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TOWN OF SOUTHOLD, NEW YORK DATE ..Dec.,.....1..9, 1974
ACTION OF THE ZONING BOAltD OF APPEALS Public Hearing: Dec. 5,
1974
Appeal No. 1964 Dated October 26, 1974
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Thomas A. Duffey, President
T.A.D. Auto Sales
Main Road, Cutchogue, N. Y.
Appellant
at a meeting of the Zoning Board of Appeals on December 19,
was considered and the action indicated below was taken on your
) Request for variance due to lack of access to property
~ Request for a special exception under the Zoning Ordinance
) Request for a variance to the Zoning Ordinance
)
1974
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the dec,ion of the Building Inspector ( ) be reversed (.) be
confirmed because 8:00 P.M. (e.S.T.) upon application of Thomas A. Duffey,
President, T.A.D. Auto Sales, Main Road, Cutchogue, New York for
a special exception in accordance with the Zoning Ordinance,
Article VII, Section 100-70 B.4 (a) for permission to conduct a
used car sales business, (b) to erect a second sign. Location of
property: Main Road, Cutchogue, New York, bounded on the north
by Main Road; east by Pequash Avenue, south by Mr. Barteau; west
by Fleet Estate. Fee paid $15.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
SEE REVERSE
practical difficulties or unnecessary
(b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
SEE~wREVERSE
APPROVED
After investigation and inspection the Board finds that
applicant requests permission to (a) conduct a used car sales
business, (b) to erect a second sign on premises located on '
Main Road, Cutchogue, New York. The findings of the Board
are that applicant has submitted a revised sketch as requested
by the Board on December 5th, and has applied for a variance
concerning the stipulation of the Ordinance "300 feet from
a residential area". The Board finds that this is a pre-
existing use and agrees with the reasoning of the applicant
subject to restrictions.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or
permitted use of neighborhood property and adjoining use
districts will not be permanently or substantially -njured
and the spirit of the Ordinance will be observed.
THEREFORE IT WAS RESOLVED, Thomas A. Duffey, President,
T.A.D. Auto Sales, Inc., Main Road, Cutchogue, New York be
GRANTED permission to (a) conduct a used car sales business and
(b) to erect a second sign, on premises located at Main Road,
Cutchogue, New York, as applied for, subject to the following
restrictions:
That applicant shall, at no time, have more
than fifteen (15) cars for sale on the subject
premises.
2. That no cars shall be displayed within thirty-
five (35') feet of Main Road.
3. That no wrecks shall be stored on the premises.
4. That no repairs, other than minor ones, shall be
conducted on the premises.
That applicant shall maintain a green hedge on
the westerly boundary of the property to buffer
the residential zone.
w
That no further business may be established on
these premises other than the existing one of
the glazier and the used car business of the
applicant.
The second sign which has been granted is a
2' x 4' illuminated sign, attached to the building,
as required by New York State Department of Motor
Vehicles.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Hulse, Grigonis, Doyen.
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the provisions
of the Amended Building Zone Ordinance of the Town of Southold,
Suffolk County, New York, public hearings will be held by the
Zoning Board of Appeals of the Town of Southold, at the Town
Office, Main Road, Southold, New York, on December 5, 1974,
on the following appeals:
8:00 P.M. (E.S.T.) upon application of Tkomas A. Duffey,
T.A.D. Auto Sales, Main Road, Cutchogue, New York for a special
exception in accordance with the Zoning Ordinance, Article VII,
Section 100-70 B.4 (a) for permission to conduct a used car
sales business, (b) to erect a second sign. Location of.
property: Main'Road, Cutchogue, New York, bounded on the north
by Main Road; east by Pequash Avenue; south by M. Barteau; west
by Fleet Estate.
8:15 P.M. (E.S.T.) upon application of Walt Whitman Federal
Savings & Loan Association, Main Road & Bay Avenue~ Mattituck,
New York for a special exception in accordance with the Zoning
Ordinance, Article VI, Section 100-60 C (3) (b) for permission
to erect sidewall sign. Location of property: Main Road & Bay
Avenue, Mattituck, New York, bounded on the north by Main Road;
east by Bay Avenue; south by E. & H. Wilsberg; west by J. McCarthy~
8:30 P.M. (E.S.T.) upon application of William Heins, Main
Road, Orient, New York for a special exception in accordance with
the Zoning Ordinance, Article III, Section 100-30 B.1 for
permission to convert existing one family dwelling to two family
dwelling. Location of property: S/S Oregon Road @ Elijah's Lane,
Mattituck, bounded on the north by Oregon Road; east by Elijah's
Lane; south by F. Deerkoski; west by M. Sidor, Jr.
Legal Notice
Page 2
8:45 P.M. {E.S.T.) upon application of James A. Davis,
Harbor Lights Drive, Sou~nold, New York for a special
exception in accordance with the Zoning Ordinance, Article VII,
Section 100-70 B.4 for permission (a) to operate a used car
business, (b) to erect sign. Location of property: S/S
Main Road, Greenport, New York, bounded on the north by
Main Road (Rte. 25); east by Robert Brown; south by Robert
Brown; west by A. Campbell.
9:00 P.M. (E.S.T.) upon application of Helmut Hass, North
Road, Peconic, New York for a special exception in accordance
with the Zoning Ordinance, Article III, Section 100-30 B. C1
for permission to use existing house as two family dwelling.
Location of property: S/S North Road, Peconi¢, New York, bounded
on the north by Middle Road (CR 27); east-Hingle & Suffolk County;
south by Long Island Railroad; west by K. Case.
