HomeMy WebLinkAboutZBA-12/06/1979 o y Appeals
Southold Town' Boardof
SOUTHOLD, L. Ly N. Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
XXXx MEMBERS
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RUSTiTW.GTLLTF,-JF�; f�TRi`IIAN
CHARLES GRIGONIS,JR.
SERGE DOYEN,JR.
TERRY TUTH ILL
ROBERT J.DOUG LASS, Acting
Chairman
M I N U T E S
SOUTHOLD TOWN BOARD .OF APPEALS
DECEMBER 61 1979
A regular meeting of the Southold Town Board of Appeals was
held on December 6, 1979 at 7 :30 P.M. -at the Town, Hall, Main Road,
Southold, New York 11971.
Present were: Messrs. Robert J. Douglass, Acting Chairman;
Charles Grigonis, Jr. ; Terry R. Tuthill, Jr. ; and Serge Doyen Jr.
RECESSED HEARING: Appeal No. 2574 . Application of RAYMOND
and' ANN CIACIA, Main Road, Greenport, New York, (James Bitses,
Esq. ) for a variance to the Zoning Ordinance, Article VIII, Sec-
tion 160-80 for permission to divide property with insufficient
area and width. Location of property: Lots No. 157 to 160 in-
clusive, Map No. 1124, Peconic Bay . Estates, Greenport, New York.
The Acting Chairman reconvened the hearing at 7 :37 P.M.
MR. DOUGLASS : If it' s All right with you, I don't think we
,need to re-read this if you 're agreeable.
MR. BITSES: Waive the reading.
MR. DOUGLASS : Thank you. We will dispense with the re-reading.
If you have.-. anything new to enter for us, please do so.
MR: BITSES: Members .of the Board, unofficially I have been
informed that., thi Town Board has disapproved, unofficially, our
application for a zorib' chahge. In conversations had with the mem-
bers of the Town Board, I 've been advised that they believe that
the proper course for what it' s worth, they believe the proper
course is to come before the Zoning• Board and ask for a variance
to place a residential unit in a C-Zone. In other words, moving
the house which presently is. a nonconforming use from the forward
t
Southold Town Board 'of Appeals -2- December 6 , 1979
two lots to the rear two lots, without a zone change, and secure
a variance from the Zoning Board permitting the use of a resi-
dential unit in a C-Zone: Now, I have a sketch, a Van Tuyl
sketch; and this is of course off the record, because we cannot
take action tonight. And essence, my plea tonight will be for
an additional extension of time, an additional adjournment so
that I can make a variance to allow Mr. Ciacia to move his house
and to use it as a residence even though it ' s a C-Zone. But I
wish to show you Van Tuyl ' s map., and if you will examine the
map, you will see that across the road and around Mr. Ciacia' s
house there are all residences there'=-about six or eight resi-
dences. Now I 've just, even though it' s an unofficial matter
at the present time, I would beg the Board ' s indulgence to look
at- this sketch.
MR. DOUGLASS: Can you leave one of them with us?
MR. BITSES : This is the last one that I have, but I will
make copies .
MR. DOUGLASS: Please make copies and bring it in to us .
MR. BITSES : I just want to point out that right across the
street, wherever you see an "R" , now here ' s Ciacia, and you have
residences right around him.
MR. DOUGLASS : They are all nonconforming just like he is .
MR: BITSES : Yes. In other words they've got a C-Zone what
used to be residential area, you see. Now, we tried to upzone
to improve, but they have a different opinion and I can 't blame
them for their opinion. So they have told me unofficially to
come before you for an additional variance. And I 'll have to
go through another application, and I respectfully request that
you adjourn this matter for an additional month so that I can
go through the procedures involved.
MR. DOUGLASS : Do you want it to ,come in on the first part
of January?
MR. TUTHILL: Suppose we adjourn it indefinitely, we run
into the same problem that we ran into this time where I can't
publish it and get on the docket. If I set it on the docket,
recess it or whatever, I don't know, on this I think you will
have to come back with a new variance.
MR. BITSES: It will be a new variance for publishing and
so on.
MR. DOUGLASS : So this one will be of no value?
MR. BITSES : This would be an additional variance as an
undersized site, lot, so there will be two variances then in
Southold Town Board of Appeals -3- December 6 , 1979
effect, running side by side, and the two variances will come
therefore before the Board for final, either approval or dis-
approval simultaneously.
MR. TUTHILL: When he brings his application in we can,
then publish it for the next meeting.
MR. BITSES : I also fount to call to your attention that
we do have the approval of the Planning Board. The Planning
Board did it some time back and it' s logical . Let' s not talk
about logic.
MR. TUTHILL: That ' s what we are supposed to be in business
for.
MR. DOUGLASS : They have regulations, and sometimes they
get a little strong.
MR. BITSES: Well, what can I do.
MR. DOUGLASS : Anyway, suppose we will recess it with no
time on it, and then, our next meeting will be the 27th of
December, and if then you find you can't be ready, the next
one will be three weeks after that.
MR. BITSES : I appreciate the cooperation of this Board.
MR. DOUGLASS : As long as you let us know then, we can set
it up for the three weeks later.
MR. BITSES : Thank you very much, gentlemen.
On •motion made by Mr . Douglass, seconded by Mr. Tuthill, it
was
RESOLVED, that the matter of RAYMOND AND ANNA CIACIA, -
Appeal No. 2574 , BE RECESSED until the applicants have had
the opportunity to come back and ask for a re-scheduling.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis ,
Tuthill and Doyen.
RECESSED HEARING: Appeal No . 2598 . Application of PHILIP
A. WENZEL, Main Road, Peconic, New York for a variance to the
Zoning Ordinance, Article III, Section 100-31 for permission to
subdivide with insufficient area. Location of property: Main
Road, Peconic; bounded north by Main Road, east by Koraleski,
south by Leslie Road, west by Bujnowski.
The Acting Chairman reconvened the hearing at 7 :42 P.M.
by briefly describing the application.
v
Southold, Town Board of Appeals -4- December 6 , 1979
MR. DOUGLASS : Is there anybody here that needs this re-read?
If not, is there anybody opposing it that wants. it re-read? If
not, if you will grant us the waiving of reading it, we will go
on without it.
MR. BRUER: On behalf of Mr. Wenzel, yes.
MR. DOUGLASS : Now, is there anybody that wants to add any-
thing to what we have already had or want to speak on this?
MR. TUTHILL: Where did we leave it when we recessed? Was
it pending something?
MR. DOUGLASS : Yes, they had to go to the Planning Board, and
the Planning Board said that whatever we do, is what they will
work on. We had been out and been- all over this, and we walked
it and pictured it and so on an& so forth. The whole length of
that road has not been divided in any way yet. There are a lot
of houses and farms along that road, and after due consideration
of the thing, why I would like to put a motion before my Board
that we hold the property at the 40 , 000 , the one acre, where
none of it along there has been subdivided. I know there will
be . a lot of it coming up. and so I, will put a motion out if any-
body would care to second it, if not--
MR. BRUER: Mr. Chairman, may I make a comment before the
Board decides?
MR. DOUGLASS : Yes .
MR. BRUER: Number one, I 'd like to say that this applica-
tion is for an area variance, not a use variance, and one of the
reasons the Board can grant it is because of practical difficulties.
And one of the very distinct practical difficulties here is the
use of the barns on the larger piece which is being conveyed. And
I think that, in and of itself, is sufficient enough to ask the
Board, and for the Board to consider and grant a variance based
upon- the very practical difficulty of using those barns with that
road there, and the property as defined there. I think that with
respect to a practical difficulty argument, the difference between
35 ,200 and something square feet and 40, 000 really isn't that much.
And I think the Board in its discretion here can very readily,
based upon the area variance theory and the practical use grant
this application.
MR; DOUGLASS : As to the barns, why the barns are available
from either side. They are not just available from the side that
we are talking about. Yes, Frank?
FRANK CICHANOWICZ : I would just like to make a comment. We
are .not building houses; we 're not going to divide and` do anything
and we don 't, we forget to put a 55-foot trailer on the side of
the farm, we 're going to reduce our acreage by at least another
c
Southold Town Board of Appeals -5- December 6 , 1979
half acre of usable land. If I want to make a ridiculous thing
out of this, I can take that strip of road and go up half way
up the farm road and get 40 , 000 square feet, and it' s going .to
look like a stupid lot. I think it' s ridiculous. You're talk-
ing about 4 , 000 'square feet in this thing. I mean, you know,
you know yourself having the equipment size that you have and
the equipment size we have. You 're blighting the farm to keep
it an existing use. We 've been using it that way for the last
20 years. The thing is not going to change physically at all
as far as where we go in and everything. If the house, years
ago, everybody had everything on a half acre, and it' s just
unfortunate the barns aren't far enough away. We can't give
anymore road frontage because we can 't use the roadway getting
55-foot trucks across the road heading up traffic. I mean I
think you understand this thing, and I think it' s. very practical.
MR. DOUGLASS : I know, and I looked it over and there is
still no reason why you couldn't make an agreement with the
people to continue using the road. The thing is, when we come
into zoning; we have set ourselves up for the whole length of
that road and anything that happens in back of it.
MR: BRUER: I believe there are a lot of property on that
road that doesn't have a full 40 , 000 square feet. I know there
isn 't.
MR. DOUGLASS : Nothing has been divided in those farms.
MR. BRUER: Well, there are, there have been farms that
have been blocked off, and just the houses were left back there
that are less than a full acre on that road. I mean it was done
a number of years ago. There hasn't been anything done recently
that I know of.
MR. CICHANOWICZ : You know, you're keeping this as an
agricultural thing, which is what the Town wants to do, and now
you're fighting against the same thing.
NJR. DOUGLASS : This is true as long as you own it.
MR. CICHANOWICZ : Well what do you think we are buying it
for?
MR. DOUGLASS : Well, I know that--
MR. CICHANOWICZ : Somebody else wanted to raise grapes on it
so now we want to keep it so that we can raise the grapes.
MR. BRUER: The purpose of the Board is not to make the
applicant show a huge hardship on somebody. It' s to grant ,
variances--
MR. DOUGLASS : He has to, you will have to produce hardship.
Southold Town Board .of Appeals -6- December 6, 1979
MR. BRUER: Not necessarily, on an area variance. You're
talking about a use variance. Practical difficulties is sufficient.
MR. DOUGLASS : Well, I 've been told I am not supposed to argue
back, so I won 't. I still feel that way if my ;B»ard wants to vote
me down that' s their ability. I feel that it should stay at 40 , 000.
MR. CICHANOWICZ : I would just like to make one other comment.
You know, the man is 77 years old:. Now if he' s going to give us a
use to go over this thing, and a year from now he drops dead, and
his family says"Well I don't want .them to use it anymore, " this is
the reason we are going for it' because it' s going to be tied up. in
an estate sooner or later. And we want to clarify it before it
gets tied up in an estate. He doesn't care now if we ride over half
of his farm. We mow his whole lawn with our sod mowers . He ' s very
happy that it isn't going to discontinue. And, you know, what we
cbn't want to have is any contingence on the thing. It's the easy
way to say, "Sure have a contingence on the thing. " We want to
have a clear, cut title, and I think it' s ridiculous this way.
MR. TUTHILL: Frank, I would like to ask you a question. Would
the access on the other side of the barn, let's say the doors that
are on the north side of it, if they were on the south side, would
that still give you a very tough time.
MR. CICHANOWICZ : Well, we would have to eliminate at least
a half acre, or an acre of productive ground because we would have
to get around the back sides. Plus we have a hard surface road,
I mean, a well-packed farm road that we have used to go up to the
irrigation well , and that's the way we get -our products off the
field. I mean it' s a very practical thing. It's been there since
the farm started, and now you're going to change this- thing and
make a whole other deal out of it and it' s ridiculous. Anybody
that' s a farmer should know better.
