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TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. /' ~' ,~ O
Name of Appellant Street and Number
East Marion .~..e...w....',Y..o.,r..~ ......... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ' DATED ....
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
........ ......................;._ ' ........................
Street and Number Municipality State
) PERMIT TO USE
) PERMIT FOR OCCUPANCY /~ ,/'7
I. LOCATION OF THE PROPERTY ........ .G~,~..c],%~X~.r..s...~,.a.~'.~..~...~/.'...~...~.f.Z.~f..._~....~. .....................
Street Use District on Zoning Map
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of t~he Zoning Ordinance by number. Do not quote the Ordi,nance.)
A zoo-sz
;3. TYPE OF APPEAL Appeal is made herewith for
(×) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to-lack- of access (.State of. New York Town Low Chop. 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (~) (has not) been made with respect to this decision
af the Building inspector or with respect to this property.
:Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Doted ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(~) A Variance to the Zoning Ordinance
( )
is requested for the reason that
l~orm ZB1
(Continue on other side)
REASON FOR APPEAL
Continu~
1. STRICT APPLICATION OF THE ORDINANCE would pr~uce practica~difficu[ti~ orunn~es-
sa~ HARDSHIP b~au~ applicant would be unable to divide and sell the
cottages on his property because he cannot meet the bulk requirements
of the present zoning ordinance. The present structures were built
prior to-zoning.
2. The ha~shiDcreatedis UNIQUE andisnotshamd by ali prope~ies alike in the immediate
vicini~ ofthisprapertyand in this use district bemuse the premises are in an
zone and is used as a motel. There is no other mote~ in the
surrounding area.
3. The Variance would obse~e the spirit ofthe Ordinance and WOULD NOT CHANGE THE
CHARACTER oF THE DISTRICT because the structure already exists. There
will be no increase in the density of the area. There would only
be a change of ownership.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
ss
-/~ ~ / Sianature
R~olph ~. Bru~r, Attorney
Sworn to this ........3...O..t..h.. ............................ day of ............. .M...a..y. .................................... 19 74
FORM~ NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S O'FFICE
SOUTHOLD~ N. Y.
NOTICE OF DISAPPROVAL
T~,~,.....C..~,~.~ ..~...~.~..~.=::~.-. i: .Cr:~. :.~:.~ .............
....~/.....£.~.~...~m=~?.=:.:~..~... .............................
PLEASE TAKE NOTICE thQt your application doted .................................................... , 19 ........
for permit t ~""~'~ ]~'~' ~./~c'~?-~, d~mg~-
o ~~ .............. ~ ......... ~..: ......... at ~he grem~ses located at ......................... , ..........
..,~:.(~:,~;~...~..;~ .............................. Street
Map ........... ~ .....................Block ...... ~ ................................... Lot ......~ ....................................... is
-_ - -'~ ,, d disapproved on the ~ollowing grounds ....... ~....~m~,~.?¢...~.~..'~ .....
....... ......... .............
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 June 13, 1974 on
the following appeals:
7:40 P.M. (E.D.S.T.) upon application of George-Ahters
Builder~ Inc. , 250 Cox Lane, Cutcho~ue, a/c Anthony Princmpe,
132-70 Sanford Avenue, Flushing, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-34
and Bulk Schedule for permission 5o erect home with insufficient
sideyards. Location of property: Lot No. 20, Harbor Lichts
Estates f corner Brigantine Drive & Harbor Lights Dr~ve,
Southold, New York.
7:55 P.M. (E.D.S.T.) upon application of M. A. Kelsey
Properties, !nc., Box 983, Southoid, New York for a variance in
accordance with the Zoning Ordinance, Article VI, Section 100-62
G, Article VII, Section 100-71 for permission to set off
business lot with insufficient area and insufficient offstreet
parking, etc. Location of property: Main Road and Love Lane,
Mattituck, bounded north by other land of applicant; east by Val
Stype; south by Main Road; west by Love Lane.
