Peconic Bay Estates, Greenport, New York, as applied for~ Vote of the Board: Ayes:- Nessrs: Gillispie, Bergen~ Hulse, Grigonis. PUBLIC HEAR_NG~ Appeal No 1824 - 9:50 P.~,. (E.S.T.), upon application of Brian Lynch~ R.D.l~ BOx 21E, 5~attituck, for a variance in accordance with the Zoning 0rdinance~, Article III~ Section 300 C~ & Article IX~ Section 900-46 praymng service mn A fgr permission to operate Aireal S ' ~ ' "" D~strict. Location of property: ~/S of Oregon Road~ ~attituck~ bounded north by L. i. Sound! east by Rose Ho Baer~ south o~ Oregon Road~ west by Grafic Arts !~L~nagement Corp. 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. T~ CP~IR~N: Do you s~ear that this is your signature? ~R. BRIAN LYNCH: I do. THE CP~IR~J~: Is there anyone present who wishes to speak for this application? ~. BRIAN LYNCH: I have a prepared statement that i would like to read. (Copy of statement attached has been made a part of the minutes of August 30~ 1973). THE CHAIR~: ~'e you from this area? LYNCH: I live in Nattituck. THE CHAIR~N: is there anyone else present who wishes to speak for this application? RIC~_RD LARK~ ESQ.: I represent Mr~ Lynch. As you know we c~ne for a variance by way of carrying out State regulations. Southold Town Board of Appeals August 30, 1973 You have complete power to grant a variance to permit a landing strip, St~udards are that substantial justice will be done, These standards were designed to give a maximum amount of discretion, Let's look at the spirit of the Ordinance tuuder Article iii, Section 300 A-2~ "The following commercial agricultural operations and accessory uses~ including irrigation~ thereto, provided that there shall be no storage of manure, or other odor or dust producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line". It lists permitted uses in "A" Residential and one of the uses is spraying and dusting to protect vegetation, We submit that this is the use that Ar, Lynch seeks for part of Berkoski's farm, He operates off a 1500 foot strip there on 38 acres~ the applicant uses a 15' x 1500' strip. The use that he seeks is in support of agriculture. Both sides of Oregon Road in the Cutchogue area are in Agricultural zone, There is a hardship that would carry over to the farmers he is presently serving, or other farms that might seek to uss his service, A denial, in no small way, would lead to a decline of farming in Southold Town. it would be opposed to the Ordinance, in fact, the County Executive has tried to preserve farming on the eastern part of Long Island, and, I believe, your Board has been on record in support of open space. It has been determined that because of various insects mud pests aerial spraying is a good method~ and if the farmers go out of business, it will lead to a further decline. He can not operate out of ~Aattituck Air Base, I suggested he go to Nattituck Air Base~ The ToYm has put in all their business for Parker Wickham there, It has to be operating for the citizens of Southold Town. Nr, Wickha~ could not care less. He says he has been through that route. To operate out of Suffolk Cou~uty Airforce Base is impractical because Mr. Lynch has to be near the spraying area, So you can see that as long as the To~m. Board condones the operation of Nattltuck Air Base for ~ro Wickham and his cronies, ~, Lynch is going to be faced with problems, ~t would make sense to grant because even under our Ordinance he would have to come back and get a special exception if the land was zoned industrial. The Board does have the power to grant this type of application, ~'~at the applicant really wants is a special permit, The gram. ting of this application will not change the character of the neighborhood, tt is Agricultural and what he does is definitely in support of it, W~at he is doing will not change it or disrupt it. There is not one written complaint about his activities from the Police Department, the Supervisor~ and not one citizen has formally complained that what he is doing is not good, $outhold Town Board of Appeals -22o August 30 ~ 1973 The applicant has no objections to reasonable conditions~ What ! ~m referring to is that he be allowed to operate an aerial spray service in support of agriculture~ Further~ that this operation will be limited to Nay I through October 30 so it will definitely be in the agricultural season~ Also he has agreed that he will terminate his business if there is any construction of new homes adjoining the farm where he is now operating. Also~ i think there should be no majo~ over- hauling~ it would simply be limited to minor on-site repair of his alrplane~ ~r~ Lynch is willing to do anythi~ reasonable that the Board will impose on him so he can continue with his aerial spraying operation, He has gone around and gathered 30 signatures of people who are directly affected and are bona fide residents of the Town~ I would like to present this list to the Bo~d~ (Copies of affidavits attached hereto ~d made a part of the minutes of August 309 1973), THE CHAIRNAN~ Does anyone else wish to speak for this application? NR~ FRANK NcBRIDE~ 0regon Road~ Cutchogue~ If I had to rely on an old fashioned ground sprayer it would cut my business in half. One of the import~ut things i~ irrigation~ We would have to move all these pipes and get spraying rigs~ This saves a lot of labor, This is one of the things that is a big help to us. I would wish that you would allow hi~ to continue this, THE CHAiRWomAN: I think you fellows ~re very well able to present a case here~ We were dusting when i was farming~ There is only one problem, i don't ~n~ow if you were here for an earlier application of a fellow landing on a sod farm, There have been a n~mber of cases that have related to whether this is incidental use of agricultural property~ There was one in Nassachusetts where they said it was not incidental use of property~ In Ohio they established that an air strip wae permissible incidental use. In Florida and North C~rolina they don~t pay any attention to airplane~, ~n New Jersey there was one case where a man bought some land and used p~rt of it for his ow~ private strip~ and there they held that it was incidental use of property~ Under our Ordinance the only place for an air strip is heavy Industrial Zon~ I understand you o~ a couple of "C~ Industrial ~ones~. ~ it might be a solution to relocate~ In any case~ ~ don t ~n_nk we will make a decision tonight. I have checked with the Pla~ing Commission in Hauppage~ of which ~ am a me~ber~ No one there has heard of this problem. The definition of an airport means any landing area used regularly by aircraft for the receiving and discharging of passenger or cargo or landing for personal or training purposes. Southold Tov~ Board of Appeals -23- August 30~ 1973 MR~ LYNCH~ This law was put through in 1970. We were operating in 1967. MR. LARK: Prior to that it was required that certain classes of aircraft strips like Nattituck which is Class 1 could be no closer than one mile. Class 2 was two miles. The point is that Section 249 was amended which required that any la~.dingstrips that went in after that would have to get approval. Prior to that you did not have to get approval. THE CF~!R~N~ He would be alright. He had prior non- conforming use. It would seem to me that places with several thousand acres could support their own plane, i found out this aflernoon from Town Counsel that the Co~missioner of Transportation enters into the act and he has to approve the governing bodies of Towns. Our Ordinance was passed in 1971 and can't contravene State law~ I think we will have to postpone our decision. MR. LARKs You do have the power in, the State of New York Town Law to grant conditional varis~ces. You are not contra- vening ~uy judicial decisions. (There was a further discussion of State of New York regulations and various court oases.) The Chairman of the Heliport Committee was present ~nd said that the Committee gives advice to people all over the United States. They try to establish an area on a permanent basis rather than a temporary one. Of their world membership only 17% operate in proximity to a large residential area. So, we have people in the boondockm However, when you get into a mega- lopolis like New Jersey we actually give some assistance in establishing these things. They send representatives to Town Board hearings. Each area differs~ THE CY3_IR~nN: Our regulations are by special exception of the Board of Appeals. In a heavy industrial zoned area~ anything done there is done by special exception and site plan approval of the Planning Board. Both of those Boards have to be satisfied, What we are exploring is incidental use, ~R. LARK: The helicoptor is incidental to sprayingo Our Ordinance doesn't foster the flying of pls~es in and out but does foster agriculture~ It's the Number One industry in the Town° TI~iE CHAIR~AN~ I have checked the Ordinances in other There is nothing on airports in H~utington ~ud Islip~ Riverhead permits it in three ~ones by Town Board permit~ ~. ~CBRiDE~ Did anyone file objections to this application? Southold Town Board of Appeals August 30~ 1975 TI~ CHAIRMAN: No~ not that I know of. Tk~ C?D~IR2~'.iAN: ks there anyone present who wishes to speak against this application? (There was no response.) On motion by N~r. Gillispie, seconded by ~. Bergen, it was RESOLVED that decision on Appeal No~ 1824 be postponed until such time as the Board has an opportunity to study it further. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse~ Grigonis. On motion by Mr. Bergen~ seconded by ~. Grigonis~ it was RESOL%rE~ that the minutes of the $outho!d TOw~ Board of Appeals dated AugUst 9~. 1973~ be approved as submitted, subject to minor correction. Vote of the Board: Ayes~- Messrs~ Gillispie, Bergen, Hu!se, Grigonis. On motion by . u~!~sp~e, seconded by ~. Hulse, it was RESOLVED that the next meeting of the Southold Town Board of Appeals be held at the Town Office, ~ain Road, Southold, New York, at 7:30 P.M., September 20, 1973. Vote of the Board: Ayes~- Messrs~ Gi!lispie~ Bergen, Hulse, Grigonis. For the record: Eleven (ll) Directional signs were reviewed and approved. On motion by Mr. Grigonis: seconded by ~r. Hulse~ it was RESOLVED that sign for Mattituck Gun Club Turkey Shoot may be displayed two weeks before the event~ September 16, 1973~ rain date September 23~ 1973, ~ud shall be removed within one week after the Turkey Shoot. Vote of the Board~ Grigonis. Ayes:- Nessrs~ Gillispie~ Bergen, Hulse~ Southold Town Board of Appeals -25- August 30, 1973 On motion by ~. Gillispie, seconded by Mr. Bergen, it was R~SOLVED that the Southold Town Board of Appeals set 7:45 P~. (E.S.T.), Thursday~ September 20~ 1973, at the Town 0ffice~ Main Road, Southold, New York, as the time and place of hearing' upon application of William Grefe, New Suffolk Avenue, New Suffolk~ New York~ for a special exception in accordance with the Zoning Ordinance~ Article IX, Section 900 as refers to Article VIii, Section 800 B-4, 3 and Article IX Section 900-8 for permission to operate building contractor yard and to manufacture ~ud store concrete products. Location of property~ west side Cox Lane, Cutchogue, bounded north by L~ B. Glover, Jr.~ east by Cox Lane~ south by B~ Harris~ west by L. Glover, Jr. Vote of the Board: Ayes~- Nessrs: Gillispie, Bergen, Huise, Grigonis. On motion by ~. Hulse, seconded by Mr. Gillispie~ it was RESOLVED that the Southold Town Board of Appeals set 7:55 P.M. (E.S~T.), Thursday~ September 20, 1973, at the Town Office, Main Road, Southold~ New York~ as the time and place of hearing upon application of John Fo Keating~ 19 995 Soundview Avenue~ Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 302 for permission to erect an accessory building in front yard area~ Location of property: N/S Soundview Avenue, Southold, bounded north by Long island Sound~ east by F~ Alfieri~ south by Soundview Avenue~ west by C. Posy. Vote of the Board~ Ayes~- Messrs: Gillispie, Bergen~ Hulse, Grigonis. On motion bY b~. Grigonis, seconded by Ym. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:05 P~M. (E.S.T~), Thursday, September 20, 1973, at the Town Office, Main Road, $oUtho!d, New York, as the time and place of hearing upon application of Andre Pappas, 15 Pleasantview Drive, Bayville, New York, ~ud Ninos Savvides~ 25~10 Hoyt Avenue, Astoria~ New York, for a variance in accordance with the Zoning Ordinance, Article IIl: Section 301 and Bulk Schedule for permission to divide property into two lots. Location of property~ Lot #87~ Capt. Kidd Estates~ Inlet Drive and Summit Drive, Nattituck, New York. Vote of the Board: Ayes:- Messrs~ Giilispie~ Bergen: Hulse~ Grigonis, Southold Town Board of Appeals -26- August 30~ 1973 On motion by Mx~ Bergen~ seconded by ~ Hulse, it was R~SOL~D that the $outhold Town Board of Appeals set 8:15 P.M~ (E~S~T.)~ Thursday~ September 20~ 1973~ at the Town Office, Main Road, Southold, New York~ as the time and place of hes~ing upon application of Albert Mo Garbade, Jro~ Indian Neck Lane~ Peconlo~ New York, for a varie~ce in accordance with the Zoning Ordinance, Article III, Section 301, ~d Bulk Schedule for permission to build a new dwelling with reduced rear yard. Location of property~ Lots 21 and 22 of Arrowhead Cove, W/S Arrowhead Lane~ ?econic~ New York~ Vote of the Board: Ayes~- Messrs~ Giilispie, Bergen~ Hulse~ Grigonis~ On motion by Mr. Gi!lispie, seconded by !~ Grigonis~ it was RESOLVED that the Southold Town Board of Appeals set 8:25 P.M. (E~S.T.)~ Thursday, September 20, 1973, at the Town Office~ Main Road, Southold~ New York~ as the time and place of hearing upon application of D5~inick~Zito]~ proprietor of Southold Inn, ~ain Road, Southold, New York~ for a special exception in accordance with the Zoning Ordinance~ Article VI~ Section 600 B-3 for permission to erect and maintain more th~u one groo_nd sign. Location of property~ N/S Main Road~ Southold~ New York bounded north by L. Barnett~ east by L. Barnett~ south by Nain Road~ west by F~ Thompson° Vote of the Board~ Ayes:- Messrs: Gitlispie, Bergen, Hulse, Grigonis. On motion by ~. Hulse, seconded by ~. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:35 P.M. (E.S.T~), Thursday~ September 20, 1973, at the Town Office: ~ain Road~ Southold, New York~ as the time and place of hearing upon application of Sigmond Sarnowski, 89-12 Woodhaven Blvd., Woodhaven, New York: for a varimnce in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule of Building Zone Ordinance for permission to reduce frontage of lot. Location of property~ Lot # 196, Map of Nassau Point, Old Cove Road~ Cutchogue~ New York. Vote of the Board~ Ayes:~ Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -27- August 30~ 1973 The meeting was adjourned at 11~20 P,M. Respectfully submitted ~ r~arjorie ~icDermott~ Secret~ry Southold Town Board of Appeals APprOVED, ,. ~ober~ ~ 1~0~ e~.' ~,~airman Chairman and ?Iembe=s o_~ the Boarm Three years ago, at the suggestiomMand with help from-Tom Shalvey amd ~ra~Z~ McBride, I began a~ aerial application service, for agricultural chemicals, in the Town of Southo!d. Iwas asked and encouraged to wo~ here, a~e farmer~-had no alternative method of custom crop sprayin~an the helicopter service, which c uidn t handle the work load, and whose servmce was becommng more expensmve. The service ~ioh I supply is strictly £or the Su££olk County farmers and is custom tailored to their needs° By way of backgro~ad, the agricultural aircraf$' industry maintains ~over 6~O00 aircraft and tends to over 70 m~iiion acres. In doing vn_s tremendous task, we dispense some 709 million pop, ads of dry material, and 1~! million gallons of liquid material?g~n this course, we flew !,300~000 hours which is equivalent to a trip to the moon every day. It is estimated that every acre treated by air, increases their 'yield by at least 10%, or the equivalent o£ producing another 700,000 acres of production. Economically speaking, aerial application is the cheapest way to cover the crop. The reason for this is that there is no crop damage during the application. This damage is not on]y direct at the time of application but is a liability during the growing season and a'hazzard at harvest. Sprayer tracks can cause a standing water As I have previously stated, i can, with the aircraft, apply agricultural chemicals at a lower cost per acre than the farmer can do with his own machinery. ~nis is due to the labor shortage (~¥nioh shows no signs of relieving itself) on the farm. In simple terms a single farmer cannot spray~ fix machinery, di~ a crop, grade, culti- vate, keep the books and all the other farm tasks that are daily occurences. My hours of op.~ration are primarily between sunrise and eleven o'clock, a.m., 'with an occasional eveningspray. Prior to commencing operations, three years ago, I talked to Chief Cataldo about the legality of such an operation in Southold Town. He assured me that there was nothing illegal situation~ For a short time~ I op~ 0ff i the tov~n supported airport. We found, that my service was incompatible with his been prohibited to operate from the to~ strip. As far as I know~ there has been no ma~or complaints about my operations. We have had minor irritations which I have worked out~ ~th the individual, to his or her satis fsi to see how my operation can ~m~erfezewmth the SoUthold Town citizen of their proPerty, as I am strictly in support of farming. As i have stated, my work is seasonal, May to September and I operate primarily from dav~n to ll:OO a.m. Anytime I have received a complaint about, ~o~ instance, autos being sprayed, I have taken care of them to their satisfaction. I would like to point out, at this time, we have~a perfect safety record. I have spen~ over 700 hours over Southotd Town, and over ~5,000 acres and we have had no incidences'. ~In fact~ my total operation is based on safety. As you well kuow, it is not the easiest thing in the world to spray some of the'fields in our town. I have been told, by some of my customers that because of my spraying they are still farming~ and are able to stay competitive with other parts of the County ~nere aerial application is exten- sivelyused. Also, for health reasons, some farmers could not continue due to the toxicity of modern chemicals. Additionally, when i handle chemicals for the farmer, only thr~e people handle the material, as opposed tO 40 or 50 fa~mers. Add to this, the fact that in currentconditions, a 200 acre farmer.could never cover his ground fast enough, with one man, to establish a minimum of con- trol. The service