9:15 P.M. (E.S.T.) upon application of Gloria & Edward J.
Praetz, 53750 North Road~ S~uthold, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-34
and Bulk Schedule for permission to construct addition to
dwelling with reduced setback. Location of property: North
Road (CR 27) and Beverly Road, Southold, New York, bounded
on the north by North Road (CR 27); east by D. Brady; south by
R.O.W. Meissnest; west by Private Road - Beverly Road.
9:30 P.M. (E.S.T.) upon applicationof George Ahlers Builder,
a/c
A. & R. Usatch, Nassau
Inc., 250 Cox Lane, Cutchogue, New Yor~for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30
and Article III, Section 100-32 for permission to locate
accessory building (garage) in front yard area. Location of
property: Lot Nos. 184 & 185, Map of Nassau Point No. 156, N/S
Broadwater Road, Cutchogue.
Legal Notice
Page 3
9:45 P.M. (E.S.T.) ~pon application of James O. and Joan A.
Maxwell, 51 Village Lane, ~auppauge, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to construct dwelling with
insufficient sideyards. Location of property: S/S Fleetwood
Road, Cutchogue, New York, bounded on the north by Fleetwood
Weiss & Ors; south by M. Dalton; west by M.
Road; east by A.
Driver.
10:00 P.M.
(E.S.T.) upon application of Joseph Cherepowich
& Wife, Main Road, East Marion, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section
100-30 and Bulk Schedule for
insufficient area. Location
Lane, East Marion, New York,
(Rte 25); east by other land of applicant;
west by Shipyard Lane.
permission to set off lot with
of property: Main Road & Shipyard
bounded on the north by Main Road
south by J. Rhode;
Any person desiring to be heard on %he above appeals
should appear at the time and place above specified.
Dated: November 21, 1974
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEAL$
Legal Notice
Page 4
PLEASE PUBLISH ONCE, NOVEMBER 27, 1974, AND FORWARD NINE (9)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on November 21, 1974:
The Suffolk Weekly Times
The Long Island Traveler-Mattituck Watchman
Supervisor Albert M. Martocchia
Thomas A. Duffey
Walt W/~itman Federal Savings & Loan
William Heins
Walter G. Kapp a/c James A. Davis
Helmut ~ass
Mr. & Mrs. Edward J. Praetz
George Ahlers Builder, Inc. a/c A. & R. Usatch
Law Bros. Homes, Inc. a/c James & Joan Maxwell
Mr. & Mrs. Joseph Cherepowich
Pra~tz, 53750 North Road, boutI~-
LEGAL NOTICE old, New York for a variance in
NOTICE OF HEARINGS accordav ~ith thc. Zoning Ordi-
nance & Ae IIL Section 100-34
Pursuant to Section 267 of the and Bu.~k Schedule for permission 'O NTY OF SUFFOLK
Town Law and the provisions of to construct addition to dwelling ' U
the Amended Building Zone Or- with reduced setback. Location of ~TATE OF Nl~ YORK
dinance of the Town of Southold, property: North (CR 27) and
Suffolk County, New York, public Beverly Road, Southold, New
hearings will be held by the York, bounded on the north by
Zoning Board of Appeals of the North Road (CR 27); east by D.
Town of Southold, at the Town Brady; south by R.O.W. Meiss-
Office. Main Road, Southold, nest; west by Private Road
New York, on December 5, 1974, Beverly Road.
on thc following appeals: ~
8:00 P.M. (E.S.T.) upon ap
plication of Thomas A. Duffey
]'.A.D. Auto Sales, Main Road
~'utchogue, New York for.a spe
5al exception in accordance ~ith
he Zoning Ordinance, Article
ill, Section 100-70 B.4 (a) for
~crmission to conduct a used car
9:30 P.M. (E.S.T.) upon ap-
ilication of George Ahlers Build-
,x, Inc., 250 Cox Lane, Cutch-
~gue, New York a/c A. & R.
satch, Nassau Pt. for a variance
t accordance with the Zoning
,rdinance, Article Ill, Section
D0-30'c. and Article Ill, Section
00-32 for permission to locate
Sherley Katz, being duly sworn, says that she is
[ditor, of THE LONG ISLAND TRAVELER - MATTITUCK
~/ATCHMAN, a public newspaper printed at Southold,
n Suffolk County; and that the notice of which the
mnexed is a printed copy, has been published in said
_ong Island Zraveler-Mattituck Watchman once each
...... .......... wee
reek
for
uccessively, commencing on the .............. ~...~... ...............
;ales business. (b) to erect a
2cond sign. Location of property:
lain Road, Cutchogue, New
ork. bounded on the north by
lain Road; east by Pequash
ienue; south by M. Barteau;
2st by Fleet Estate. ~
8:15 P.M. (E.S.T.) u
~lication of Walt Whitman Feder-
al Savings & Loan Association,
Main Road & Bay Avenue, Matti-
tuck, New York for a special
exception in accordance with the
9:45 P.M. (E.S.T.) upon ap-
lication of James O. and Joan A.
Maxwell. $1 Village Lane, Haup-
pauge, New York for a variance in
accordance with the Zoning Or-
dinance, Article 111, Section
100-30 and Bulk Schedule for per-
mission to construct dwelling with
ccessory building (garage) in
'ant yard area Location of-pro- . ........... ..~.~_..~. ..... 19../,~..~.
erty: Lot Nos. 184 & 185, Map of lay of
lassau Point No. 156, N/S Broad- // . .~/ ~
,ater Road, Cu[chogue. . ....... .~.~....?..~..~....~7. i.(...c.:~.:i~......~.~./...~..~:;~.~.i.oy~. .....................