8:05 P.M.~.(E.D.S.T.) upon application of Adeiine Cardinale,
c/o Cardinal C~'L~nity Service Corp., 1884 Deer Park Avenue,
Deer Park, New ~ork, for a variance in accordance with ~.he Zon~_ng
Ordinance, Article III, Section 100-30 A & Bulk Schedule fo~
permission to divide property ~ith two existing buildings with
insufficient area. Location of property: S/S Peconic Bay Blvd.,
"A" Distzict, Laurel, New York, bounded north by Peconic Bay Blvd.;
east by now or formerly G. Harvey Moore; south by Peconic Bay ;
......... we~bY now or formerly Adams -_~B~wn. ~
Legal Notices
pg. 2
8:15 P.M. (E.D.S.T.) upon application of Flora Luce, Skunk
Lane, Cutchogue, New York for a variance in accordance with
the Zoning Ordinance~ Article II!~ Section 100-30 and Bulk
Schedule, for permission to set off lot with less than 40,000
sq. ft. area . Location of property: N/S Pine Tree Road ~A'~
District, Cutchogue~ bounded north bv proposed road and other
land of applicant; east by existing right-of-way; south by
Pine Tree Road; west by Robert Krupski.
8:25 P.M. (E.D.S.T.) upon application of Barbara T. Starzee,
405 Y0ungs Avenue, Mattituck, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-35
for permission to erect fence over 4 feet in height on road
frontage. Location of property: N/S Young's Avenue, Mattituck,
bounded north by Mark Road~ east by R. Mazgutski; south by
Y0ung's Avenue; west by H. Fisher.
8:35 P.M. (E.D.S.T.) upon application of W. H. & P. C.
Leverich, Nassau Point Road, Cutchogue, New York, for a variance
in accordance with the zoning Ordinance, Article III, Section
100-35 A, B, C, for permission to erecm tennis court fencin~
of over 4 feet in height in front yard area. Location of
property: Lot 91, Nassau Point Properties, Nassau Point Road,
Cutchogue, New York.
8:45 P.M. (E.D.S.T.) upon application of Peconic Trading
Post, Box 199, Main Road~ Peconic~ New York~ for a special
exception in accordance with the Zoning Ordinance, Article Vi,
Section 100-60 C for permission to erect roof sign on side cf
building. Location of property: N/S Main Road, Peconic, New
York, bounded north by I. Newman & others; east by G. Berkoski;
south by Main Road; west by L. Gozeleski.
L~gal Notice
pg ~
5/ 9:00 P.M. (E.D.SoT.) upon application of James P. Kavanagh,
Main Road, East Marion, New York, for a variance in accordance
with the Zoning Ordinance~ Article V, Section 100-51 for
~ermission to set off existim_g motel units as separate dwellings
and lots. Location of property: N/S Gardiner's Bay, East Marion,
New York, bounded north by Dawn Estates Shopping Center and R.
and Zo Kaplan; east by Dawn Estates Shopping Center; south by
Gardiner's Bay; west by Dawn Estates Shopping Center.
9:15 P.M. (E.D~S.T.) upon application of Southoid Yacht
Club, North Parish Drive, Southold, New York for a variance
in accordance with the Zoning Ordinance~ Article IIi~ Section
100-35 for permission to erect fence over 4 feet in height in
front yard area. Location of property: N/S North Parish Drive,
Southold, bounded north by Peconic (Southold Harbor) Bay; east
by M. Croasdale; south by North Parish Drive; west by Town of
Southo!d.
Any person desiring to be heard on the above Appeals
should appear at the time and place above specified.
Dated: May 30, 1974
BY ORDER OF THE SOUTHOLD TOP~
BOARD OF APPEALS
PLEASE PUBLISH ONCE, June 6, 1974,. AND FORWARD NINE (9.)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOBrN BOARD OF APPEALS~
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies sent to the following on May 30, 1974:.
The Suffolk Weekly Times
Long Island Traveler-Mattituck Watchman
Supervisor Albert M. Martocchia
George Ahlers a/c Anthony Principe
M. A. Kelsey Properties, Inc.
Adeline Cardinale
Rudolph Bruer a/c James P. Kavanagh
George Penney a/c Flora Luce
Barbara T. Starzee
W. Ho & P. C. Leverich
Peconic Trading Post
Rudolph Bruer a/c Southold
Yacht Club
NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law end 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 June 13, 1974 on the
following appeals:
7:40 P.M. (E.D.S.T.) upon
application 6f George Ahlers
Builder, Inc., 250 Cox Lane,
Cutchogue, a-c Anthony Principe,
132-70 Sanford Aveaue, Flushing;
New York for a variance in ac-
eordenee with the Zoning Or-
dinance, Article HI; Sect/on 100-
34 and Bulk Schedule for. per-
mi~ien to erect bern,, ~ in- 1
sufficient sidereal. Loeaff~ of[
proverty: Lot No. 20, Harbor
!