MR. TUTHILL: Of course, you can understand the other side of
the situation, too, that we are reluctant in most cases unless
there is a really great hardship to create something under 40, 000
. square feet when you have 40 something acres, .and it doesn't, this
is the time when we get criticized, "You've got zoning, stick to
it. " I don't frankly think that in a situation there that where
you are short by 4 , 000 or 5 , 000 square feet, where these buildings
have existed for 60 years probably, I don 't think that it would
be a big problem to cut down the size. But we are reluctant
without hearing about your hardship to create anything under
40, 000 square feet when we ourselves are open to criticism. And
in some cases where you have adjoining properties along the road,
or even across the street, if you've got undersized parcels that
will have a bearing on it, too. We 're not trying to be tough
about it, it' s just that we ,.don 't like to do something under
40 , 000 square feet.
MR. CICHANOWICZ : We 're not going to build houses on it, and
Southold 'Town Board of Appeals -7a- December 6 , 1979
this is what I am trying to say. We 're keeping it as agricultural.
This is what Southold Town is all about. We 're trying to preserve
it. You know, if we were trying to build on an acre and a half lot
two houses, I' agree with you. We are not trying to build houses.
We 're trying to keep it exactly the way it is. This is what I can't
see, why the whole ting even has to start.
MR. TUTHILL: Well , I know one thing I will go along with you
on it. Through the years as the farmers sold off their farms, they
would give a son, for example, the old homestead on half an acre,
and they are -scattered around the area. Not right in yours, but
in many cases that was done as you well know. Maybe the old folks
stayed in the house for as long as they lived, and then it became
the son' s . But it ' s been cut out, so I don't think that it' s all
that serious myself. I would like to see you be able to do some—
thing so we could keep it 40, 000 square feet. But if it' s going
to be a large practical difficulty for you, I think Mr. Chairman,
that my feeling would be to go along with him.
MR. GRIGONIS: I 'm inclined to go with the applicant ' s situ-
ation.
MR. DOUGLASS: Well , would somebody second my motion, and then
you can vote on it?
MR. TUTHILL: Well , if you don't want to withdraw it I will
second it, and we will vote on it.
On motion made by Mr. Douglass , seconded by Mr. Tuthill , it
was
RESOLVED, that the matter of PHILIP A. WENZEL, Main Road,
Peconic, New York 11958 , Appeal No. 2598 for permission to sub-
divide with insufficient area BE DENIED, WITHOUT PREJUDICE,
and that the proposed lot with insufficient area be at least
40, 000 square feet.
Vote of the Board: AYE: Messr. Douglass . NOES : Messrs .
Doyen, Tuthill and Grigonis .
This resolution was defeated by a majority vote.
Southold Town Board of Appeals -7b- December 6, 1979
Appeal No . 2598 . Application of PHILIP A. WENZEL.
After investigation and inspection, the Board finds that
the applicant is requesting to subdivide land into two sections,
the parcel with the dwelling consisting of 35 ,247 square feet
in area, and the parcel to be used for agricultural purposes
and with the two barns consisting of 24 . 820 acres, and. the
applicant' s reasoning for this proposed subdivision is be-
cause of the location of the barns as intended for agricultural
use and the location of the right-of-way to be used for access
into these barns. The access road is directly across the Main
Road (State Route 25) from the Briarcliff Sod exit road which
is the intended route for the farm vehicles . If there were any
change in the placement of the right-of-way on the subject
property, the farm vehicles would head right. into traffic on
the State Route causing a hazard. The applicant' s representa-
tive has informed the Board that if the full 40, 000 square feet
were the area of the dwelling parcel, practical difficulties
are involved: (a) that in order to continue--to use the-barns
they-would not be able to utilize the 24 ,820 acres for agricul-
tural use; that one half to a full acre would have to be elim-
inated for the agricultural use by using a rear entrance of the
barns; (b) that in order to continue to use the barns and
also add the area to total 40,000 square feet, a long narrow
strip of land would be the only alternative and would serve no
other purpose to the residential property or agricultural
property; this would be impractical. Due to the practical
difficulties involved for both the residential parcel and the
agricultural land, the Board agrees with the reasoning of the
applicant.
The Board finds that strict application of the ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of the 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 made by Mr. Tuthill , seconded by Mr. Grigonis, it
was
RESOLVED, that PHILIP A. WENZEL, Main Road, Peconic, New
York, Appeal No. 2598 , BE GRANTED' a Variance to the Zoning
Ordinance, Article III , Section 100-31 as applied for SUBJECT
TO THE FOLLOWING CONDITIONS :
(1) That if in the future the owner of the subject parcels
decides to apply for subdivision, the lot9within the proposed
subdivision will be not less than 40, 000 square feet and will
be required to meet the then current zoning regulations of the
Town of Southold;
Southold Town Board of Appeals -8- December 6 , 1979
(2) That the applicant apply to the Southold Town Planning
Board for their approval of this subdivision as applied for
herein.
Vote of the Board: Ayes: Messrs. Tuthill, Grigonis and
Doyen. No : Messr. Douglass.
RECESSED HEARING: Appeal No. 2629 . Application of RALPH H.
DICKINSON, by Abigail A. Wickham, Esq. , Main Road, Mattituck, New
York 11952 , for a Variance to the Zoning Ordinance, Article III,
Section 100-30 for permission to construct dwelling with insuf-
ficient front and side yard setbacks. Location of property:
Off Peconic Bay Boulevard, Laurel, New York; bounded north by
Heck and Graham, south by Great Peconic Bay, west by McDowell,
east by Arthur.
The Acting Chairman read correspondence received from Abi-
gail A. Wickham, Esq. , attorney for the applicant, requesting
that this matter be recessed until the December 27 , 1979 meeting
of this Board.
On motion made by Mr. Douglass, seconded by Mr— Tuthill, it
was
RESOLVED, that the matter of. RALPH H. DICKINSON, Appeal No.
2629 BE RECESSED until the December 27 , 1979 meeting of this
Board.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tut-
hill and Doyen.
RECESSED HEARING: Appeal No. 2609 . Application of ROBIN A.
RAEBURN and MARY ELIZABETH MURPHY, by George C. Stankevich, Esq. ,
Main Road, Southold, New York 11971 , for a Variance for approval
of access , New York Town Law Section 280A. Location of property:
Bridge Lane Extension, Cutchogue, New York; bounded north by Long
Island Sound, south by Bokina, west by Bokina and Baxter Proper-
ties, east by Parr.
The Acting Chairman reconvened the hearing at 8 : 05 P.M.
MR. DOUGLASS : Has the attorney anything new for us?
GEORGE STANKEVICH: Yes, your Honor. We have gone to the
Planning Board with Baxter ' s attorney and the Planning Board will
not give Mr. Baxter any type of ruling saying that our houses
could use Baxter ' s right-of-way and that Baxter could use the
right-of-way for a minor subdivision. Two factors are involved.
One is the number of houses , although that ' s not insuperable,
because there are many similar sized roads used by four, five, ,
Southold Town, Board of Appeals -9- December 6 , 1979
even ten houses in Southold. More importantly, the Planning Board
felt, that sooner or later there was going to be a major subdivision
in either side of the right-of-way going up to the Sound., and on
the books are plans to put a road parallel to the Sound, two or
three hundred feet back from the Sound, and they just don't want
to commit themselves until these items come to the forefront.
With that position Baxter is unwilling to engage in any type of
agreement with our clients, and we have offered to put the road
in on our expense; we 've offered to maintain it at our expense,
but I think they have a logical point, that until they could get
a commitment from the Planning Board it would be fool hardy.
Number two, Mr. Bokina and- his brother are here. They - can't
move the barn. It' s a very large and substantial structure that' s
been there for age and more. My , discussions with them also indi-
cate that they are unwilling to run this right-of-way any other
place that would interfere with farming. So I suggest to you
what we have here, gentlemen, is a situation that says that this
land was broken up into three lots by Judge Baisley- in the
Partition Suit. It wasn't planned by me. It wasn 't you know any
subterfuge. This man had a lawsuit in front of him and he ' s a
Supreme Court Judge, and he says, "Look, this land. " He cut it
up. And pursuant. to that order which I think we have put a copy
into your file, the land was deeded out. A fate of "complet.
Now, on the three lots we 've got a preexisting house that uses
this road, as it exists now, meanders up. And there appears to
be a house further west of our property, further east of our
property, Parr, that uses it; and you have the general guidelines
that call for a 16-foot road and we propose to run a road in,
16 foot, and it was drawn up by the surveyor in good faith, but
it was discovered that there was an encroachment of this 'barn,
four feet at one point in this long road. And that's been the
fly in the. ointment. And we tried to obviate that as I indicated
with• Baxter with the Planning Board with Bokina and we can't.
And I suggest to you that what we have here is a hardship. We
have a practical difficulty, and that"s why we 're asking you
tonight as we asked you earlier that you approve it as laid out,
that we do have a practical difficulty and we have shown you in
good faith that we have no way of ameliorating that practical
difficulty, and we believe that' it' s your duty as the Z .B.A.
to grant variances, to be flexible. When a party doesn't create
the situation itself, and we have in here, . it! s not self-created,
where we have gone and done everything that you told us. Go to
the Planning Board, go to Baxter, go to Bokina, see if it .could
be ameliorated. " And we 've done that. Um, and at some degree
of expense. Remember the buyer has a commitment; there ' s a
$200 , 000 deal pending and the rate of mortgages have gone up
and are costing him money. But it' s going to terminate January
1st, that commitment, and this deal is - going to go down the
drain. And we think that ' s a very substantial hardship. And
it ' s going to have to be solved anyway, one way or the other;
you know, this property has been ordered divided; it has been
divided. One lot is in use, the other two lots are going to
be used. We 're willing to agree to anything that we can as a
condition. We 've agreed to pave the road to your specifications.
f
Southold Town Board of Appeals -10- December 6, 1979
Likely, you say, "Look, you know, if we do this once, does it create
a precedence. " And I say no because it' s a unique case and there ' s
hardship shown. You might say and you did say at the earlier hear-
ing, "Well how is this going to affect safety and welfare?" Well,
for the whole run, except in one point we have a clear 16 feet. Now
you might say, well how could this one point where it narrows down
to 12 feet, how could that affect the situation. I say it couldn' t.
Any truck can get through 12 feet. Even if the truck got stuck at .
that one 12-foot spot, it wouldn't block others . You can always go
up around it. The likelihood of that of a truck getting stuck_ at
that one 12-foot spot is no greater or less a likelihood that two
trucks getting stuck on a 16-foot. portion. I mean you're talking
about a rather unique situation. So, we really do ask you in good
faith that you prove it. We 've done the best we can and you know,
it is a problem, we did not create it, and it' s not going away.
MR. DOUGLASS : What legal rights and what other legal measures
can you take to open the thing up?
MR. STANKEVICH: , Well, I talked to Bob Tasker as you know
today. I don't know whether you were there, but I said, "Look.
I 'd love to tell my client to get the bulldozers out. " Because
that would be direct, it would be practical, it would be cheaper
than the lawyers and the lawyering, and under normal circumstances
self help is available. It's a legal category, self-help. You
can only do it, though when you are sure. Sure that you're right
and the other guy is wrong, because if you do it and you're wrong,
ok., they -lock you up for trespass and. harrassment and they sue-
you for punitive -damages , and it becomes quite a sore for everybody.
We can 't do that in this case. Why? Because as far as we know
that barn has been there for more than 20 years. In fact, Henry
Raynor says , and he said this last night at the Planning Board of
Tuesday night, that his family .owned this property way back and he
has talked to his family to find out which went in first, the
right-of-way or the barn. And they can't honestly remember. It' s
that far back. So, we don 't have any self-help. We never have
threatened Mr. Bokina. We can 't threaten Mr. Bokina and we have
no intention of threatening Mr. Bokina. Now that the barn is
there and that the road has been there. And we didn't create it
and Mr. Bokina didn 't create it as far as we know. The predeces-
sors in title did.