Zoning Ordinance, Article VI, insufficient sideyards. Location of
Section 100-60 C (3) (b) for property: S/S Fleetwood Road,
permission to erect sidewall sign. Cutchogue. New York, bounded
Location of property: Main Road on the north by Fleetwood Road;
& Bay Avenue. Mattituck, New east by A. Weiss & Ors; south by
York, bounded on the north by M. Dalton; west by M. Driver.
10:00 P.M. (E.S.T.) upon ap-
plication of Joseph Cherepowich
& Wife. Main Road, East Marion,
New York for a variance in accor-
dance with the Zoning Ordinance,
Article Ill, Section 100-30 and
Bulk Schedule for permission to
set off lot with insufficient area.
Location of property: Main Road
& Shipyard Lane, East Marion,
New York, bounded on the north
by Main Road (Rte. 25); east by
other land of applicant; south by
,I. Rhode; west by Shipyard Lane.
Any person desiring to be
heard on the above appeals
should appear at the time and
place above specified.
Dated: November 21, 197-1
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
IT- 11/28
Main Road: east by Bay Avenue;
south by E. & H. Wilsberg; west
by J. McCarthy.
8:30 P.M. (E.S.T.) upon ap-
plication of William Heins, Main
Road, Orient, New York for a
special exception in accordance
with the Zoning Ordinance.
Article IlL Section 100-30 B.I for
permission to convert existing
one family dwelling to two family
dwelling. Location of property:
S/S Oregon Road at Elijah's
Lane. Mattituck, bounded on the
north by Oregon Road: east by
Elijah's Lane; south by F. Deer-
koski; west by M. Sidor, Jr.
8:45 P.M. (E.S.T.) upon ap-
plication of James A. Davis,
Harbor Lights Drive, Southold,
New York for a special exception
in accordance with the Zoning
Ordinance, Article Vll, Section
100-70 B.4 for permission (a) to
operate a used car business, (b)
to erect sign. Location of pro-
perty: S/S Main Road, Green-
port, New York, bounded on the
north by Main Road (Rte. 25);
east by Robert Brown; south by
Robert Brown: west by A. Camp-
bell.
9:00 P.M. (E.S.T.) upon ap-
plication of Helmut Hass, North
Road, Peconic, New York for a
special exception in accordance
with the Zoning Ordinance,
Article ltl, Section 100-30 B. C1
for permission to. use existing
house as two family dwelling.
~ocation of property: S/S North
Road, Peconic, New York, bound-
ed on the north by Middle Road
(CR 27); east-Hingle & Suffolk
County; south by Long Island
Railroad; west by K. Case.
9:15 P.M. (E.S.T.) upon ap-
plication of Gloria & Edward J.
Sworn to before me this ....... day of
........ .......
LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE
NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Seuthold, Suffolk County, New
York, public hearings will be held
by the Zoning Board of Appeals of
the Town of Seuthold, at the Town
Office, Main Road, Seuthold,
New York, on Decembor 5, 1974
on the following appeals: ~
8:00 P.M. (E.S.T.) upon ap-
pllcaiion of Thomas A. Duffey,
T.A.D. Auto Sales, Main Road,
Cutcbegue, New York for a
special exception in accordance
with the Zoning Ordinance,
Article VII, Section 100-70 B.4 (a)
for perraission to conduct a used
car sales business, (b) to erect a
second sign. Location of
property: Main Road, Cut-
chc~ue, New York, bounded on
the north by Main Road; east by
Pequash Avenue; south by M.
Barteau; west by Fleet Estate.
8:15 P.M. (E.S.T.) upon ap~
plication of Walt Whitman
Federal Savings & Loan
Association, Main Road & Bay
Avenue, Mattituck, New York for
a special exception in accordance
with the Zoning Ordinance,
Article VI, Section 100-60 C (3)
(b) for permission to erect
sidewall sign. Location of
property: Main Road & Bay
Avenue, Mattituck, New York,
bounded on the north by Main
Road; east by Bay Avenue; south
by E. & H. Wilsberg; west by J.
McCarthy.
8:30 P.M. (E.S.T.) upon ap-
plicafion of William Heinz, Main
Road, Orient, New York for a
special exception in accordance
with the Zoning Ordinance,
Article III, Section 100-30 B.1 for
permission to convert existing
one family dwelling to two family
dwelling. Location of property: S-
S Oregon Road at Elijah's Lane,
Mattituck, bounded on the north
by Oregon Road; east by Elij~h's
Lane; south by F. Deerkoski;
west by M. Sider, Jr.
8:45 P.M. (E.S.T.) upon ap-
plication of James A. Davis,
Harbor Lights Drive, Southold,
New York for a special exception
in accc~lunce w~h ~e ~oulng
Ordinance, Article VH, Section
100-70 B.4 for permission (a) to
operate a used ear business, (b)
to erect sign. Location of
property: S-S Main Road,
Grcenport, New York, bounded
on the north by Main Road (Rte.
25); east by Robert Brown; south
by Robert Brown; west by A.
Campbell.
9:00 P.M. (E.S.T.) upon ap.
pllcotion of Helmut Haas, North
Road, Peconic, New York for a
special exception in accordance
with the Zoning Ordinance,
Article III, Section 100-30 B.C1 for
permission to use existing house
as two family dwelling. Location
of propeztT: S-S North Road,
Peconic, New York, bounded on
the north by Middie Road (CR
27); east-Hingle & Suffolk
Cousty; south by Long Island
Railroad; west by K. Case.