~e Drive ~/~J'l~ L~Ma
Drive, ~outheld~New York
?:35 P.M. ~DX~J~J, ~:upea
application o! M,A/ Kelsey
Properties, Inc, Box 985,
$outhold, New ¥o~1/ for a
Zoning Ordinenee~ Article VI,
Section 100-~ G, Ar'dele VII,
Section 100-71 for permission to
sot off business lot with In-
suffiuleat area end insufficient
offstce~ parking; etc. Loeat/on of
property: Main Head and Love
Lane, Mattituek, bounded north
by other land of applinant; east
by VUl St~pe; south by Main
Road;~west by Love Lane:
8:05 P.M. (E.D.S.T.), upon
application of Adaline Cardimfle,
e-o Ca/dinul Community Service
Corp., 1884 Deer Park Avenue,
Deer Park, New York, for a
var/en~e in aeeerdanea with the
Zonin~ Ordinenea, Artiele III,
Section 100-~0 A & Bulk Schedule
for permission to divide property
with two existing buildings with
insufficient area. Location of
property: S-S Peeonie Bay Blvd.,
"A" District, Laurel, New York,
bounded north by Peeeaie Bay
Blvd.; east by now or formerly G.
Harvey Moore; south by Peeoule
Bay; west by now or formerly
Adams - Brown.
8:15 P.M. (E.D.S.T.), upon
application of Flora Lane, Skunk
Lane, Cutchogue, New York for a
varianea in aeeardanea with the
proposed road and other land of
applicant; east by existing right-
of-way; south by Pine Tree
Road; west by Robert Krupski.
8:25 P.M. (E.D.S.T.), upon
application of Barbara T.
Starzee, 405 Ymmgs Avenue,
Mattituck, New York, for a
varienea in accordance with the
Zoning Ordinance, Article III,
Section 100-35 for permission to
erect fence over 4 feat in height
on road frontage. Location of
property: N-S Young's Avenue,
Mattituck, beanded north by
Mark Road; east by R.
Margulski; south by Young's
Avenue; west by H. Fisher~
8:35 P.M. (E.D.S.T.), upon
application of W.H. and P.C.
Leverich, Nassau Point Road,
Cutchogue, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Sectian 100-35 A, B, C, for per:
mission to erect tennis court
fencing of over 4 feet in height in
front yard area. Lacation of
property: Lot 91, Nassau Point
Properties, Nassau Point Road,
Cutchogue, New York.
8:45 P.M. (E.D.S.T.), upon
application of Pecoulc Trading
Post, Box 199, Main RQad,
Peconic, New York, for ~-soecial
exception in accordance, the
Zoning Ordinance, Artic._ VI,
Section 100-60 C for permission to
erect roof sign on side of building.
Location of property: N,
Road, Peconic, New~ork,
bounded north by I. Newman and
others; east by G. Berkoski;
south by Main Rea~d; west b,v
Gozeleski.
!
9:00 P.M. (E.D.S.T.), upon!
application of James P.
Kavanagh, Main Road, East
Marion, New York, for a
varience in accordance with the
Zoning Ordinance, Article V,
Section 100-51 for permission to
sot off existing motel enits as
separate dwellings and lots.
Location of property: N-S Gar-
diner's Bay, East Marian, New
York, bounded north by Dawn
Estates Shopping Center and R.
and Z. Kaplen; east by Dawn
Estates Shopping Center; south
by Gardiner's Bay; west by
Dawn Estates Shopping Center.
9:15 P.M. (E.D.S.T.), upon
application of Senthold Yacht
Club, North Parish Drive,
Southold, New York for a
variance in accordance with the
Zoning Ordinance, Article HI,
Section 100-35 for permission to
erect fence over 4 feet in height in
front yard area. Location of
property: N-S North Parish
Drive, Southeld, bounded north
by Peeonic (Soutbold Harbor)
Bay; east by M. Croasdale; south
by North Parish Drive; west by
Town of Sou~hold. ~
Any person desiring to be heard
en the above Appeals should
appear at the time and place
above specified.