MR. DOUGLASS : Is there any discussion at the present time
of going up part way on Baxter' s until you get beyond the barn
and then coming over?
MR. STANKEVICH: Yeah. No, the answer is no, no, no from
the Planning Board. No, because the. fact is that all that Bax-
ter owns is 20 feet, and whether it ' s, whether we use a portion
of that 20 feet or not, it' s still the same thing as far as the
Planning Board is concerned. They are not going to commit them-
selves. I think they could have committed themselves. They
chose not to. They even chose to say they never heard about.
this case before. In spite of the fact that they, you know--
4'
Southold Town Board of Appeals -11 December 6, 1979
and I asked them, "Gee, do, you realize you have a Zoning Board of
Appeals and they have been working on. this. " They said, "No, we
didn't, know anything about it. " Well, they said this to you. ,
MR. DOUGLASS : Mr. Tuthill would like to ask you something.
MR. TUTHILL: George, where is this the narrowest, where the
barn is?
MR. STANKEVICH: Yes, sir.
MR. TUTHILL: That 12 feet.
MR, STANKEVICH: The corner of the barn. Yes, sir.
MR. TUTHILL: You have 12 feet--
MR. STANKEVICH: At that point.
MR, TUTHILL: At that point and 16 all the rest of the way?
MR. STANKEVICH: Yes, sir.
MR. TUTHILL: The whole distance from Bridge-
MR. STANKEVICH: Well, actually, at the top it' s 20 feet.
MR. TUTHILL: Well, this--
MR. STANKEVICH: There are some trees down below, you know, I
mean a foot or two.
MR. TUTHILL: It' s something to ask the Board .of Appeals to.
approve an access that goes through a barn, and --
MR. STANKEVICH: We're not asking you to do that.
MR. TUTHILL: I. think as you say if you have something -that' s
unique but maybe you should find another word for it that' s even
stronger, but what are you. asking now?
MR., STANKEVICH: We are asking you to approve, it as submitted
with the variation that the right-of-way will narrow down to 12
feet at the point of the barn-.
MR. DOUGLASS : How about where it' s three feet into the house?
MR. STANKEVICH: Well. And at that point to narrow it down
three feet, yes . So, all these other. places it •would be the
appropriate width. We could put signs up if you want, "No passing"
at those points. You know, if you think of a way to ameliorate
just tell us and we ' ll do it.
MR. DOUGLASS: Yeah, but the thing I am worried about most .is
` Southold Town Board of Appeals -12- December 6, 1979
the house. Mr. Bokina, do you have ssamething to say?,
JOHN BOKINA: Yes. They still don 't have a right--of-way all
the way up there. This guy, he' s worried about $250, 000 so--
You know; my mother is 72 years old when they put the underground
lights, this lady Mrs. Raeburn or Murphy, whatever-- I think my
mother can lose her life, and this guy is worried about losing
$250, 000. He took 10 years off her life. He' s worried about a
simple little thing. If you want to keep farming over there and.
MR. DOUGLASS : Thank you. I would like to put a motion out
now that we reserve decision until a later time so we can get
together and get a little more stuff on it. We will recess the
hearing, no we don't have to recess the hearing. The hearing
will be closed, we' will just reserve decision until a later . point
where we can get everything together.
MR. STANKEVICH: Could I suggest one thing? Could you tell
us when that time would be, because I honestly have to tell you
as I have everything, that January lst this commitment--
MR. DOUGLASS : The only thing I' can tell you is our next
meeting is on the 27th and I would hope to have the answer for
you by then.
MR. STANKEVICH: Thank you. If ,we can supply anything
else, call us . We 'll try to get it. I don't know what further
if you--want us to hire an expert to come in and give you their
opinion as to whether trucks can get by and 12 feet. I mean,
you know-
MR. DOUGLASS : I don't think we' ll need that. You have
dug up everything you can and you've. been working with the other
attorney. I think we have to just sit down and put everything
together and see what we can come 'up with.
MR. TUTHILL: Certainly the property owners up there have
to get to the homesone way or another.
MR. DOUGLASS : Well they've been doing it for the years up
over the top of it now.
MR. STANKEVICH: We 'll certainly assume that you act in a
fashion that we suggest and that you grant the proposed relief.
Certainly the end result will be a lot better than what you have
now. You can get a paved road and it' s going to be in the right
place, which you don't have now. It' s not paved; it' s rutted;
it' s really a mess. So from the existing condition .to .what you
approve, there ' s going to be a substantial improvement. It' s
not completely, you know, as you would like. Well, it ' s not
completely the way my client would like it because if it was the
way the client liked it, I wouldn't be here tonight. It would
have been a cake war.- We wouldn't need the lawyers. But it,° s
not a perfect world.
Southold Town Board of Appeals 713- December 6 , 1979
MR. GRIGONIS : The road comes in, the house is there. I know
myself 50 years ago the house and- barn; we used to go up there
hunting when I was a kid. It' s the way it was. Sooner or later--
MR. STANKEVICH: Why would somebody create something like
this? And the answer is, you know, everybody was a lot more
practical , a lot less technical , and they just laid things out,
I think it was Harold Reeve who got the first lot up there.
MR. DOUGLASS : Will you give us oneething, George, a copy
of the contract of sale?
MR. STANKEVICH: Yeah.
MR. BOKINA: Actually, there is no right-of-way, the rest of
the right-of-way is in the woods. How are you going to write to
the trees. In good faith I don 't use that road. ,
MR. DOUGLASS : The right-of-way part that they are talking
about is the part from the street up.
MR. BOKINA: Exactly, but they're going to develop that
property, and they're going to go across the Sound, their right-
of-way is in the woods.
MR. DOUGLASS : The part that goes across the sound, if you
will check with the Planning Board, you will find goes up into
the land. And the only part that is in discussion with us is
the part from the road up to the woods.
HENRY BOKINA: And I don't think there ' s enough frontage there
to build another house.
JOHN BOKINA: I don't think they have enough property to go-
HENRY BOKINA: You have to have 100 feet from the bluff, right?
MR. DOUGLASS : I don't know what the D.E.C. would require on
that.
MR. STANKEVICH: That' s all been approved by the Planning
Board, and we ' ll supply you with a copy of the decision.
MR. DOUGLASS : This is not in our category. I would take a
second on that motion if you will.
On motion made by Mr. Douglass, seconded by Mr. Tuthill, it
was
RESOLVED, that the matter of- ROBIN A. RAEBURN and MARY
ELIZABETH MURPHY, by George C. Stankevich, Esq. , Appeal No. 2609 ,
BE RESERVED ITS DECISION until a further date and that this
hearing be declared closed.
Vote of the .Board: Ayes: Messrs . Douglass, Grigonis, Doyen
and Tuthill .
J
Southold Town Board of Appeals -14- December 6 , 1979
PUBLIC HEARING; Appeal No. 2637 . Application of VINCENT J.
and CATHERINE ACUNTO, 35 Glenrich Drive, St. James, New York 11780 ,
(Rudolph H. Bruer, Esq. ) for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct dwelling
with insufficient frontyard. Location of property: Clearview
Avenue and Gagen' s Landing Road, Southold; bounded north by Clear-
view Avenue, east by Gagen, south by Goose Creek, west by Gagen' s
Landing Road.
The Acting Chairman opened the hearing by reading the appli-
cation for a variance, legal notice of hearing and affidavits
attesting to its publication in the local and official newspapers,
Notice of Disapproval from the Building Inspector, and letter from
the Town Clerk that notification had been given to adjoining prop-
erty owners as follow: John A. Gagen;. fee paid $15 . 00.
MR. DOUGLASS : I have a copy of the survey showing the
proposed location of the dwelling, and 15 feet on the sideyard
and more than enough footage at the rearyard. I also have a copy
of the County Tax Map showing the area and the size lots in the
adjoining area. Have you anything that you would like to speak
on for this?
MR. BRUER: Rudolph Bruer. Mr. Chairman, Members of the Board,
as you can see from the survey, does everybody have a survey there?
MR. DOUGLASS : No, we only have one.
MR. BRUER:, What we basically would like is a variance of the
50-foot setback requirement on Gagen ' s Landing Road to 35 feet.
The house, the proposed house would be situated in such a way that
it would have to be pretty much up where it is due to the elevations
of this particular lot, and the problems that the lot has other than
this problem. We are required to sit back 50 feet from Clearview
Avenue and we would like the Board to grant us a variance of the
50 foot requirement on Gagen' s Landing Road, pointing out that the
lot is approximately 90 feet wide and to put a house in this area
on this particular lot, on waterfront there, not that you should
give a great deal of consideration for waterfront, but the value
of the type of houses and the value of lots there. If you want to
put up a nice house, and I think in all fairness to the applicant-
we would respectfully request a 35-foot sideyard requirement on
Gagen' s Landing from the required 50. Frontyard, excuse me. It' s
two front yards and that' s why it ' s unique. The property adjoining
it, I guess , to the east is 90 foot wide, I think and would not be
bothered by this burden because it' s not on the road. And again we
respectfully request that the Board consider it and grant it.
MR. DOUGLASS : Is there anybody else in the audience wishing
to speak for this project? (There was no response. ) Is there any-
body wishing to speak against this petition? (There was no response. )
MR. GRIGONIS : I would like to make a motion that it be granted
as applied for.
Southold Town Board of Appeals -15- December 6 , 1979
After investigation and inspection, the Board finds that the
applicant requests a 35-foot setback in one of the frontyards,
that which is easterly of Gagen' s Landing Road, due to the eleva-
tion of the property. The dwelling as proposed would meet all
other requirements of the Code of the Town of Southold and Bulk
and Parking Schedule. The Board agrees with the reasoning of the
applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate, vicinity of the 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 made by Mr. Grigonis, seconded by Mr. Douglass,
it was
RESOLVED, that VINCENT ACUNTO and CATHERINE ACUNTO., represented
by Rudolph Bruer, Esq. ) , 35 Glenrich Drive, St. James, New York
11780 , BE..GRANTED a Variance to the Zoning Ordinance, Article III ,
Section 100--31 for permission to construct dwelling with an insuf-
ficient frontyard setback of 35 feet as applied for. Location of
property: Clearview Avenue and Gagen ' s Landing Road, Southold;
bounded north by Clearview Avenue, east by Gagen, south by Goose
Creek, west by Gagen ' s Landing Road.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill
and Doyen.
PUBLIC HEARING: Appeal No. 2644 . Application of W. CHET
VAN DYNE, 300 East 40th Street, New York, New York 10016 , by
Rudolph H. Bruer, Esq,, for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct dwelling
with insufficient frontyard. Location of property: Glen Court,
Cutchogue, filed Map #5060 of Vista Bluff, Lot #4 ; bounded
northeast by Aliano, southeast by Glen Court, southwest by
Loreto, northwest by L.I . Sound.
The Acting Chairman opened the hearing by reading the appli-
cation for a variance, legal notice of hearing and affidavits
attesting to its publication in, the local and official newspapers,
Notice of Disapproval from the Building Inspector, and letter
from the Town Clerk that notification had been given to adjoining
property owners as follows : Nicholas Aliano, Mrs. Lillian Loreto;
fee paid $15 . 00 .
MR. DOUGLASS : We have copies of the County Tax Map showing
this area-, and survey showing the proposed location of the
dwelling. Is there anybody in the audience wishing to speak
Southold Town Board of Appeals -16- December 6 , 1979
for this application?
RUDOLPH BRUER: I think it' s important as we observe this
application to point out a copy of the filed map showing this
particular lot in the map itself. You will notice that this
lot No. 4 is cut away and it' s road frontage up front, starting
not quite 20 feet but going back definitely loosing 20 feet
from all the other lots along the Sound there. In other words
that lot would normally be 20 feet longer in front up towards
the Road had it not been for the cul-de-sac for the turnaround.