9:15 P.M. (E.~.T.) upon ap.
pllcation of Gloria & Edward J.
Praetz, 53750 North Road,
Seuthold, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-34 and Bulk Schedule
for permission to construct ad-
dition to dwelling with reduced
setback. Location of property:
North Road (CR ~7) and Beverly
Road, Southold, New York,
botmded on the north by North
Road (CR 27); east by D. Brady;
south by R.O.W. Meissnest; west
by Private Road--Beverly Road.
9:30 P.M. (E.S.T.) upon ap-
plication of George Ahlers
Builder, Inc., 250 COx Lane,
Cutchogue, New York a-c A. & R.
Usatch, Nassau Pt. for a
variance in ~ecordance with the
Zoning O~ nco, ArUcle III,
Section 100-3o C. and Article III,
Section 100-32 for permission to
locate accessory building
(garage) in front yard area.
Location of property: Lot Nos.
184 & 185,,' '~ of Nassau Point
No. 156, N Jroadwater Road,
Cutchogue.
9:45 P.M. (E.S.T.) upon ap.
pUcaiiou of James O. and Joan A.
Maxwell, 51 Village Lane,
Hanppange, New York for a
variance in accordance with the
Zoning Ordinance, Article HI,
Section 100-30 and Bulk Schedule
for permission to construct
dwelling with insufficient
sideyards. Location of property:
S-S Fleetwood Road, Cutchogue,
New York, bounded on the north
by Fleetwood Road; east by A.
Weiss &Ors; south by M. Dalton;
west by M. Driver.
10:00 P.M. (E.S.T.) upon ap-
plication of Joseph Cherepewich
& Wife, Main Road, East Marion,
New York for a variance in ac-
cordance with the Zoning Or-
dinanco, Article HI, Section 100-
30 and Bulk Schedule for per-
mission to set off lot with in-
sufficient area. Location of
property: Main Road & Shipyard
Lane, East Marion, New York,
bounded on the north by Main
Road (Rte 25); east by other land
of applicant; south by J. Rhode;
west by Shipyard Lane.
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: November 21, 1974
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
COUNTY OF SUFFOLR,
STATE OF NEW YORK, ~ ss:
Stua]:'~ C, Dorman being duly Sworn,
says that ..... he .. is Printer and Publisher of ~he SUFFOLK
WEEKLY TIMES, a newspaper pubtlshed ~r~ Greenport, in said
county; and ~hat the notice, of which the annexed is a printed
copy, has been published in the s~id Suffolk Weekly/ Times
once in e(~ch week, ~or . .on..e..(]:.) .................. weeks
successively commencing on the . .2..7.t.h. ...................
Noveti~.~ ~,o 7~.
day Of ...... ,; ~ ........ ~ ....
Sworn to before me this . ._:...
........................
, /<,,. ,a~¢y P[JSLiC OF NEW YORK
PLEASE ADD ~ LF~AL ~OTIC~ DATED OCTOBER 3i, 1974 FOR P~ICATION
S~50 P.~. (E.D.S.T.) upon appliaa%ion of Craig A.
a/~ ~ickalas Casamisina~ 10 Is!~ Vi~, Gre~, N~ York
to ~s~c~ a~i%i~ %o ~isting dwe~ing resulting
i~ s~e y~. ~ti~ of p~perty= 10 Isled V~W
~eenport~ NeW ~ork~ ~ded on ~e ~r~h by G. Zel~s~
~)TICE OF HEARINGS
;tt t~suant to Section 267 of the
· fg-h Law and the provisions of
~lgAmended Building Zone Or-
nance of the Town of Southold,
~°ruffolk County, New York, public
2~earings wi]] be held by the
,.'Zoning Board of Appeals. Of the
Town of Southold, at the Town
office, Main Road, Southold,
"New York, on November 14, 1974.
on the following appeals:
7:30 P.M. (E.D.S.T.) upon
application of Harvey Bagshaw,
Deep Hole Drive, Mattituck, New
York for a variance in accordance
with the Zoning Ordinance,
Article VII, Section 100~70 B (4)
and Bulk Schedule for permission
to construct Body Shop on pro-
perry with insufficient side line.
Location of property: N/S Main
Road, Laurel (Dist. 11), New
York, bounded on the north by J.
O'Connell; east by A. Goodale;
south by Main Road; west by J.
O'Connell.
7:45 P.M. (E.D.S~T.) - upon
application of~ Thomas A. Duffey,
T.A~D~ Auto Sales, Main Road,
Cutchogue, New York for a
special exception in accordance
with the Zoning Ordinance,
Article VII, Section 100-70 B.4 for
permission to conduct a used car
sales business, and a special
exception to erect a second sign;
Location of property: Main Road~
Cutchogue, New York, bounded
on the north b~ Main Road; on the
east by Marratooka Lane; on the
south by J. Brooks & R. P01be-
taus; on the west by Sunset
Avenue. D~
7:SS P.M. (E.
application of Steven Born, Lee-
ward Drive, Southold, New York
for a variance in accordance with
the Zoning Ordinance, Article Ill,
Section 100-34 and 100-3S for
permission to install decorative
entrance wall with lightinR in
front yard area of lots on new
Private Road. Location of pro-
perty: Oregon View Estates,
Cutchogue, New York, bounded
on the north by lands of applicant;
east by lands of applicant; south
by Middle Road (CR 27); ~west by
land of applicant.