Dated: May 30, 1974
' BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
~OUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
J
Stuart C. Dorman
............................. :.: ..... being duly Sworn
lays that . .h..e.... is.P~inter and Publisher of the SUFFOL~-
VEEKLY TIMES, a n~wsPaper published ut Oreenpozt, in sat,
:ounty~ and that ih~' ~0tic~, of which the am~exed is u printe,
:opy. has been published in the s~d Suffolk Weekly Time
race in each week, ter .......... .O.b.e...(.]: / ........ week
mccessiv~ly ~ommencing on l~he ........... .~.~..h ..........
day of ...~:..~.~~-~19.7.~..
Sworn to befer~me this . .~.~h .....
I // ~ Resi?ln~ n Su~T, olk COUnty
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, South-
old, New York, on June 13, 1974
on the following appeals:
7:40 P.M. (E.D.S.T.) upon
application of George Ahlers
Builder, Inc., 250 Cox Lane,
Cutchogue, a/c Anthony Prin-
cipe, 132-70 Sanford Avenue,
Flushing, New York for a variance
in accordance with the Zoning
Ordinance, Article Ill, Section
100-34 and Bulk Schedule for
permission to erect home with
insufficient sideyards. Location of
property: Lot No. 20, Harbor
Lights Estates. corner Brigantine
Drive and Harbor Lights Drive,
Southold, New York
7:55 P.M. (E.D.S.T.) upon
application of M. A. Kelsey
Properties, Inc., Box 983, South-
old, New York for a variance in
accordance with the Zoning
Ordinance, Article VI, Section
100-62 G, Article VIL Section
100-71 for permission to set off
business lot with insufficient area
and insufficient offstreet parking,
etc. Location of property: Main
8:25 P.M. (E.D.S.T.) upon
application 'Rarbara T. Starzee,
40.5 Young .venue, Matfituck,
New York, for a variance in CO[JNTY OF
accordance with the Zoning ss:
Ordinance Article III, Section STATE OF NEW YORK
10ff-35 for permission to erect
fence over 4 feet in height on road
frontage. Location of property:
N/S Young's Avenue, Mattituck, C. Whitney Booth, Jr., being duly sworn, says
bounded north by Mark Road;
east by R. Mazgulski; south by that he is the Editor, of THE LON(~ ISLAND
Young's Avenue; west by H. TRAVELER - MA'I-FITUCK WATCHMAN, a public news-
Fisher.
8:35 P.M. (E.D.S.T.) upon paper printed at Southold, in Suffolk County; and that
application of W. H. & P. C. the notice of which the annexed is a printed copy, has been
Leverich, Nassau Point Road,
Cutchogue, New York, for a published in said Long Island Traveler-Mattituck Watch-
variance in accordance with the
Zoning Ordinance, Article 11I, man once each week for ..&..,,;,c,~2~'.¢ .......... : ...........week~
Section 100-35 A, B, C, for
permission to erect tennis court successively, commencinfl on the ................. ~;. ....................
fencing of over 4 feet in height in
front yard area. Location of day
property: Lot 91, Nassau Point of ......):.~.~r..,.~_,.6.~.~.~d ....... , ]9.a ........
Properties, 'Nassau Point Road, ..... ~/......~/.....~.~.~.~.~...~
Cutchogue, New York.
8:45 P.M. (E.D.S.T.) upon .............. . .........
application of Peconic Trading
Post, Box 199, Main Road,
Peconic, New York, for a special
exception in accordance with the
Zoning Ordinance, Article VI,
Section 100-60 C for permission to
erect roof sign on side of building.
Location of property: N/S Main
Road, Peconie, New York,
bounded north by 1. Newman &
others; east by G. Berkoski; south
Road and Love Lane, Mattituck, by Main Road; west by L.
bounded north by other land of Gozeleski. ~
applicant; east by Val Stype; J 9:00 P.M. (E.D.S.T.) upon
south by Main Road; west by [application of James P. Kay-
Love Lane. ~ anagh, Main Road, East Marion,
8:05 P.M. (E.D.S.T.) uponINew York, for a variance in
application of Adeline Cardinale, ~ accordance with the Zoning
c/o Cardinal Community Service i Ordinance, Article V, Section
Corp., 1884 Deer Park Avenue, 100-Sl for permission to set off
Deer Park, New York, for a existing motel units as separate
variance in accordance with the dwellings and lots. Location of
Zoning Ordinance, Article II1,
Section 100-30 A & Bulk Schedule[
for permission to divide property[
with two existing buildings with}
insufficient area. Location o~
property: S/S Peconic Bay Blvd.~
"A" District, Laurel, New York]
bounded north by Peconic Ba~
Blvd.; east by now or formerly G. ~
Harvey Moore; south by Peconic
Bay; west by now or formerly
Adams-Brown.