Now all the other properties have the access or do. not have
that problem. One of the important aspects of the appeal is
I think the survey that was attached to the application as well
as this application noting the bluff line there. And, I don't know
if you gentlemen have seen this survey, it shows the proposed
house and compared with the top of the bluff, and what we 're
asking for. And then this is the cul-de-sac and why we're cut
down. Attached to the report is a study showing, by the
Cooperative Extension of Cornell University, State of New
York, U.S . Department of Agriculture, addressed to Mr. Van Dyne
dated October 23 , 1979 . It is signed by Mr. Peter T. Sanko,
Sea Grant Extension Specialist, and I 'll read it for the record:
. . .Dear Mr. Van Dyne: On October 11, 1979 I inspected
your property in Southold, district 1000, section 83 , block 1,
parcel 10 to assess the erosion problem and its effect on the
placement of the house you are planning to build.
Your property is undergoing active erosion caused by
wave attack at the toe of the bluff, ground water seepage, and
rain drop erosion on the face of the bluff. According to the
report "Erosion of the North Shore. of Long Island, by Davies,
Axelrod and O'Connor, the long term erosion rate for your area
established over an 85-year period (1885-1965) is 0 . 8 feet to
1. 0 feet per year.
The bluff is in particularly "bad shape" at the top,
where the slope is steeper than the natural angle of repose of
the soil. Should you choose to attempt to ,stabilize the bluff
vegetatively, the top will have to be cut back about 15 feet
or so in order to obtain a more stable slope. If you do not
do this , you can expect to lose this top section, in any event,
through natural means.
Complete stabilization of the bluff will require, in addi-
tion to vegetation, structural means to protect the toe from
further erosion.
Given the present rate of erosion, which can be expected
to continue, if not become more severe in the future, the current
state of your bluff, and the fact that structural and vegetative
methods of erosion control are not fool proof, I would recommend
that your house be placed as far back from the top of the bluff
as possible. As a minimum, you will have to compensate for the
Southold .Town .Board of Appeals -17- December 6 , 1979
15 feet that. will shortly'be lost', "add to thi`s> at .least, .2.0, geet
if you build a- toe protection structure, and more to compensate
for future erosion if you don't.
The 20 feet mentioned above is primarily a safety factor
based on erosion potential and water runoff considerations . , Your
architect should review the situation from the point of. view of
foundation conditions. . . .
I think based on this report and the application we 're making
here, the 15-foot application is not unreasonable.
M.R. DOUGLASS : While- you are' here, Mr. Bruer, would you take a
look` . at those pictures. Are they .the ones that are up there?
Have you been up there-?
MR. BRUER.:. No. I really couldn't say.
MR.DOUGLASS : Well this shows the frontyard area, ;cul-de-sac
area sitting at the 15 foot- that you want that you are,.-asking for,
why this brings :the front of the house that he is proposing here
still in line with the front of the house as compared to the
others.
MR, BRUER: Mr. Windall, who is going to be, ,the builder of
this, has advised me that being 15 feet back would probably even
them up with what is on this"-
MR. DOUGLASS.: It would come within alignment with the houses
in that area. And this is the house, that you are talking about
right here. It' s about 100 feet -down.
MR. BRUER: It ' s a long way- for a house to go. Thankywyou
very much.
MR. DOUGLASS : Is there anyone, wishing to speak against this
application? (There was no response. ) Under the circumstances of
the cut-de-sac cut for the Town road and the erosion situation on
the bluff, which is really radical at that point, and I- hope''that
he can do ' somethi.ng to maintain it. Or if he doesn't why he still
might be overboard. I would like to make a motion that we grant.
him the relief he needs to come back to 15 feet from the-, cul-de
sac to construct his house.
MR. TUTHILL: This man needs a variance if anybody ever needs
one, and I would be glad to second the motion. .
After investigation and inspection, the Board finds that the
applicant is requesting a 15--foot. frontyard setback variance due
to the active erosion on the subject property and the poor shape
of the bluff caused by wave attacks. . The dwelling as proposed
would meet all the other requirements of the Code of the Town of
Southold and Bulk and Parking Schedule. The Board agrees with
the reasoning of the applicant.
Southold Town Board of Appeals -18- December 6 , 1979
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hard-
ship created is unique and would not be shared by all properties
alike in the immediate vicinity of the 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 made by Mr. Douglass, seconded by Mr. Tuthill, it
was
RESOLVED, that W. CHET VAN DYNE, 300 East 40th Street, New
York, New York 10016 , by Rudolph H. Bruer, Esq. BE GRANTED a
Variance to the Zoning Ordinance, Article III , Section 100-31
for permission to construct dwelling with insufficient frontyard
setback as applied for herein. Location of property: Glen Court,
Cutchogue, filed Map #5060 of Vista Bluff, Lot #4 , bounded north-
east by Aliano, southeast by Glen Court, southwest by Loreto,
northwest by L. I . Sound.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Doyen
and Tuthill.
PUBLIC HEARING: Appeal No. 2645. Application of NUMZIO
REALE, 618 Valmont Place, Elmont, New York 11003 , for a 'Variance
to the Zoning Ordinance, Article III, Section 100-31 for permission
to construct dwelling with insufficient rearyard. Location of
property: 200 Hamilton Avenue, Cutchogue; Ravatone Realty Filed
Map #539 , Lots 25 & 26; bounded northeast by Hamilton Avenue,
southeast by Modelewski, southwest by McCormack, Rauch & Wehlau,
northwest by Schroder.
The Acting Chairman opened the hearing at 8 : 45 P.M. by reads
ing the application for variance, legal notice of hearing and
affidavits attesting to its publication in the local and official
newspapers, Notice of Disapproval from the Building Inspector,
and letter from the Town Clerk that notification had been given.
to adjoining property owners as follows : Mr. Modelewski, J. Mc-
Cormack, C. Rauch, R. Wehlan, and" R. Schroder; fee paid $15 . 00.
MR. DOUGLASS : I have a section of the County Tax Map
showing that property and the surrounding properties , and it's
as big or bigger than the surrounding properties because it' s
two lots put-' together. I have a copy of the survey showing
the proposed dwelling. There 's a garage on the back corner
that ' s within three feet of the line now. It 's been there for
years. Is there anybody wishing to speak for this application?
MR. REALE : The only thing I can say is we are asking for
a nine-foot difference in what they require. They ask for a
50 foot rearyard and we would end up with a 41,foot rearyard,
and keeping it to 50 I would have to change the driveway and
possibly change the pools and take down just every really decent
Southold Town Board of Appeals -19- December 6, 1979
tree that' s on the property now, which I am trying to save. The
way the house is being situated now I. don't think would be inter-
fering with anybody else ' s privacy or anything. It would be
well wooded around it, and I don't see any reason why it should
be held up for that reason, you know.
MR. DOUGLASS ; Would you give your name, sir?
MR. REALE: . Numzio Reale.
MR. DOUGLASS : Is there anybody wishing to speak against
this application? (There was no response. )
MR. TUTHILL: I move it be granted as applied for.
After investigation and inspection, the Board finds that the
applicant is requesting in his application a rearyard setback of
40 foot due to the limited area in which cesspools can be placed,
and in order to preserve the old' and large trees on the lot. The
Board agrees with the reasoning of the applicant and the request
does not seem to be unreasonable as compared with other dwellings
in that immediate area.
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 proper-
ties alike in the immediate vicinity of the 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 made by Mr. Tuthill, seconded by Mr. Grigonis, it
was
RESOLVED, that NUMZIO REALE, 618 'Valmont Place', Elmont, New
York 11003 , BE GRANTED a variance to the Zoning Ordinance, Article
III , Section 100-31 for permission to construct dwelling with
insufficient rearyard setback of not less than 40 feet as applied
for. Location of property: 200 Hamilton Avenue, Cutchogue; Rava�
tone Realty Filed Map #539 , Lots 25 and 26; bounded northeast by
Hamilton Avenue, southeast by Modelewski, southwest by McCormack,
Rauch and Wehlau, northwest by Schroder.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis , Doyen
and Tuthill.
PUBLIC HEARING: Appeal No. 2643 . Application of MICHELLE
BECKER, Love Lane, Mattituck, New York 11952 , for a Variance to
the Zoning Ordinance, Article VII , Section 100-71 for permission
to construct addition in a B-1 zone with insufficient side and
front yards. Location of property: Love- Lane and Pike Street,
Mattituck; bounded north by L.I. Railroad, east by Gildersleeve,
south by Pike Street, west by Love Lane.
Southold Town .Board of Appeals -20- December 6 , 1979
The Acting Chairman opened the hearing at 8 : 50 P.M. by read-
ing the application for a variance, legal notice of hearing and
affidavits attesting to its publication in the- local and official
newspapers , Notice of Disapproval from the �Building Inspector, ,
and letter from the Town. Clerk that notification had been given
to adjoining property owners : James and Pauline Gildersleeve,
L.I. Railroad, Southold Town. Building Department; fee paid $15 . 00.
MR. DOUGLASS: We have a copy. of the plan showing the proposed
addition. I also have a section of the County Tax Map showing that
piece -of property and showing all the surrounding pieces of proper-
ty in that .area. Is there anybody in the audience that would like
to speak • in favor of this application?
MICHELLE BECKER: Like I put down in, my resume, I do want to
put it back to its original, . well, it's original."'-bulilding. What
I have here is a picture of how when it was originally owned by
Gildersleeve, as you know, it goes all the way up to Love Lane.
This was a general store at the time. What I would like to do is
to go out. to Love Lane. The only thing I have here is what I
purchased. ' This was originally the gas station, and as you could
see it was quite an eye sore in town. It' s right against the
railroad tracks. It was boarded up, it had all the cars in front
of it. It .was really the bad side of town. ' And I believe I
handed in pictures showing you what it' looks like now as a beauty
parlor. I have a letter here from John Kanas, . President of the
North Fork Bank.
MR. TUTHILL: Please give that to Mr. Douglass when you are
finished.
MR. DOUGLASS : That' s all right. You can explain it and read
it.
MS. BECKER: What this is for, he feels that my addition would
be an asset. to the town because 1 have proven already what I did
with the gas station and made it an asset to the town. And this
is a letter from William Wickham, . -the attorney in Mattituck, also
he felt that what I did once before was an asset for the town, and
my addition could only enhance the town once,,-.,again. And the'ole'
cliche' . This is the architect' s drawing of what it will look
like when it' s complete.
MR. TUTHILL: Including the ,setbacks.
MS . BECKER:_ That was a gas station. Right here is Love Lane.,
MR. DOUGLASS: You just said a minute ago that you wanted to
come to Love- Lane but you have asked to hold a 3-foot- setback.
MS . BECKER: Well, right, three feet, because what I was
doing was putting the portico that now exists around the building
on the addition.
Southold Town Board of Appeals -21- December 6 , 1979
MR. DOUGLASS : So it will be three feet back.
MS. BECKER: Yes , three feet. And one thing I would like to
add, putting in the addition I 'm not losing any parking space
because with ,the addition and with the amount of property that
I own, I have enough room for 21 cars with this addition. And
everyone else in town, they don 't even have room for one car
because they don't have a parking field. They have to use the
municipal parking field. So I feel that between the addition,
the asset to the town and the parking, it only intends to enhance
the town.
MR. . TUTHILL: There ' s public parking right over in this area
across. the street, too.
MS . BECKER: Right. But at one time we never even have 21
cars. If we did, I 'd have a booming business.
MR.- DOUGLASS : You might have it here.
MS . - BECKER: Do you want me to leave this , too?
MR. DOUGLASS : No. You keep that, have it framed.
MS. BECKER: . Thank you.
MR. , DOUGLASS : Thank you, ma'am. Is there anybody else
wishing to speak for this application?
GEORGE PENNY III : I would like to speak-
MR. DOUGLASS : Would you give your name, please?
MR. PENNY: My name is George Penny and I 've lived in Matti-
luck for quite a few years. You don't have to put that in the
record, do you, Bob, how long it.' s been?
MR. TUTHILL: I know.