8:10 P.M. (E.D.S.T.) upon
application of Robert L. I~yatt a/c
Joseph Cornacchia, Skunk Lane
(Bay Avenue), Cutchogue, New
York for a variance in accordance
with the Zouing Ordinance,
Article Ill, Section 100-30 C (3) &
100-32 C for permission to con-
struct -~cessory building (private
gara& ~ front yard area. Loca-
tio~ of property: N/S Skunk Lane
(Bay Avenue) at Peconic Bay,
Cutchogue, New York, bounded
on the north by Joseph Corn-
acchia, Jr.; east by Peconic Bay;
south by Skunk Lane (Bay Ave.);
west by Joseph Cornacchia, Jr.
8:25 P.M. (E.D.S.T.) upon
application of Walter G. Kapp,
Esq. a/c Louise O. Day, 360 West
22nd St., New York City, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 & Bulk Schedule
for permission to set off lot and
buildings with insufficient area
OF SUFFOLK
NEW YORK ss:
and width. Location of property:
W/S Peconic Lane - N/S Long
Island Railroad, Peconic, New
York, bounded on the north by ely, commencing on the .......................................
other land of applicant; east by
Peconic Lane; south by A. Blas ........... ~. <~...~??..~.~i~ ...........IV.
chak & Long Island Railroad;
west by other land of applicant.
8:40 P.M. (E.D.S.T.) upon
application of Cynthia Kaminsky,
Woodcliff Drive, RFD 1, Box 153,
Mattituck, New York for a
·ley Katz, being duly sworn, says that she is the
: THE LONG ISLAND TRAVELER - MATTITUCK
V~AN, a public newspaper printed at Southold,
[k County; and that the notice of which the
is o printed copy, has been published in said
:and Troveler-Mattituck Watchman once eoci~
.... :.~,....~ wee
Sworn to before me this .......... ~ ........day of
........... ~;:C..~.'...:..:......, 19.~.."~./~. ~.
variance with the Zoning Ordi-
nance, Article VII, Section 100-71
and Bulk Schedule for permission
to construct building on premises
with insufficient setbacks. Loca-
tion of property: Mill Road,
Mattituck, New York, bounded on
the north by Mill Road; east by
M. Phillips; south by M. Phillips;
west by Mattituck Creek (Inlet).
8:50 P.M. (E.D.S.T.) upon
application of Craig A. Richter
a/c Nickalas Casamisina, 10
IsIand View, Greenport. New
York for a variance in accordance
with the Zoning Ordinance,
Article III, Section 100-31 and
Bulk and Parking Schedule for
permission to construct addition
to existing dwelling resulting in
reduction in side yard. Location of
Property: 10 Island View Lane,
Greenport, New York, bounded
on the north'by-G~ Ze~le/fiSki; east
by creek (Fanning Point); south
by C. Krepp; west by R.O.W.
Ext. of Island View Lane.
Any person desiring to be
'heard on the above appeals
should appear at the time and
pIace above specified.
Dated: October 31, 1974
BY ORDER OF SOUTHOLD
TOWN BOARD OF APPEALS
1T-Il/7
November 7, 1974
i IPursuant to Section 267 Of the
~own Law and the provisions of
Ne Amended Building Zone
Irdinance of the Town of
.~outhold, Suffolk County, New
york, public hearings will be held
~y the Zoning Board of Appeals of
tthe Town of Southold, at the Town
r0flice, Main Road, Southold,
New York, on Nove~mber 14, 1974,
on the following appeals:
7:30 P.M. (E.D.S.T.) upon
application of Harvey Bagshaw,
Deep Hole Drive, Maitituck, New
York for a variance in ac-
cordance with the Zoning Or-
dinance, Article VH, Section 100-
7O B (4) and Bulk Schedule for
permission to construct Body
Shop on property with in-
sufficient side line. Location of
property: N-S Main Road, Laurel
(Dist. 11), New York, bounded on
the north by J. O'Connell; east by
A. Goedaie; south by Main Road;
west by J. O'Connell. ~
7:45 P.M. (E.D.S.T.) upon[
application of Thomas A. Duffey,~
T.A.D. Auto Sales, Main Road,
Cutchogue, New York for a
special exception in accordance
with the Zoning Ordinance,
Article VII, Section 100~70 B.4 for
permission to conduct a used ear
sales business, and a special
exception to erect a second sign.
Location of property: Main Road,
Cutchogue, New York, bounded
on the north by Main Road; on
the east by Marratooka Lane; on
the south by J. Brooks & R.
Polhemns; on the west by Sunset
Avenue. ~
7:55 P.M. (E
apolication of Steven Born,
Leeward Drive, Southold, New
York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
34 and 100-35 for permission to
install decorative entrance wall
with lighting in front yard area of
lots on new Private Road.
Location of property: Oregon
View Estates, Cutchogue, New
York, bounded on the north by
land of applicant; east by land of
applicant; s~uth by Middle Road
(CR 27); west by land of ap-
plicant.
8:10 P.M. (E.D.S.T.) upon
application of Robert L. Hyatt a-c
LEGAL NOTICE
Jeseph Cornacchla, Skank Lane
(Bay Avenue), Cutchogue, New
York for a variance in ac-
cordance with the Zonin~ Or-
dinance, Article HI, Section
30 C (3) and 100-32 C for per-
mission to construct accessory
building (private garage) in front
yard area. Location of property:
Nd Skunk Lane (Bay Avenue) at
Peconic Bay, Cutchogue, New
York, bounded on the north by
Joseph Cornacchia, Jr., east by
Peconic Bay; south by Skunk
Lane (Bay Ave.); west by Joseph
Cornacchia, Jr.