8:1S P.M. (E.D.S.T.) upon
application of Flora Luce, Skunk
Lane, Cutchogue, New York for a
variance in accordance with the
Zoning Ordinance, Article 111,
Section 100-30 and Bulk
Schedule, for permission to
.set off lot with less than
40,000 sq. ft. area. Location
of property: N/S Pine Tree Road
"A" District, Cutehogue, bound-
ed north by proposed road and
other land of applicant; east by
existing right-of-way; south by
Pine Tree Road; west by Robert
Krupski.
property: N/S Gardiner's Bay,
East Marion, New York, bound-
ed north by Dawn Estates
Shopping Center and R. and Z.
Kaplan; east by Dawn Estates
Shopping, Center; south by
Gardiner s Bay; west by Dawn
Estates Shopping Center. ~
9:15 P.M. (E.D.S.T.) upon
application of Southold Yacht
Club, North Parish Drive, South-
old, New York for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-35 for permission to erect
fence over 4 feet in height in front
yard area. Location of property:
N/S North Parish Drive, South-
old, bounded north by Peconic
(Southold Harbor) Bay; east by
M. Croasdale; south by North
Parish Drive; west by Town of
Southold.
Any person desiring to be
heard on the above Appeals
should appear at the time and
place above specified.
DATED: May 30, 1974
BY ORDER OF THE
8OUTHOLD TOWN
BO RD OF APPEALS
IT, 6/6
Sworn to before me this ......... /.';'. ........... day of
Southold Town Board of Appeals -15- June 13, 1974
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.
On motion by Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED, Peconic Trading Post, Box 199, Main Road,
Peconic, New York, be GRANTED permission to erect roof
sign on side of building located on the west side of Main
Road, Peconic, New York, as applied for, subject to the
following conditions:
1. That applicant is permitted roof sign such as has
been erected in lieu of a ground sign.
2. That the sign shall be subject to all rules and
regulations governing signs in the Town of Southold.
That the sign shall be granted for a period of one
year, renewable annually upon written application
to the Board of Appeals.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
IC HEARING: Appeal No. 1920 - 9:00 P.M. (E.D.S.T.),
upon application of James P. Kavanagh, Main Road, East
Marion, New York, for a variance in accordance with the
Zoning Ordinance, Article V, Section 100-51 for permission
to set off existing motel units as separate dwellings and
lots. Location of property: N/$ Gardiner's Bay, East
Marion, New York, bounded north by Dawn Estates Shopping
Center and R. & Z. Kaplan; east by Dawn Estates Shopping
Center; south by Gardiner's Bay; west by Dawn Estates
Shopping Center. Fee paid $15.00.
The Chairman opened the hearing by reading the applica-
tion for a variance, legal notice of hearing, affidavits
attesting to its publication in the official newspapers,
and notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
Southold Town Board of Appeals
-16- June 13, 1974
RUDOLPH BRUER, ESQ: I am here to represent Mr.
Kavanagh.
THE CBAIRMAN: Is the full name of Dawn Estates -
Dawn Estates Shopping Center?
MR. JAMES P. KAVANAGH: They have a shopping center in
Centereach.
THE CP~IP~Iq: The application is accompanied by a sketch.
Preceding this application, on_Auqust 9t~ of last year, the
Board acted on this property, as follows:
- ' sti ation and inspection the Board finds that
After lnve g · -~ to convert existing mo~el
applicant request _P = ,,~] to permanent condomlnlU~ns
known as ~==~ ~ -~ of Main Road, Eas~ ~a~,.
located on the sou~n ~x~=
York. The findings of the Board are that applicant ~s the
owner of a parcel of land comprising 5.32 acres on which are
situated ten (10) buildings, each of which is a duplex,
comprising twenty (20) apartment units. The area is
zoned Multiple Residence, M-1. The units have one bedroom,
living room, kitchenette, and bathroom; and the applicant
proposes to sell the units to senior citizens on the basis
of restricted seasonal use. The land area would be common
land subject to control and maintenance of a properly
constituted Property Owners Association. The Board agrees
with the reasoning of the applicant.
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.