which I provide has been helpful, but most of all, effective for the farmers. They ca~ot see how my operation from the Berkoski farm would, in any way effect the zoning use of the land. I am only based there on a temporary basis, and I do nov intend ~ operate-an ai~ort of any kind. The only aircraft ~h~ have ever landed~'there have been agricultural in purpose, either mine or asubcontra~tor. I run a spray operation only. I have no · ~intention, to run an airport. My work is strictly in support of the farm population, and only that population. I don't give joy rides, or anything else like that and as your inspector can attest, the aircraft can only be used for ag and have bareI~ enough, room i'n them'formyse!f, am that, although I amtotally in support of the farmer~ allowed'to spray, I ca~ot perati~ ght also say, if natural disaster, such as Hurricane Agnes, ~he fields could'become so inundated with water, that the farmer could not get into his fields and protect our crops, but I could. Farming i~ Town h ~ s ouzd.do e~ the Town the orly that I do there is ver~-, very minor repairs on the airplane~ things that require minor maintenanCe; all major maintenance is done away at another airport that has the facilities to do that. I do not seek this, I ~ust seek ~he permission to be nearest for me t( ~rate out of since Mr. WiCkbam andh~s Mattituck to let me use it would be at Westhampton Beach, the former Suffolk County Air Force~Ba~e'~-andI cannot operate economically for the farmer in Southold Town from this airfield so in effect, if I am de~ed this and have no to operate~ou~ of' out ~f business Soin yourdecisien if you deny you put out ofbusiness here, you could possibl~ and I be- lieve in my humble judgment you wilt affect many, many, many fazmers who not only utiliz~ my services this year but intend to utilize aerial spray in the future for the efficient and effective control of parasites that affect their crops. So, I respectfully request that you grant my application. August 22, 1973 TO: ~r~ Robert Gillispie~ Chairman Zoning Board o£ Appeals Town o£ Southo!d Su££o!k County, New York Wes the undersigned~ bein~ residents of the Town o£ Southolds Suffolk County~ New York, engaged in the occupation of farming, do hereby request that the Zoning Board of Appeals of the Town of Southold grant Brian Lynch's request for a special exception to enable him to operate his airplane from the Berkoski farm on the north side of Oregon Road~ Cutchogue, New Yor~, ,~o spray pesticides and fungicides on growing crops in the Town of Southold. We consider this essential to farming operations in the Town of Southold in order for the farmers to operate tnem~ farms compet- itively With other crop producing regions of t~e country because of ourmanpower shortages wear and tear on our machines, time and cost of our applying pesticide and fungicide sprays. Name Address August 22, 1973 TO: Mr. Robert Gillispie~ Chairman Zooing Board of Appeals Town of Southold Suffolk County, New York Wes the undersigned~ being residents of the Town of Southold~ Suffolk County, New York, engaged in the occupation of farming, do hereby request that the Zoning Board of Appeals of the Town of Southold grant Brian Lynch's request for a special exception to enable him to operate his airplane from the Berkoski farm on the north side of Oregon Road, Cutchogue, New York~to~spraypesticides and fungicides on growing crops in t~e Town of S0uthold. We consider this essential to farming operations in the Town of Southold in order for the farmers to operate their farms compet- itively with other crop producing regions of the country becauseof our manpower shortage, wear and tear on our machines, time and cost of our applying pesticide and fungicide sprays. Name --~-~ Address August 22~ 1973 TO: Mr. Robert Gillispie, Chairman Zoning Board of Appeals Town of Southold Suffolk County, New York We, the ~mndersigned~ being residents of the Town of Southold, Suffolk County: New York, engaged in the occupation of farming, do hereby request that the Zoning Board of Appeals of the Town of Southold grant Brian Lynch's request for a special exception to enable him to operate his airplane from the Berkoski farm on the north side of Oregon Road, Cutchogue, New York; to spray pesticides. and fungicides on growing crops in the Town of South~ldl We consider this essential to farming operations in the Town ~ of Southold in order for the farmers to operate their fal-ms compet- itively with Other crop producing regions of the country because of our manpower shortage, wear and tear on our machines, time and cost of ourapplying pesticide and fungicide sprays.