8:25 P.M. (E.D.S.T.) upon
application.of Waiter G. Kapp,
Esq. a-c Louise O. Day, ~ West
22nd Street, New York City, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 & Bulk Schedule
for permission to set off lot and
buildings with insufficient area
and width. Location of property:
W-S Peconic Lane -- N~ Long
Island Railroad, Peconic, New
York, bounded on the north by
other land of applicant; east by
Peconic Lane, south by A.
Blaschack & Long Island
Railroad; west by other land of
applicant.
8:40 P.M. (E.D.S.T.) upon
application of Cynthia Kaminsky,
Woodcliff Drive, RFD 1, Box 153,
Mattituck, New York for a
variance in accordance with the
Zoning Ordinance, Article VII,
Section 100-71 and Bulk Schedule
for permit-ion to construct
building c remises with in-
sufficient se~nacks. Location of
property: Mili Road, Mattitack,
New York, bounded on the north
by Mill P~d; east by M.
Phillips; '~ ~ by M. Phillips;
west by Mattituck Creek (Inlet).
8:50 P.M. (E.D.S.T.) upon
application of Craig A. Richter a-
c Nickains Casamisina, 10 Island
~View, Greenport, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
COUNTY OF SUFFOLK,
10 Island View Lane, Greenport,
New York, bounded on the north
by G. Zolenski; east by Creek
(Fanning Point); south by C.
Krepp; west by R.O.W. Ext. of
Island View Lane.
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: October 31, 1974
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
WEEKLY TIMES. a newspaper published ~t Greenport0 in said
county: and th;t the notice, of which the annexed is a printed
copy, has been published in the said Suffolk Weekly Times
once in ectch week, for ONE (].) weeks
successively commencing on the .... .7.~.h...(.s.e..v.e.n..t;.h.). .....
.........
S~orn to beto~e me this ...?: ~:;-... !
Resi:~ing in Su~lolk County
C~ks. No, 52-9366350
~y Commission Expires March 30, 19z,~ ~
Section 100-31 and Bulk and ~ SS:
Parking Schedule for permission ~TATE OF NEW YORK. j
to construct addition to existing
dwelling resulting in reduction in S t?,.~l.:E't. C. L~OX"3~l.n
side yard. Location of property: ...................................... being duly Sworn,
says that. ...... he is Printer and Publisher of the SUFFOLK
TOWN OF SOUTHOLD, NEW YORK
APpT~ICATION FOR SPECIAL EXCEPTION
APPLICATION NO,
TO THE ZONING BOAI~D OF ~PPEAL~, ~OUTHOLD, N. Y.
Name Street and Number
Municipality Sta~e
hereby apply ~o TPiE ZONING BOARD OF ~PEAJ4~ for a SPECI~ff~ EXCEPTION ~ ac~rdance ~ith ~e
ZO~G ORDIN~CE ~TIC~ SEC~ON
S~S~ION
THE SPECIAL EJ~CEPTION IS REQUESTED BECAUSE
A. Special Exception to conduct a used car sales business. This
business is to be .conducted at the location'of a former gasoline
service station operation now discontinuing. Another unrelated
business (Glazier) will be conducted on the same premises.
Premises a~e ideally suited for a used car sales business fronting
a two access roads, i.e., Main Road and Fleets Neck Road.
Bo Special Exception to erect a second sign. In addition to the
existing former gasoline service station sign, New York State
Department of Motor Vehicles require applicant to erect a separate
sign for the used cs~ sales business. This will be a 2' x 4~
non-ill~mlinated sign attached to the existing building.
FORI~I ZB2
Southold Town Board of Appeals -8- December 19, 1974
PUBLIC HEARING: Appeal No. 1983 - 8:45 P.M. (E.S.T.)
upon application of Thomas A. Duffey, President, T.A.D.
Auto Sales, Main Road, Cutchogue, New York for a variance
in accordance with the Zoning Ordinance, Article Vii,
Section 170 B, subsection (4), Subsection (f) for per-
mission to use pre-existing business property surrounded
by residential area. Location of property: Main Road,
Cutchogue, New York, bounded on the north by Main Road;
east by Pequash Avenue; south by M. Barteau; west by
Fleet Estate. Fee paid $15.00.
The Chairman opened the hearing by reading the
application for a variance, legal notice of hearing,
affidavits attesting to its publication in the official
newspapers, and notice to the applicant.
THE CHAIRMAN: The application is accompanied by an
affidavit signed by Edward W. Fox, as follows:
"I, Edward W. Fox, state that I did conduct an
authorized used car dealership from the premises
located at the southwest corner of Pequash Avenue
and Main Road, Cutchogue, New York, 11935, for
several years during my operation of garage, gas
station, and fuel oil business."
Dated: December 6, 1974 /s/ Edward W. Fox
The accompanying survey indicates the portion of the
property that is being leased; the bulk of it is being
leased to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. THOMAS A. DUFFEY: I feel that all my business
will be conducted locally, I will be giving employment
to people in the town of Cutchogue. I have already cleaned
it up and cut down the brambles. I hired local people to
do that. All the drums of oil and everything else were
taken out. That's the way I propose to keep it. I am a
General Motors man, I know my business. The cars will be
placed so you can open both doors of the cars. I may have
12 cars.. I would very much like to have this location if
I may.
THE CHAIRMAN: This is an application to conduct this
~ype of business within 300 feet of a residential zone.