MR. PENNY: Michelle has been a real addition to our business
community when she started the change of the gas station there
into a beauty parlor, it was a real improvement on that corner.
And across the whole Village. From that started to look around
and see what they needed to do to beautify themselves , and they
have done a pretty good job. They have a long way to go yet
but they have. done a good job. Michelle is very highly thought
of in the community by the business people and the local residents
and she has been so highly thought of that she was recently
elected as President of the Mattituck Chamber of Commerce. And
she is very active in all our community affairs, and I know that
anything that she did would be for the benefit of the community
and not in any way detrimental to it.
MR. DOUGLASS : Thank you, Mr. Penny. Is there anybody else
Southold Town Board of Appeals -22- December 6 , 1979
wishing to speak for this application?
STEVE PERRICONE: I 'm in favor of this application by Michelle
because I think it ' s just going to conform to the rest of this
town. The southeast corner and the southwest corner of Love Lane
now do have buildings as. Michelle said, right to the property line
and if she does put this building up, it' s going to conform to
the rest of the town. As far as parking goes, none of the other
businesses in town have their own. parking to begin with. They use
the municipal parking. There is also parking from the firehouse
on Pike Street to the west end of Pike Street, and . also from the
North Road ,and Love Lane to 25 , which is ample parking. There is
also parking across, the street along the railroad tracks,in back
of Raynor-Suter Hardware Store and in back of the post office.
So I don't see where a parking problem should even be brought into
this matter as far as that goes. And I think she is going to do
a real good job, and I think she should have it.
MR. DOUGLASS : Thank. you, sir . Is anybody else wishing to
speak for this application? (There was no response. ) Is there
anybody wishing to speak against the application? (There was no
response. ) Well, it seems like we are pretty much in agreement
in what kind of a job she does.
MR. TUTHILL: How does, she cut hair?
MR. DOUGLASS : I don 't know. You' ll have to ask some of the
woman, unless you go there. I heard you put in for an application.
MR. TUTHILL: I 'll be very- happy to make a motion that this
be approved.
After investigation and inspection, the Board finds that the
applicant requests to put an addition to the present beauty
parlor which i-s located in a B-1 zone, and requests a sideyard
setback of not less than 4-1/2 feet and a frontyard setback of
not less than three feet. The addition as proposed would -be 'in
conformity with the neighborhood and meets all, the other require-
ments of the Code of the Town of Southold and Bulk and Parking
Schedule. The Board agrees with the reasoning of the applicant.
The Board finds that strict application of the ordinance
would produce practical difficulties or unnecessary hardship; the
hardship created is unique and would not be shared by all proper-.
ties alike in the immediate vicinity of the 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 made by Mr. Tuthill, seconded by Mr. Grigonis , it
was
RESOLVED, that MICHELLE BECKER, Love Lane, Mattituck, New
York, BE GRANTED a Variance to the Zoning Ordinance, Article VII,
Southold Town Board of Appeals -23- December 6, 1979
Section 100-71 for permission to construct addition in B-1 Zone
with an insufficient sideyard setback of not less than 4-1/2 feet
and frontyard setback of not less than three feet, SUBJECT TO
THE FOLLOWING CONDITIONS :
l) Southold Town Planning Board approval of parking plan
and Site Plan,
(2) Suffolk County Planning Commission recommendations.
Location of property: Corner of Love Lane and Pike Street,
Mattituck; bounded north by Long Island Railroad, east by Gilder-
sleeve, south by Pike Street, west by Love Lane.
Vote of the Board: Ayes : Messrs: Douglass, Grigonis, Doyen
and Tuthill.
PUBLIC HEARING: Appeal No. 2642 . Application of WILLIAM
HEINS , Main Road, Orient, New York 11957 , for a Variance to. the
Zoning Ordinance, Article VI, Section 100-71 for permission to
construct addition for- second business with insufficient sideyard.
Location of property: 22350 lain Road, 55 Oysterponds Road,
Orient; bounded north by Main Road., west by Oysterponds Road,
south by Rackett, east by King:
The Acting Chairman opened the hearing at 9 : 07 P.M. by
reading the application for a variance, legal notice of hearing
and affidavits attesting to its publication in the local and
official newspapers; Notice of' Disapproval from the. Building
Inspector, and letter from the Town Clerk that notification had
been given to adjoining property owners : Floyd King, Jr. and
Frederick Rackett; fee paid $15.: 00.
MR. DOUGLASS : I have a survey of the lot with the plans
drawn on it, and I have a section of the County Tax Map showing
that- property and the surrounding properties. This property is
in a B"I Zone. Is there .anyone wishing to speak for this appli-
cation?
Board-of_Appeals Member Terry Tuthill left the room for a
few moments.
ROBERT HEINS : I feel that if you gentlemen have gone out
and seen the before and after of what is going on out there,
that you can see it is adding to the beauty of Orient, and I
feel what my father is putting in would be something else for
tourists. And he didn't know for sure what was going in there,
but it is going to be something to bring the tourists in and
I think it will help the community.
MR. DOUGLASS : Is there anybody else wishing to speak for
this application? (There was no response. ) Is there anybody
Southold Town Board of Appeals -24- December 6 , 1979
wishing to speak against this application?
WILLIAM TERRY JR: My name is William Terry Jr. and I oppose
, the granting of the variance. The property is much too small for
the present businesses, and there definitely is no room for any
additional. I 'm sure the Board knows better than I about parking
area. Something like one parking space for 100 foct� of floor space,
something like that. Therefore, I oppose the granting of the
variance. And while I 'm on my feet I 'm supposed to say, by _
sayingthis it .may be too late, but I was also .a.sked -that-,the Board
of Historical -Society is meeting tonight on the Historical Dis-
trict of Orient, and a letter of opposition will follow to the
Board tomorrow or the next day. And I had two long distance
calls from Jack Hamilton and Charles Schneider, also in opposition.
MR. DOUGLASS : Is there anybody else wishing to speak for or
against this application? Do you have another word, sir?
MR. HEINS : In regard to the parking, we have checked with
as far as how many spaces we need and there is more than adequate
space for parking.
MR. DOUGLASS : Well, that' s controlled by the Zoning Ordi-
nance anyway. What you have to have, the amount that you have to
have is controlled by the Zoning Ordinance. Would you look at ,
this. Is this an accurate picture of what you have done so far?
MR. HEINS : Yes, I would say so.
MR. DOUGLASS : Thank you, sir. At this time, I would like to
postpone decision on this until we have a chance to sit down and
go over all of this that we have here. So I would put a motion
on the floor to postpone this decision until we go over all of
the otherStonight.
On motion made by Mr. Douglass, seconded by Mr. Doyen, it
was
RESOLVED, that the matter of WILLIAM HEINS, Main Road, Orient
New York 11957 , Appeal No. 2642 , BE POSTPONED ITS DECISION at a
later time.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, and
Doyen. Absent from the room: Messr. Tuthill. -
*
PUBLIC HEARING: Appeal No. 2641 . Application of J.B. HARTS-
FIELD, Box 232 , Fishers Island, New York for a Variance to the
Zoning Ordinance, Article III, Section 100-31 for permission to
construct dwelling with insufficient front and rear yards . Loca-
tion of property: Right-of-way off Fox Avenue, Fishers Island;
bounded north by Figall , east by F.I . Utility Co. , south by
Wheeler, west by Phelps.
Board of Appeals Member Terry Tuthill returned at 9 :i6 P.M.
Southold Town Board of Appeals -25- December . 6 , 1979
The Acting Chairman opened the hearing at 9 :16 P.M. by read-
ing the application for a variance, legal notice of hearing and
affidavits attesting to its publication in the local and official
newspapers, Notice of Disapproval from the Building Inspector, and
letter from the Town Clerk that notification had been given to
adjoining property owners as follows: ' A.C. Abbott, Stowe C.
Phelps, F. I . Utility Co , and Stephen Figall; fee paid $15 . 00 .
MR. DOUGLASS : I have a survey of the property showing what
is on it now and where the proposed home would be. I also have
a section of the County Tax Map showing that property and the
surrounding properties. And 'it is within the same size category
as those in the surrounding areas. Is there anybody here wishing
to speak for this application? Is there anybody wishing to speak
against this application? (There was, no response. )
MR. DOUGLASS ; We have a couple of letters here, and this
one must be the neighbor, right?
SERGE DOYEN: Yes , that' s the neighbor that would be
affected by the rearyard variance. His home is very near that.
It is very near up against the lot line. So he would be affected
two ways, by the occupancy of the dwelling and the height of it.
MR. DOUGLASS : Ok. Letter dated December 2 , 1979 from
Stowe C. Phelps :
. . .The undersigned respectfully requests. the Board of Appeals
of the Town of Southold to deny the Petition for a Variance
filed by J.B. Hatsfield, Box 232 , Fishers Island, NY, Appeal
No. 2641 unless certain restrictions specified below are made
part of the varlance:, based on-considerations . . Ia) that the
undersigned is the owner of the property adjacent to and west
of said Hartsfield property, and that I am the Phelps cited
in the Petition aforementioned; (b) that the Hartsfield
property presently contains three dwellings, each on lots
smaller than permitted by current zoning ordinances; (c)
that current zoning restrictions require a setback of 50 feet
in front and' rear of any dwelling from the property line;
(d) that all three existing Hartsfield dwellings are in viola-
tion of the current 50-foot setback ordinances, both •,front
and rear; (e) that one of the Hartsfield dwellings, the
garage apartment, is situated approximately six feet from
the Phelps property, and is in gross violation of setback
regulations; (f) that J.B. Hartsfield requests a variance
in order to erect a fourth dwelling on a lot smaller than
permitted by current zoning ordinances; and that he is re-
questing a further variance from setback ordinances, said
further variance being by the amount of 23/50ths in front
and 27/50ths in the rear. The restrictions requested by the
undersigned are. . . (1) That any dwelling to be built on the
property for which this variance is requested be limited in
height to one story above ground, and that no second story,
attic or other structure may be built over it now or in the
Southold Town Board of Appeals -26- December 6 , 1979
future; (2) that no part of any dwelling to be erected on the
property, or added to the proposed dwelling thereon, now or
in the future, may be closer than 27 feet to the western edge
of said property, said edge being the line between the Harts-
field and Phelps properties; (3) that no additional or separate
structures of any kind may be erected on said property; (4)
that the dwelling on this property be restricted to single
family residence. , . . The other letter here is from the
applicant. Do you wish � to make a motion on this?
MR. DOYEN: Yes. I make a motion that it be approved as
applied for with the provisions that it be limited, the struc-
ture be limited to one-story.
MR: DOUGLASS : How about-some of these other things from
the neighbor?
MR. DOYEN: That ' s automatically. That ' s part of their
determination, they can 't do those things anyway. -
MR. DOUGLASS : Well, he can put a garage on.
MR. DOYEN: No, I don 't believe so. That ' s a terribly
undersized lot, unless he came back here for another appeal , I
wouldn't know where he could put it. It' s quite an undersized
lot.
MR. DOUGLASS : It' s undersize except in the area that it' s
in.
MR. DOYEN: That makes no difference. That's in single
and separate ownership. So it has nothing to do with undersize
lots in the remaining area in this instance.•
MR. DOUGLASS : I think we should put the rest of these on
it then because it spells it out.
MR. DOYEN: The rest of what?
MR. DOUGLASS : The rest of Phelps restrictions .
MR. DOYEN: What are you eluding to specifically?
MR. DOUGLASS : Well , these statements are that there can'•t
be any dwellings on there, and that it stays single family and
so on and so forth.
MR. TUTHILL: Wouldn't they have to come before us for those
things anyhow?
MR. DOYEN: They have to come before this Board anyway.
It doesn't make any difference. The applicant has a copy of
that letter. All the provisions of that letter he is perfectly
happy to comply with because it ' s part of the determination anyway
Southold Town Board of Appeals -27- December 6 , 1979
in effect.