THEREFORE IT WAS RESOLVED, James P. Kavanagh, Main Road,
East Marion, New York, be GRAIqTED permission to convert
existing motel, known as Crescent Beach Motel, to permanent
condominiums. Location of property: south side of Main
Road, East Marion, New York. Granted as applied for, subject
to the following conditions:
1. Subject to site Plan approval of the Planning Board,
including location of tennis courtS, new access
road, adequate parking under present ordinance, and
other common facilities.
2. Subject to setting off the residence of the applican~
on a 40,000 sq. ft. plot in such a way that the
bulk regulations of the ordinance will be met.
Southold Town Board of Appeals -17- June 13, 1974
3. There shall be no enlargement of the outside
dimensions of any of the twenty (20) proposed
condominium units.
4. Occupancy shall be seasonal, limited to the period
from April 1 to November 1.
5. All of the land area between the buildings shall be
common land subject to control and maintenance by
a properly constituted Property Owners Association.
6. Access shall be as set forth in the site plan as
approved by the Southold Town Planning Board."
THE CHAIRMAN: In talking to Mr.
you wanted to hold one building out.
are under application now?
Tasker, he thought
How many buildings
RUDOLPH BRUER, ESQ.: Twelve buildings plus a barn plus
a sundeck. There is a two story framed dwelling occupied
by Mr. Kavanagh. What happened in the prior application
was that there was a little building which was not counted.
THE CHAIRMAN: Were they always duplexes?
MR. KAVANAGH: Five of the duplexes have a door which
can be opened to make double units.
THE CHAIRPIAN: I have read the action of the Board as
of last year. What has happened since then with respect to
this application?
MR. BRUER: We have had a number of hearings with the
Planning Board. We did get sketch plan approval. In the
meantime we did an intensive investigation on condominiums.
These buildings were built in 1955. They are all of a
seasonal nature. The intent is to keep them seasonal. It
would be very difficult, if not impossible, to meet engineer-
ing standards with respect to condominiums.
THE CHAIRMAN: You mean the engineering standards of
the Attorney General's office.
MR. BRUER: Yes. We feel that in terms of time this
would be a better way to do it.
THE CHAIRMAN: How much time do you think it would take?
MR. BRUER: I have spoken to an.~xpert in the city and
it seems that under usual circumstances it would take six
months.
THE CHAIRMAN: What's unusual about this?
MR. BRUER: Engineering standards, conditions that must
be met.
Southold Town Board -of Appeals -18- June 13, 1974
THE CHAIRMAN: Do you mean as to layout?
MR. BRUER: I can't give you an accurate set of facts
as we never went that far to get preliminary engineering
approval from the State. We are aware that a similar
application has been made in the Town. We thought that
this would be a good way to approach it. The effect would
be to give eDch unit a small area of ground and a large
common area. Everyone must join the Association and main-
tain his own place. We thought this would be the best way.
THE CHAIRMAN: Do you want us to rescind the old action?
You have not sent any papers to Albany.
MR. BRUER: I would like to discuss the new plan with
you.
THE CHAIRMAN: I have discussed this with Mr. Tasker
and Mr. Wickham. We are all of the opinion that you would
have to enlarge one of these lots. There would be no place
to park your car without going on someone else's property.
Mr. Kavanagh explained to me that this has one water system
and it is turned off at one valve. This should be enlarged
to whatever is reasonable and feasible, and the amount of
land that you are going to need for common ownership is
much less than you have shown here. It would appear to me
that they would sell better.
MR. BRUER: One of the reasons he wanted it small was
control.
THE CHAIRMAN: The common ownership goes beyond Mr.
Kavanagh's life span.
MR. BRUER: The idea being that you have an owner who
doesn't want to cut his grass; this way you would contribute
to common maintenance.
THE CHAIRF~%N: Mr. Kavanagh doesn't know where the
cesspools are. He has never had any trouble with them.
It is our opinion that this would have to be enlarged and
you would have to have something in your Deeds to these
people If the Board of Health requires that cesspools
must go here and here (referring to sketch) they could go
on common ground.
MR. BRUER: Maybe they could have this so the land with
the building goes to the road.
MR. KAVANAGH: Mr. Geideman is a neighbor and he is a
civil engineer. He drew up this sketch and he is here tonight.
Southold Town Board of Appeals -19- June 13, 1974
THE CHAIRMAN: Mr. Tasker, our To~rn Attorney, suggested
that a civil engineer should be engaged. I think probably
you could come up with a decent sized plot.