/
So~thold Town Board of Appeals -9- December 19, 1974
THE CHAIRMAN: Is there anyone present who wishes
to speak against this application?
MR. JOHN MINERVA: I am a resident of Cutchogue, and
President of Fleets Neck Property Owners Association-
was aware of the fact that Mr. Fox had a gas station. I
don't think he had used cars. He sold cars as they came
in. I don't think it was primarily a used car lot. It
is not 300 feet away from a residential area.
THE CHAIR/~N: That'S the reason for this application.
He, Mr. Duffey, had an application in for this type of use,
a special exception, which is really a required exception
as far as this Board is concerned if the applicant meets
the criteria in a "B-l" zone for 500' or 600' to the next
garage. There are two applications here. One is Mr. ,
Duffey's application to conduct this use and the other
this one, is to conduct use within 300 feet of a residential
zone.
MR. MINERVA: I don't think it would enhance the
neighborhood. It'S all open land. We w~ll.~ave a place
like Valley Stream. I feel it's the beglnnl g of what
happened'there. I don't feel this area calls for this
type of business.
THE CHAIRMAN: He proposes to limit the number of cars.
MR. ROBERT BERGEN: I think he asked for 12 or 15' cars.
THE CHAIRMAN: Mr. Duffey doesn't plan to do anything
but handle 12 used cars. The property was used for this
purpose before. He is not going to sell gas and there will
be no repairs done on the property~ It will not be like
other used car lots that are in existence.
THE CHAIRMAN: Does anyone else wish to speak against
this application?
MR. ROBERT VANDERBECK: I am a Director of the Fleets
Neck Property Owners Association. I lived in Nassau
County for many years. I have seen that used car lots do
not enhance any area. I think it would be unsightly.
I have not heard anything about strings of lights.
MR. DUFFEY: There will not be any strings of lights.
MR. VANDERBECK: I am a resident of Cutchogue and
have lived here for three years but have been coming out
to Cutchogue for 40 years. I like Cutchogue, I think it
is beautiful. When you come from the west to the east
it is quaint and to come upon a used car lot, it strikes
me, it is no enhancement of the area.
Southold Town Board of Appeals -10-
December 19, 1974
THE CHAIRMAN: This is a "B-i" zone. It extends down .
Pequash Avenue to the next garage.
DR. ROSENFELD: I live in what was once Dr. Howard's
house. Does that land have access to the Main) Road?
When the gas station was there before they had U-Haul trucks and
access to the Main Road.
THE CHAIRMAN: One of our conditions will be that this
business ahould be conducted at least 35 feet from any property
line. The building looks as if it is 25 feet from the street.
This is the second abandoned gas station that Mr. Duffey has
applied for. He does not want to sell gas. It was his suggestion
that any business would be conducted 35 feet from the front prop-
erty line which means that cars would be placed 35 feet from any
property line whether it is on Main Road or Pequash Avenue.
DR. ROSENFELD: I am not in favor of this. _ I have been
coming here since the end of the first World War. When we
came here my wife, who is an artist, thought she would start
a little gallery and we were told we could not. This seems to
me to be an opening wedge.
THE CHAIRMAN: Zoning followed old business uses.
THE CHAIRMAN: Are there any other questions? If not, I
will offer a resolution granting this application.
After investigation and inspection the Board finds that
applicant requests permission to use pre-existing business
property surrounded by residential area on Main Road, Cutchogue,
New York. The findings of the Board are that the use which
applicant proposes has been a pre-existing use for many years
at this location which is situated less than 300 feet from a
residential area. The Board feels that to prohibit this limited
use of property would, to some extent, deprive the owner of
use of this "B-l" zoned property.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance will not change
the character of the neighborhood, and will observe the spirit
of the Ordinance.
Southold Town Board of Appeals -11-
December 19, 1974
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Thomas A. Duffey, President, T.A.D. Auto Sales,
Inc., Main Road, Cutchogue, New York be GRANTED permission to
use pre-existing business property surrounded by residential
area on Main Road, Cutchogue, New York, as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
Decision of the Board on Appeal No. 1964, Thomas A. Duffey,
President, T.A.D. Auto Sales, Main Road, Cutchogue, New York
was postponed on December 5, 1974 to December 19, 1974.
THE CHAIRMAN: This appeal was for a special exception.
The type of business you are condUcting has to be permitted
by special exception. I have since learned that the zone extends
for considerably more than 400 feet. (The Chairman read from
the minutes of December 5th). "The type of business you are
conducting has to be permitted by special exception. The
particular type you are conducting "used car business" along
with garages can not be conducted within 300 feet of a
residential area, and I believe this is zoned 175 feet deep.
I don't believe the zone extends 500 feet or 400 feet."
I think the Ordinance is unduly restrictive because there
is no place you can find "B-l" zone that is not within 300 feet
of a residential area. A more or less arbitrary figure was
set up. This ordinance has since been revised without giving
~due consideration to the fact that this would limit business
zones.
After investigation and inspection the Board finds that
applicant requests permission to (a) conduct a used car sales
business, (b) to erect a second sign on premises located on
Main Road, Cutchogue, New York. The findings of the Board
are that applicant has submitted a revised sketch as requested
by the Board on December 5th, and has applied for a variance
concerning the stipulation of the Ordinance "300 feet from
a residential area". The Board finds that this is a pre-
existing use and agrees with the reasoning of the applicant
subject to restrictions.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or
permitted use of neighborhood property and adjoining use
districts will not be permanently or substantially injured
and the spirit of the Ordinance will be observed.