MR. DOUGLASS : Well, then put it in and it' s stipulated.
MR: DOYEN: Well, I don't know why Mr. Phelps can ask for
all these things that we don't always accede to everything
everybody asks for just because they object to this. Because
he objects to it, we don't have to make those restrictions .
I think he ' s getting the same consideration when restricting
it with one level , is the important thing, and the remainder
is up to the Board-in the future if he so desires to put a
garage, it ' s up to us to determine it at that time whether he
should have a garage or not. _
MR. DOUGLASS : So, your motion is on the floor then to
just restrict it to the,
MR. DOYEN: Exactly as applied for with the restriction
that the structure be limited to one story.
After investigation and inspection, the Board finds that
the applicant is requesting to construct dwelling with an
insufficient frontyard setback of 23 feet and rearyard set-
back of 27 feet due to the configuration and topography of
the lot, the character of which does not differ from those
within the immediate area. The Board agrees with the reason-
ing of the applicant.
The Board finds that strict application of the ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of the 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 made by Mr. Doyen, seconded by Mr. Tuthill, it
was
RESOLVED, that J.B. HARTSFIELD, Box 232 , Fishers Island,
New York BE GRANTED a variance to the Zoning Ordinance, Arti-
cle III, Section 100-31 for permission to construct dwelling
with a frontyard setback of 23 feet and a rearyard setback of
27 feet as applied for, SUBJECT TO THE FOLLOWING CONDITION:
That the dwelling be limited to one story.
Location of property: Right-of-way off Fox Avenue,
Fishers Island; bounded north by Figall, east by F. I. Utility
Co. , south by Wheeler, west by Phelps. 1000-06-06-006 .
Vote of the Board: Ayes : Messrs. Douglass , Grigonis , Tut-
hill and Doyen.
Southold Town Board of Appeals -28- December 6 , 1979
PUBLIC HEARING: Appeal No. 2639 . Application of JOHN
LOUIS MOUNTZOURES , c/o Fishers Island Fruit and Produce, Box
305 , New London, Connecticut 06320 , for a Variance to the
Zoning Ordinance, ArticleVII, Section 100-71 for permission
to construct addition in a B-1 zone with insufficient sideyard.
Location of property: Equestrian Avenue, Fishers Island;
bounded north by R. Dupont, Jr. , east and south by Equestrian
Avenue, west by H.L. Ferguson Museum Inc .
The Acting Chairman opened the hearing at 9 : 34 P.M. by
reading the application for a variance, legal notice of hearing
and affidavits attesting to its publication in the local and
official newspapers, Notice of Disapproval from the Building
Inspector, and letter from the Town Clerk that notification
to adjoining property owners was made to: Town Clerk, Town of
Southold; Reynolds Dupont Jr. c/o The Liquor Store; Henry L.
Ferguson Museum c/o Ferry Edwards as Treasurer; fee paid $15 . 00.
MR. DOUGLASS : I have a copy of the plan showing the
entrance porch, or ramp or whatever you want to call it, across
the back, that he desires . And I have a section of the County
Tax Map showing this property and the surrounding properties.
I also have a drawing of what the ramp will look like, with a
shelter over it. Is there anybody in the audience wishing to
speak for this application? (There was no response. ) Is
there anybody in the audience wishing to speak against this
application? (There was no response. ) If not, I will enter-
tain a motion that this be granted.
MR. DOYEN: I 'll make the motion.
MR. DOUGLASS : I ' ll second the motion. It' s in quite. a
dangerous situation. It ' s right on one of the worst turns on
Fishers Island.
MR. DOYEN:, It' s an extremely bad turn.
MR. DOUGLASS : This will have to go to the Planning Board
because of the zone it ' s in for parking and screening approval,
and then it goes to the County Planning Commission for approval
which we will send in.
After investigation and inspection, the Board finds that
the applicant is requesting a five-foot sideyard setback from
the property line adjoining the Dupont property, north of
the subject property in order to install a loading ramp in
a more practical and less dangerous area than he is presently
using at the front of the business. The Board agrees with the
reasoning of the applicant.
The Board finds that strict application of the ordinance
would produce practical difficulties and unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity,. of the property and
in the same use district; and the variance will not change the
Southold Town Board of Appeals -29- December 6 , 1979
character of the neighborhood and will observe the spirit of
the ordinance.
On motion made by Mr. Doyen, seconded by Mr. Douglass, it
was
RESOLVED, that JOHN LOUIS MOUNTZOURES, c/o Fishers Island
Fruit and Produce, Box 305 , New London, Connecticut 06320, BE
GRANTED a variance to the Zoning Ordinance, Article VII , Sec-
tion 100-71 for permission to construct addition in a B-1 Zone
with an insufficient sideyard setback of not less than five
feet as applied for, SUBJECT TO THE FOLLOWING CONDITION.:-
(1) That approval be obtained from the Southold Town
Planning Board of the parking and screening area required
in this commercial zone.
Location of property: Equestrian Avenue, Fishers Island;
bounded north by R. Dupont, Jr. , east and south by Equestrian
Avenue, west by H.L.-Ferguson Museum Inc.
Vote ,of the Board: Ayes: Messrs. Douglass, Grigonis,
Tuthill and Doyen.
On. motion made by Mr . Douglass, seconded by Mr. Tuthill,
it was
RESOLVED, to recess this meeting for five minutes.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis,
Tuthill and Doyen.
PUBLIC HEARING: Appeal No. 2646 . Application of SALVA
TORE LORIA (New Suffolk Fishing Station) , First Street, New
Suffolk, New York for a Special Exception to the Zoning Ordi-
nance, Article VII, Section 100-80 (B) for permission to
construct addition in C-Zone. Location of property: First
and King Streets, New Suffolk, New York; bounded north by King
Street, east by Cutchogue Harbor, south by North Fork Ship-
yard, west by First Street.
The Acting Chairman opened the hearing at 9 :50 P.M. by
reading the application for a Special Exception, legal notice
of hearing and affidavits attesting to its publication in the
local and official newspapers, Notice of Disapproval from the
Building Inspector, and letter from the Town Clerk that noti-
fication to adjoining property owners was made to: North Fork
Shipyard; fee paid $15 . 00 .
Southold Town Board of Appeals -30- December 6, 1979
MR. DOUGLASS : I have a copy of the map with the proposed
addition on it. I also have a section of the County Tax Map
showing that piece of land and the surrounding properties. Is
anybody wishing to speak for this application? Would you give
youri.name, sir?
PHIL LORIA: I would like to say that the building is a
necessity to our business whereas we are exposed to the area
within .two weeks , for a working area and storage of our equip-
ment. Thank you.
MR. DOUGLASS : Is there anybody else wishing to speak for
this application? (There was no response. ) Is there anybody
wishing to speak against this application? (There was no
response. ) Hearing none, I would like to ask a couple of
questions of you, sir. At the present time, you have a small
building moved into that area, right?
MR. LORIA: Yes.
MR. DOUGLASS : What is your intention for that small build-
ing?
MR. LORIA: Possibly we're going to take it, you know,
disassemble it and take it down. It' s a portable building, it' s
not on any foundation, it's just sitting on some cement blocks.
MR. DOUGLASS : All right. Well, what I am getting at, if
this is granted, the small building will have to go, it cannot
be set on any other place on the property.
MR. LORIA: No, that will be gone. We will take care of
that.
MR. DOUGLASS : In other words , then what you are asking for
is you're covering the area where that little building is now,
up to your. other section out by the street.
MR. LORIA: Right. We just want to attach the two build-
ings , whereas so we could put a concrete floor in there. To
make a regular shop out of it. Right now it' s a hazard because
of the couple of steps going up and down. We work on motors in
there, and carrying the motors in and out, it could be a little
dangerous.
MR. DOUGLASS : Thank you. Is there anything else that the
Board would like to know?
MR. GRIGONIS : No . That answers what I had in mind.
MR. DOULASS : Then I will propose a motion granting this
application to extend the west end of your present building
with the note that the little building that is presently there
must be removed and not situated anywhere else on the property.
' Southold Town Board of Appeals -31- December 6 , 1979
After investigation and inspection, the Board finds that the
applicant . is requesting a Special Exception to the Zoning Ordinance
to construct an addition in a C-Zone in order to attach the exist-
ing buildings. The applicant has confirmed that he will take the
small building that exists with no foundation down. . The Board
does not feel that the granting of this application would set any
unusual precedence in the neighborhood, and the Board does agree
with the reasoning of the applicant.
The Board finds that strict application of the ordinance would
produce practical difficulties and unnecessary hardship; the hard-
ship created is unique and would not be shared by all properties
alike in the immediate vicinity of the 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 made by Mr. Douglass, seconded by Mr . Grigonis, it
was
RESOLVED, that SALVATORE LORIA, First Street, New Suffolk,
New York 11956 , BE GRANTED a Special Exception to the Boning
Ordinance, Article "VII , Section 100-80 (B) for permission to con-
struct addition in C-Zone as applied for, SUBJECT TO THE FOLLOW-
ING CONDITIONS :
(1) That the small shed presently on the subject premises
between the east and west buildings be removed entirely off the
premises ,
(2) That the .applicant obtain approval from the Southold
Town Planning Board for'. the Site Plan, pursuant to Article
VIII, Section 100-80 (B) (14) and Article XIII,
(3) That the applicant apply to the Suffolk County Planning
Commission for its recommendation therefor.
Location of property: First and King Streets, New Suffolk;
bounded north by King Street, east by Cutchogue Harbor, south by
North Fork Shipyard, west by First Street.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tuthill
and Doyen.
Southold Town Board of Appeals -32a- December 6 , 1979
PUBLIC HEARING: Appeal No. 2638 . Application of HERBERT and
KATHLEEN MUNCY, Box 343 , Old Orchard Lane, East Marion, New York
11939 , for a Variance to the Zoning Ordinance, Article III, Sec-
tion 100-31 for permission to divide property with insufficient
area and width. Location of property: Old Orchard Lane, East
Marion; Gardiners Bay Estates Section II , filed Map #275, Lots
No. 64 , 65 and 66 .
The Acting Chairman opened the hearing at 10 : 00 P.M. by read-
ing the application for a variance, legal notice of hearing and
affidavits attesting to its publication in the local and official
newspapers; Notice of Disapproval from the Building Inspector,
and letter from the Town Clerk that notification to adjoining
property owners was made to : R. Frentzel, H.C. Hees , H. Schaller
and J. Dzenkowski; fee paid $15 . 00.
MR. DOUGLASS : I have a survey here of the parcels that they
own, the three parcels, and the way it would be divided in the
middle and made two parcels out of three, showing the present
summer house that ' s on the one parcel, its location and showing
the desired parcel. I also have a section of the County Tax Map
showing these parcels and the surrounding parcels. Gardiners Bay
Estates was broken up well before any practical zone was in. Is
there anybody in the audience wishing to speak for this application?
MR. SPAHR: Well, I am a neighbor--
MR. DOUGLASS : Would you give your name to the steno, please?
MR. SPAHR: Spahr, (first name) August, and I have spoken to
some of the other neighbors around there, and there are absolutely
no objections , so it is my feeling that the application should be
approved.
MR. DOUGLASS : Is there anybody else wishing to speak in favor
of this application?
JOE DZENKOWSKI : I own land around these two lots , and I am
in favor of it.
MR. DOUGLASS : Thank you. Is there anybody wishing to speak
against this application? (There was no response. ) Hearing none
and after going over it and taking pictures of it, the surrounding
neighborhood has houses that are on much less property than they
will be dividing this into. It makes a pretty good sized lot for
Gardiners Bay Estates. I would thereby make a motion granting this
appeal to subdivide these three lots into two, in other words they
are increasing the size of the lots for these people.
After investigation and inspection, the Board finds that the
applicants are requesting to subdivide property which was at one
time three legal lots , but because of merged ownership deemed to
be one parcel. By re-dividing this property into two lots, the
lots would still be larger than the other lot sections in that
neighborhood. The Board does agree with the reasoning of the
applicants.
