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.