Southold Town Board of Appeals -12- December 19, 1974
On motion by Mr. Giilispie, seconded by Mr. Bergen,
it was
RESOLVED, Thomas A. Duffey, President, T.A.D. Auto
Sales,' Inc., Main Road, Cutchogue, New York be GRANTED
permission to (a) conduct a used car sales business and
(b) to erect a second sign, on premises located at Main
Road, Cutchogue, New York, as applied for, subject to
the following restrictions:
1. That applicant shall, at no time, have more
than fifteen (15) cars for sale on the subject
premises.
2. That no cars shall be displayed within thirty-
five (35') feet of Main Road.
That no wrecks shall be stored on the premises.
That no repairs, other than minor ones, shall
be conducted on the premises.
That applicant shall maintain a green hedge on
the westerly boundary of the property to buffer
the residential zone.
That no further business may be established on
these premises other than the existing one of
the glazier and the used car business of the
applicant.
The second sign which has been granted is a
2~ x 4'~luminated sign, attached to the
building, as required by New York State Depart-
ment of Motor Vehicles.
Vote of the Board:
Grigonis, Hulse, Doyen.
Ayes:- Messrs: Gillispie, Bergen,
PUBLIC HEARING: Appeal No. 1984 - 9:00 P.M. (E.S.T.)
upon application of Bouton Services, Inc., Crescent & Fox
Avenue, Fishers Island, New York, for a variance in
accordance with the Zoning ordinance, Article VII, Section
100-70 and Bulk Schedule for permission to divide lot with
· existing buildings. Location of property: Crescent Avenue,
Fishers Island, New York, bounded on the nother by Figall;
east by Zabahonski; south by Crescent Avenue; west by P. &
S..Edwards. Fee paid $15.00.
0 0
TOWN CLERK 76S-3783
Building Dept 1
Planning Bd. 765-2660
Board of Appeals
Town Of Southold
TOWN CLERK'S OFFICE
Main Road
So~hold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 23%1
............................................. of the town of Southold, N. Y. hereby refers the following
and m, the (agency inv~J~ Of Apl~eels SOut~iold, BI. Y.
proposed zoning action to the Suffolk County Planning Commission:
(check one)
New and recodlfied zoning ordinance
.......... ,~mendment to the zoning ordinance
............ Zoning changes
........... Special permits
........... Variances
Article VIZ, Seotion 100-70 B.4-
Location of affected land: .......................................................................................................................
within 500 feet of: (check one]l~e~O~,~ Chltchogue, New York, bounded on north by
Hain Road; east by Poquash Ave,; south by
............ Town or village boundary lifts Mo Barteau; west by Fleet Estate.
............ State or county road, parkway or expressway
............ State or county .park or recreation area
.......... Stream or drainage channel owned by the county or for whi.ch the county hes established channel
lines
............ State or county owned iparcel on which a public building is situated
Commen~:
The Board f~nds th£s ks a pre-ex~sting use in a "B-Z' d~str~ot,
and agrees with the reasoning of the applicant subJeot to conditionsz
(1) A~plicant shall have no,lore then 15 oars for sale on the s~bJect
pre,lees (2) No oars shall he displeye~ within 35 feet of Main Road.
(3) NO wreoks shell be storo~ on premises. (4) No repairs, othe~ th~n
n~Lnor ones, sbell be oonductod on premises.5(Applioant shall ~ntaln e
~&nh~g~"~n"W%~t~ly"boundary as a buffer to residential use. (6) No
January 2, 1975 further business may be established on premises.
(signed) Robert W. Gillispie, Jr.
~rman, Southold Town Board of Appeals
Date received by Suffolk County Planning Commission ............................................................
File No ....................
t~
Suffolk County 9epartment of Plannfn?-
Veteraus TIe~ortal Fi~hway
Hauppauge, }~': York 11787
January 10, 1975
Town of Southotd
Board of Appeals
Pe~itioner:. Thomas A, Diffey
*{un, File No,: #1964.
SD-75-1
S,C.P,D, File ~ '
Pursuant to the requirements of Sections 1323.to 1332 of the Suffolk
Couuty.~arter, the shove captioned application which has been
~erred to the Suffolk County Planning Coranission is'considered to
be a matter for local determination, The decisi°n of local deter-
mination should not be construed as either an approval or a disapproval,
Co~ents: Subject to co~lia~ce with the six conditions setforth ..- ·
by the Board of Appeals,
Respectfully yourS,
Lee ~, ~0ppelman
Director of Plannin~
PIKE, HILL, B£HRINGER AND HURLEY
ATTOI~N['YII AND ¢OUN$1[I-i-ORB AT ~.AW
130 OSTRANDER AVENUE
OFFICE
POST OFFICE BOX
WESTHA~PTON BEA~H~ N, Y.
October 25, 1974
Mr. Howard Terry
Building Inspector
Town of Southold
Main Road
Southold, New York
Re: Application of
T.A.D. Auto Salest Inc.
Dear Mr. Terry:
We have enclosed duplicate application for Special
Exception Use in the B-1 Zone on Main Road, Cutchogue.
You will recall this same applicant was granted a
similar Special Exception for the same use in Mattttuck.
However, since the approval of that application, he has
had to abandon his plans for Mattituck and transfer them
to this location in Cutchogue.
Thank you for your assistance in this matter.
Very truly yours,
TEB/k
eric
CED
IA, AP or- r:,~nr~zr~v
L UTL L,I. OL. tU L--.-
OR ADDITIC
IS A VIOLATION OF
OF THE NEW YORK STATE