' Southold Town Board of Appeals -32b- December 6 , 1979
The Board finds that strict application of the Ordinance
would produce practical difficulties and unnecessary hardship;
the hardship created is unique and would not be shared by all z
properties alike in the immediate vicinity of the property n
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.
0
a
On motion made by Mr. Douglass, seconded by Mr. Grigonis,
it was
N
RESOLVED, that HERBERT MUNCY and KATHLEEN MUNC.Y, Box 343 , 000
Old Orchard Lane, East Marion, New York 11939 , BE GRANTED a
Variance to the Southold Town Zoning Ordinance, Article,- III,
Section 100-31 for permission to divide property with- insuffi-
cient area and width as applied for, SUBJECT TO THE FOLLOWING
CONDITION:
(1) That the applicants obtain Southold Town Planning
Board approval for a minor subdivision.
Location of property: Old Orchard Lane, East Marion, New
York; Gardiners Bay Estates Section II , filed Map #275 , Lots
64 , 65 and 66; bounded north by Dzenkowski, east by Old Orchard
Lane, south by Frentzel, west by Heess and Schaller. Suffolk
County Tax Map Item No. 1000-37-2-7 and 6 .
a
Vote of the Board: Ayes: Messrs. Douglass, Grigonis,
Tuthill and Doyen.
Southold Town Board of Appeals -33- December 6 , 1979
PUBLIC HEARING: Appeal No. 2647 . Application of RALPH
MARTIN, JR. , Old Orchard Lane, East Marion, New York for a
Special Exception to the Zoning Ordinance, Article III, Sec-
tion 100-30A for permission to conduct a gunsmith dealership
in an A-Residential District. Location of property: 2555
Old Orchard Lane, East Marion, New York; Gardiners Bay Estates
Section II, filed Map #275 , Lot #6 .
The Acting Chairman opened the hearing at 10 : 08 P.M.
MR. DOUGLASS : I have affidavits attesting to the fact
that this was published in the local and official papers and
that it has been turned down by the Building Inspector. And
we have notice from the Town Clerk that the adjoining neighbors
had been notified. At this point, it is not imperative that I
read and go through any of the rest of the facts because I have
in my possession here a letter from the applicant as follows:
Old Orchard Lane
Box 203
East Marion, NY 11939
December 5, 1979
. . .At this time I wish to have my application for a "Special
Exception" with regard to my residence as indicated above
withdrawn from the agenda of the meeting of the Board of
Appeals on December 6 , 1979 . . . . Signed Ralph Martin, Jr.
MR DOUGLAS.S :.Due,:;to this letter of request from the applicant
I will make a motion that this application be withdrawn without
prejudice.
On motion made by Mr. Douglass, seconded by Mr. Grigonis,
it was
RESOLVED, that the application of RALPH MARTIN, JR. , Old
Orchard Lane, Box 203 , East Marion, New York 11939 , BE WITH-
DRAWN WITHOUT PREJUDICE.
Location of property: Old Orchard Lane, East Marion;
Gardiners Bay Estates Section II, Filed Map #275, lot #6 .
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Doyen
and Tuthill.
Southold Town. Board of Appeals -34- December 6 , 1979
PUBLIC HEARING: Appeal No. 2648 . Application of JOANN and
FRANK- RIZZO, 150 Maple Road, Southold, New York 11971, for a. Vari-
ance to the Zoning Ordinance, Article III , Section .100-32 for
permission to construct swimming pool in sideyard. Location of
property: 150 Maple Road, Southold; bounded northeast by Domurat,
southeast by Ganassa, southwest by Maple Road, northwest by Cal
lahan.
The Acting Chairman opened the hearing at 10:10 P.M. by
reading the application for a variance, legal notice of hearing
and affidavits attesting to its publication in the local and
official newspapers, Notice of Disapproval from the Building
Inspector; and letter from the Town. Clerk that notification to
adjoining property owners was given to: S. Dumurat, Mr. Callahan, •
Charles Ganassa; fee paid ,$15. 00 .
MR. DOUGLASS : I have a copy of the survey showing the house
and the placement of the pool, and I have a section of the County
Tax Map showing that property and the surrounding properties, and
we.-were up. We took pictures of it. Is there anybody.-. that
Wishes to speak for :this application?
FRANK RIZZO: Well, actually we have a hill right behind the
house and there ' s just so many feet behind before the , hill starts
rising, and there ' s really no usable space back' there, for a pool
and as far as getting around it and everything. I have plenty of
room in the sideyard which would, you know, be quite comfortable
over there, and it wouldn't be in anybody's way, and it wouldn't
be an eye sort to the neighborhood.
MR. DOYEN: How close to the sideyard.
MR. DOUGLASS : It'-Is only partially in the sideyard.
MR: DOYEN: No, how much sideyard from the lot line?
MR. DOUGLASS : Well, it's 10 feet from the house and it' s
only about half. in the side yard. - You,.-!re still in the rearyard
for half of it.
MR. RIZ'ZO: `,But it extends up into the sideyard.
MR. DOUGLASS : It extends up to about your fireplace chimney,
abo.ut. to the end of your chimney. It .doesn 't come anywhere neat
the side line.
MR. DOYEN: Oh, he has all this sideyard area here. Ok.
MR. DOUGLASS : Well, under the. regulations they are allowed
to go within three feet of the sideyard anyway, but he has a lot
more than that with it. Is there anybody else wishing to speak
for it, or against it? (There was no response. )
After investigation and inspection, the Board finds that
Southold Town Board of Appeals -35- December 6 , 1979
the applicants are requesting to place a swimming pool in the
sideyard area for which there is sufficient sideyard setback
due to the 15-foot hill in the rearyard. The Board agrees
with the reasoning of the applicants.
The Board finds that strict application of the ordinance
would practical difficulties or unnecessary hardship; the
hardship created is unique and would not be shared by all
properties alike in the immediate vicinity .of the 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 made by Mr. Grigonis, seconded by Mr. Douglass,
it was
RESOLVED, that JOANN and FRANK RIZZO, 150 Maple Road,
Southold, New York 11971 , BE GRANTED a Variance to the Zoning
Ordinance, -Article III, Section 100-32- for permission to con-
struct swimming pool in sideyard area as applied for, SUBJECT
. TO Town of Southold Building regulations concerning swimming
pools conformity.
Location of property: 150 Maple Road, Southold, New York;
bounded northeast by Domurat, southeast by Gannassa, southwest
by Maple Road, northwest by Callahan.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Doyen
and Tuthill .
PUBLIC HEARING: Appeal No . 2640. Application of GRACE
KEYOUNG PARK, Elijah' s Lane, Mattituck, New York 11952 , for a
Variance to the Zoning Ordinance, Article III , Section 100-32
for permission to construct accessory building in side yard.
Location of property: 3435 Elijah' s Lane, Mattituck; bounded
north by Park, east by Elijah' s Lane, south by Stahler, west
by Zanieski.
The Acting Chairman opened the hearing at 10 :17 P.M. by
reading the application for a variance, legal notice of hearing
and affidavits attesting to its publication in the local and
official newspaper, Notice of Disapproval from the Building
Inspector, and letter from the Town Clerk that notification
to adjoining property owners was given to : Young JA Park,
Zanieski Farms Inc. , Jane M. Stahler; fee paid $15 . 00 .
MR. DOUGLASS : We have the dimensions of the proposed
greenhouse. It will not protrude past the house on the
frontyard area. In fact it will be back: about 20 feet from
the frontyard edge of the main house. It will be in a little
alcove next to the chimney in the sideyard by the side door;
it will be about four feet from the chimney and will extend
` Southold Town Board of Appeals -36- December 6 , 1979
18 feet wide and 17 feet deep from that location. And that
brings it just about to the rear corner of the house so that
it will not protrude out to the rear yard, and the north winds
that blow. Is there anybody wishing to speak for it? Is there
anybody wishing to speak against the application? (There was
no response from the audience. )
TERRY TUTHILL: I would like to ask if the survey shows
the outline of the proposed addition.
MR. DOUGLASS : No, it doesn't.
MR. TUTHILL: Don't you think, Bob, that we will -have to
get that.
MR. DOUGLASS : I think it could be put right in.
MR. TUTHILL: That would be fine, I 'm not in favor of
delaying this , but I am in favor of granting this, but I think
for the Building Department we will have to show--
MR.- DOUGLASS : We will stipulate where it can be placed.
MR. TUTHILL: Because where it ' s supposed to be-
MR. DOUGLASS ; For where they are asking for it as they
told us.
MR. TUTHILL: Under those circumstances and that stipulation
for our files., I ' ll be glad to make a motion. I think this is in
keeping with the area, and as a matter of fact, not only is it in
keeping but it' s close to the railroad, it' s near a railroad, and
this little greenhouse is going right out in the farmland.
After investigation and inspection, the Board finds that the
applicant is requesting to build a greenhouse in the sideyard
area and that the dimensions of the accessory building are as
follows : Length: 17 feet, height: 8 feet 7 inches , width:
18 feet. It will be 45 feet from the sideyard. The Board
agrees with the reasoning of the applicant.
The Board finds that strict application of the ordinance
would produce practical difficulties and unnecessary hardship;
the hardship created is unique - and would not be shared by all
properties alike in the immediate vicinity of the 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 made by Mr. Tuthill, seconded by Mr. Douglass,
it was
RESOLVED, that GRACE KEYOUNG PARK, Eli.j.ah' s Lane, Mattituck,
' Southold Town Board of Appeals -37- December 6, 1979
New York, be GRANTED a variance to the Zoning Ordinance, Article
III , Section 100-32 for permission to construct accessory build-
ing in side yard as follows:
The northwesterly corner: of.. the proposed greenhouse to be
situated approximately four feet from the chimney and extending
southerly approximately 17 'and 3/4" therefrom, then extending
easterly approximately 8 feet in width, and running northerly
approximately 17 feet 3/4 inches long, and running approximately
8 feet westerly to join. forming a rectangular-shaped greenhouse
(accessory building) . This described location is more particu-
larly drawn on the applicant's survey submitted'_'with her appli-
cation.
Location of property: 3435 Elijah' s Lane, Mattituck; bounded
north by Park, east by Elijah' s Lane, south by Stahler, west
by Zanieski. Suffolk County Tax Map Item No. 1000-108-004-7 . 20 .
Elijah' s Lane Estates, filed Map No. 6065 , Lot No. 17 .
Vote of the Board Ayes : Messrs. Douglass, Grigonis ,
Tuthill and Doyen.
Resolution regarding the application of WILLIAM HEINS,
Appeal No. 2642 , for a variance to the Zoning Ordinance,
Article VI Section 100-61 for permission to construct addition
for second business with insufficient sideyard.
After investigation and inspection, the Board finds that
the applicant .is requesting permission to construct addition
in a B-1 Zone in order to obtain a fair return for this
property in order to maintain a good appearance of this.
building and not cause an eye sore, in this area. The addition
will leave a minimum of 14 feet sideyard area on the east and
would not change the setback of the rearyard as it now exists
nor would it change the setback of the frontyard as it already
exists. The Board agrees with the reasoning of the applicant.
The Board finds that strict application of the ordinance
would produce practical difficulties and unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of the 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 made by Mr. Douglass , seconded by Mr. Grigonis,
it was
RESOLVED, that WILLIAM HEINS, Main Road, Orient, New York
BE ,GRANTED a variance to the Zoning Ordinance, Article VI
Section 100-61 for permission to construct addition for second
Southold Town Board of Appeals -38- December 6 , 1979
business with insufficient sideyard setback of not Less than
14 feet as applied for, SUBJECT TO THE FOLLOWING CONDITIONS :
(1) That the applicant erect a rail, or other barrier
between the highway and the parking area so that the entrance
and exit will be off of Oysterponds Road and not off the Main
Road, in order to prevent any backing off onto the State Road.