MR. JOHN GEIDEMAN: The intent was to have everybody
buy the same amount of land. There are no two parallel.
We can vary'the size lots but we would have to get metes
and bounds on this road to develop the whole thing so a
Deed description could be written up. I did not want to
do anything else on this until I knew what you wanted. I
did not know whether you wanted it large or small.
THE CHAIRMAN: Mr. Tasker's thinking is to make the
plot sizes larger. I believe you are going to restrict
from April 1st to November 1st. (referring to sketch)...
You could go at least to the road this way.
MR. BRUER: How about going another way?(Mr. Bruer
indicated on the sketch what he meant).
THE CHAIRPL~N: Go as far as you want. Let them park on
their own lawns.
MR. KAVANAGH: There is a road that I was going to
eliminate. They could park on that.
MR. BRUER: You could make a sort of circular perimeter.
MR. GEIDEMAN: This is a big, flat, open, playable field.
MR. SERGE DOYEN:
plans.
Come up with the best features of both
MR. BRUER: (Referring to sketch) The road comes in here.
MR. KAVANAGH: I could leave that road in for parking.
I don't want a road running behind my house.
THE CHAIRMAN: Enlarge the lots, put dimensions on them,
make this road as wide as you can.
MR. GEIDEMAN: It's about 18 feet wide.
MR. BRUER: Perhaps you could make it 20 feet wide.
THE CHAII~L~N: Get the plots as large as you can.
whatever is feasible. They should be contiguous.
MR. BRUER (addressing Mr. Kavanagh and Mr. Geideman)
Come up to the road here and make them contiguous.
Southold Town Board of Appeals -20- June 13, 1974
THE CHAIRMAN: You could come up with about 4,000 sq. ft.
MR. KAVANAGH:
apiece.
I am figuring about 1,500 or 1,600 sq. ft.
MR. GEIDEMAN: Could we reduce Jim's home area to 30,000
sq. ft. to give more land to the people.
THE CHAIRMAN: I think everyone would go along with
Before you go too far with this you should probably sit down
with the Planning Board with this map.
MR. BRUER: Would you mind if we say that you sent us?
THE CHAIPd4AN:
to create parking,
what they nhave to
No. Make the plots as large as possible
and a plan for a coElmon area, and see
say.
MR. GEIDEM-AN: We are getting closer to something that
is feasible.
THE CHAIRPh%N: I would check with them.
some input into it.
Le% them put
MR. BRUER: Would you like an actual plan with Covenanus
and Restrictions, or at least a proposed plan?
MR. CHARLES GRIGONIS: We need descriptions.
THE CHAIRMAN: I think it would protect Jim Kavanagh
the future. It might save some complications laner on.
don't know whether the cluster concept would apply here.
We are dealing with an existing situation.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
~ that the Southold Town Board of Appeals recess
the hearing on Appeal No. 1920, James P. Kavanagh, until
further notice.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
PUBLIC HEARING: Appeal No. 1921 - 9:15 P.M. (E.D.S.T.),
upon application of Southold Yacht Club, North Parish Drive,
Southold, New York, for a variance in accordance with the
Sou hold Town Planning Board
SOUTHOLD, L. I., N. Y. 11971
TELEPHONE 765-1313
PLANNING BOARD
MEMBERS
John Wickham, Chairman
Henry Moisa
Alfred Grebe
Henry Raynor
Frank Coyle
November 7, 1974
Mr. Robert Gillispie
Southold Town Board of Appeals
Town Clerk's Office
Southold, New York 11971
Re: Crescent Beach
Dear Mr. Gillispie:
Enclosed please find map of proposed division of
Crescent Beach Motel, Inc. Owned by James P. Kavauaugh.
The following resolution was passed by the Planning
Board at a regular meeting held October 7, 1974.
RESOLVED that the following be required on the site
plan of Crescent Beach:
The Covenants and Restrictions prohibit development
of the open space in perpetuity for other than recreational
purposes.
The lot upon which the house stands which will be
retained by Mr. Kavanaugh shall be 40,000 square feet.
The Planning Board will then approve the map and
submit it to the Board of Appeals.
Mr. Rudy Bruer has presented the Planning Board with
the covenants and restrictions as requested and you will
note on the map that Mr. Kavanaugh has designated an area
of 40,000 square feet for his homestead.
Yours truly,
Southold Town Planning Board
Enclosure