(2) That the applicant obtain Southold Town Planning
Board approval of the parking and screening area.
(3) That the old building in the rearyard be demolished
and removed; and that there be no other structures on the
subject property.
(4) That the applicant obtain Suffolk County Planning
Commission recommendation for the proposed project.
Location of property: 22350 Main Road, Orient, New York;
bounded north by Main Road (State Route 25) , east by King,
south by Rackett, west by Oysterponds Road.
Vote of the Board: Ayes : Messrs . Douglass , Grigonis,
Tuthill and Doyen.
On motion made by Mr. Douglass, seconded by Mr. Doyen, it
was
RESOLVED, that the next meeting of. the Southold Town Board
of Appeals be scheduled for Thursday, December 27 , 1979 and
that the following applications be advertised for a public
hearing at the below specified times :
7 :50 P.M. Y & C HOLDING CO. , Appeal No. 2650, for
approval of access.
8 : 00 P.M. MORCHEL, Gunter, Appeal No. 2649 , for
permission to construct fence over four
feet high.
8 :10 P.M. MORCHEL, Gunter, Appeal No. 2651, for
permission to construct fence (accessory)
in frontyard area.
8 : 25 P.M. REALE, James, Appeal No. 2653 , for permission
to construct structure in sideyard area.
8 :40 P.M. BOCKLET, Charles , Appeal No. 2654 , for per-
mission to utilize building as second
residence on same lot.
8 : 55 P.M. DEMPSEY, John R. , Appeal No. 2652 , for per-
Southold Town Board of Appeals -39- December. 6, 1979
mission to obtain frontyard setback variance.
9 : 10 P.M. % PERRICONE, Stephen J. and KOUSOUROS, Penelope,
Appeal No. 2587 , for permission to establish
disco bar with dancing.
Vote of the Board: Ayes: Messrs. Douglass , Grigonis, Doyen
and Tuthill.
On motion made by Mr. Douglass, seconded by Mr. Doyen, it
was
RESOLVED, that regarding the Decision of this. Board rendered
November 15 , 1979 , in the- matter -of GWYNNE CONSTRUCTION CORP.,
Main Road, Laurel, New York, APPEAL N0. 2634 , Condition No. (1)
shall be amended to read as follows :
(1) That if the model home living area is used for resi-
dential purposes, then any business conducted on the premises
must be conducted by the person (s) , residing thereon.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis,
Tuthill and Doyen.
On motion made by .Mr. Doyen, seconded by Mr. Douglass , it
was
RESOLVED, that the following 39.. sign renewal applications
be approved for the period of one year from the expiration date
noted on. each request:
Appeal No. Applicant Sign and Property Description
1285 Mattituck Lions Club Two off-premises information
signs of J. Duryee Estates,
Love Lane; . Mattituck.
-2374 Advent Lutheran Church One off-premises directional
sign. L/p: Bethany Cemetery
Association, N/s Main Road,
Mattituck, New York.
2375 E.L.I . Kampgrounds One off-premises directional
Inc. sign. L/P: S/s County Road
27 and Chapel Lane, Greenport,.
2490 Grabie-Scudder Appli-- One second wall sign on
ances , Inc. building located at S/s
Main Road, Mattituck, NY,
Southold Town Board of Appeals -40- December 6, 1979
Appeal No. Applicant Sign/Property Description
1477 Volinski Olds One on-premises ground sign.
S/s Traveler St, Southold.
999 Harold R. Reeve One side-wall sign and one
& Sons, Inc. front-wall sign. S/s Middle
Road, Mattituck.
1003 Richard E. MacNish One on-premises identifica-
tion sign. N/s Main Road,
Cutchogue.
1002 Mattituck Lanes One on-premises side-wall
sign. S/s Main Road, Matt.
1476 Volinski Olds One on-premises double-faced
projecting wall sign.
S/s Traveler St, Southold.
1693 George Ahlers, One over-sized sign. Els
Builder Cox Lane, Cutchogue.
1150 Kenneth Hagerman One off-premises combination
"Rotary and Lions Club" sign.
Fleet Lumber Co. , Main Road,
Greenport.
1150 Kenneth Hagerman . One off-premises combination
North Fork Lions "Rotary and Lions Club" sign.
King Greenport Associations .
1152 Cutchogue Post. One on-premises side-wall sign.
Office
975 Crescent Beach One off-premises directional
Motel, Inc. sign. S/s Main Road, East
Marion. (Dawn Estates prop. )
975 Crescent Beach One off-premises directional
Motel, Inc. sign. Emil Paupecki, Peconic.
977 Bernard Kaplan One on-premises directional
sign. S/s North Road, East
Marion.
1664 Beach Comber Motel One off-premises directional
sign. Depot La and Vista
Place, .Cutchogue.
1669 Beach Comber Motel One on-premises sign.
Depot Lane, Cutchogue.
2075 Wells Pontiac & Roof sign with height variance.
Cadillac Inc .
Southold Town Board of Appeals -41- December 6 , 1979
Appeal No. Applicant Sign/Property Description
959 J. Richard Holmes One on-premises building sign.
Cox Neck Road, Mattituck.
959 J. Richard Holmes One off-premises directional
sign. Jim Norris property,
n/e corner of Cox Neck Road
and Luthers Road, Mattituck.
961 Gardiners Bay East' Marion, New York.
Estates Club, Inc.
960 . Arthur Siemerling One-sided wall sign on n/s
North Fork Oil Heat of building. W/s Westphalia
Road, Mattituck.
957 Cove Resort One off-premises directional
and advertising sign.
Leander Glover property,
s/s Middle Road, Cutchogue.
1136 Joseph Krukowski One on-premises wall sign on
(Seafood Barge barn. Main Road:, Southold.
Advertisement)
2064 Pond Enterprises One- off-premises directional
d/b/a Beach Comber sign. Property of Nicholas
Motel Aliano.
942 Village Manor One- off-premises directional
(William J. Baxter) sign. Main;=Road, Mattituck.
932 Mattituck Presby- Two on-premises ground signs.
terian Church Main Road, Mattituck.
932 Mattituck Presby- One off-premises sign on
terian Church property of Alrod Realty Corp.
S/s Main Road, Laurel.
1932 Alfred. J. Terp One ground sign at town line,
N/s Main Road, Cutchogue.
963 Manor Grove Corp. One on-premises subdivision
.sign. Manor Grove Corp.
"Marion Manor Subdivision"
968 Southold Savings Three on-premises ground signs.
Bank N/w corner of Main Road and
Young Avenue, Southold.
962 Raynor-Suter . One on-premises wall sign on
Hardware, Inc. east wall of building,
located at s/e corner of
Pike Street and Love Lane,
Mattituck.
Southold Town Board of Appeals -42- December, 6, 1979
Appeal No. Applicant Sign/Property Description
957 Cove Resort One on-premises directional
sign. Property of Antone
Surozenski, Main Road,
Southold. (Insufficient
setback)
957 Cove Resort One off-premises directional
sign. Property of Antone
Surozenski.
957 Cove Resort One off-premises directional
sign. (Victoria Cottages)
Property of George Overton,
Southold.
958 Indian Neck Park One area identification sign.
Property Owners ' E/s Smith Road, Peconic.
Association
936 Cedar Beach Park Southerly side of Main Bayview
Association Road, Southold Nest of General
c/o Frank Francia .Wayne Inn)
935 Mattituck Plumbing One on-premises side-wall
and Heating Corp. sign for advertising, and
two front-wall signs . S/s
Main Road, Mattituck.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis,
Tuthill and Doyen.
On motion made by Mr. Tuthill , seconded by Mr. Grigonis,
it was
RESOLVED to approve the minutes of the November 15, 1979
meeting of this Board.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis ,
Tuthill and Doyen.
r
'Southold Town Board of Appeals -43- December 6 , 1979
On motion made by Mr. Doyen, seconded by Mr. Douglass, it was
RESOLVED, that regarding the application of Y & C HOLDING
CORP. , Appeal No. 2650 , for permission to obtain approval of ac-
cess involving property off a right-of-way on the north side of
County Road ,27 , Peconic, this Board after review of the Environ-
mental Assessment Short Form submitted with the subject applica-
tion has determined that this project is classified as a Type II
action not having a significant effect on the environment.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Doyen
and Tuthill .
* * *
On motion made by Mr. Doyen, seconded by Mr. Douglass, it was
RESOLVED, that regarding the application of GUNTER MORCHEL,
Appb&l No. 2649 , for permission to construct fence over, four feet
high, Article III , Section 100-32 , this Board after review of the
Environmental Assessment Short Form submitted with the subject
application has determined that this project is classified as a
Type II Action not having a significant effect on the environment.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Doyen
and Tuthill .
* * *
On motion made by Mr. Doyen, seconded by Mr. Douglass, it was
RESOLVED, that regarding the application of GUNTER MORCHEL,
Appeal No. 2651 , for permission to construct fence (accessory) in
frontyard area, Article III , Section 100-35 , this Board, after
review of the Environmental Assessment Short Form submitted with
the subject application, has determined that this project is clas-
sified as a Type II Action not having a significant effect on the
environment.
Vote of the Board: Ayes : Messrs . Douglass, Grigonis, Doyen
and Tuthill.
* * *
On motion made by Mr. Doyen, seconded by Mr. Douglass, it was
RESOLVED, that regarding the application of JAMES REALE,
Appeal No . 2653 , for permission to construct accessory building
in sideyard area, Article III, Section 100-32 , this Board, after
review of the Environmental Assessment Short Form submitted with
the subject application, has determined that this project is clas-
sified as a Type II Action not having a significant effect on the
environment.
Vote of the Board: Ayes : Messrs . Douglass, Grigonis, Doyen
and Tuthill,,
b
" Southold Town Board of Appeals -44- December 6 , 1979
On motion made by Mr. Doyen, seconded by Mr. Douglass, it was
RESOLVED, that regarding the application of CHARLES BOCKLET,
Appeal No. 2654 , for permission to establish second residence
dwelling on same lot, Article III, Section 100-30A, this Board,
has , after review of the Environmental Assessment Short Form
submitted with the subject application, determined that this
project if implemented as planned is classified as a Type II
Action not having a significant effect on the environment pur-
suant to Section 617 . 13 of the New York State Environmental
Quality Review Act and Section 44-4B of the Southold Town Code.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis,
Doyen and Tuthill.
On motion made by Mr. Doyen, seconded by Mr. Douglass, it was
RESOLVED, that regarding the application of JOHN R. DEMPSEY,
Appeal No. 2652 , for permission to obtain Certificate of Occu-
pancy with insufficient frontyard setback, Article III, Section
100-31, this Board, after review of the Environmental Assessment
Short Form submitted with the subject application, has determined
that this project if implemented as planned is classified as a
Type II Action not having a significant effect on the environment
pursuant to Section 617 .13 of the New York State Environmental
Quality Review Act and Section 44-4B. of the Southold Town Code.
Vote of the Board: Ayes : Messrs . Douglass, Grigonis , Doyen
and Tuthill.
On motion made by Mr. Doyen, seconded by Mr. Douglass, it was
RESOLVED, that regarding the application of STEPHEN J. PER-
RICONE and PENELOPE KOUSOUROS, Appeal No. 2587 , for permission to
establish disco bar with dancing, Article VI , Section 100-30,
this Board, after review of the Environmental Assessment Short
Form submitted with the subject application, has determined that
this project if implemented as planned is classified as a Type
II Action not having a significant effect on the environment
pursuant to Section 617 .13 of the New York State Environmental
Quality Review Act and Section 44-4B of the Southold Town Code.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis , Doyen
APPMEDthill.
7
e y Mr. Douglass , seconded by Mr. Grigonis,
" airman rdwgsAppeal
RESOLVED, that the meeting be declared closed at 10: 50 P.M.
Vote of the Board: Ayes : *Messrs . Douglass, Grigonisf Doyen
And Tuthill.
g9pect�f/u. llV , ub ' tted