HomeMy WebLinkAboutZBA-10/11/1979 ` per. Gy
An Southold" Toivn',' Board of Appeals
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SOUTHOLD, L. Lr N. Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS XX
CHARLES GRIGONIS,JR.
SERGE DOYEN,JR.
TERRY TUTHILL
ROBERT J:DOUGLASS , Acting Chairman
M I N U T E S
SOUTHOLD TOWN BOARD OF APPEALS
OCTOBER 11, 1979
L'.
A regular meeting of the Southold Town Board of Appeals was held
on -October 11, 1979 at 7 :30 P.M. (D.S.T. ) at the Town Hall, Main Road,
Southold, New York 11971.
There were present: Messrs. Robert__J Doug1,ass, Acting Chairman,
Charles Grigonis, Jr. , Terry R. Tuthill, Jr. and Serge Doyen, Jr.
PUBLIC HEARING. Appeal No. 2614 . Upon application of Charles
and Edna Hart, Smith brive, Southold, New York, for a Variance to the
Zoning Ordinance, Article III, Section 100-31 for permission to sub-
divide with insufficient area, and for permission to.::...-c,oristruct
dwelling with insufficient area, and for permission to construct
dwelling with insufficient rearyard setback. Location of property: :
Smith' s Drive North, Southold, New York; bounded north by Smith
Drive, south by Smith Drive South, east by .Smith Drive South, west
by Carway & .Hoffman.
The Acting Chairman opened the hearing at 7 :39 P.M. by reading
the application for a Va_riariue ..ream - ::.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 prop-
erty owners was made to Robert Hoffman and John J. Carway; fee
paid $15. 00.
MR. DOUGLASS : We have a copy of the survey and a section of
the County. Tax Map showing the property. It happens to be on a
long half-circle where the North Drive and South Drive join. Is
there anybody in the audience wishing to speak for this application?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS : Is there anybody in the audience wishing to
SOUTHOLD TOWN BOARD OF APPEALS -2- October 11, 1979
speak against this, application?
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(THERE WAS NO RESPONSE. )
MR. DOUGLASS : Then I 'll say a couple of words. In inspecting this
property, why what it was, when it was originally set up, it was four
little lots that before zoning they could have built on, but today they
can' t. And what they have now is they have a house on one of the lots
and a garage on the other and they propose to divide off that and build
a house on the remaining piece, which would be a part rectangle and
part quarter-circle. Looking on the survey they show that they are
asking 35-foot setback here, and it would appear that they are asking x
35 there. We see where they are asking for the rearyard setback, but �.
the frontyard is short. y
MR HART: There is a 35-foot setback on that particular block. ho
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MR. DOUGLASS: Are you the applicants? P)
MR. HART: Yes. N
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MR. DOUGLASS : I asked if there was anybody that wanted to say
a.nything.
MRS. HART: We thought our neighbors.
MR. DOUGLASS : Now, on here, Would you please step up here?
On your drawing you have 35-foot here.
MR. HART: That' s the rearyard.
MR. DOUGLASS : But you only have 35 feet out here and this is
frontyard.
MR. HART: That an existing setback.
MR. DOUGLASS : But you have to have a variance on it because the
setback under the zoning code now is 50 feet.
MR. HART: Well, according to the Building Inspector we had to
conform with the existing houses in that block, and that ' s what we
did.
MR. DOUGLASS : Yes, but you have to ask for it.
MR. HART: We did. That's what we are doing now.
MR. DOUGLASS : No, you're asking for rearyard.
MR. HART: Well , this we left up to the Building Inspector to-
We felt there was no variance required for the setback in the frontyard
because according to him we had to meet the existing setback.
MR. DOUGLASS : That ' s what would be granted but it should have
been applied for in here.
MRS. HART: He should have told us that when we went in. We spent
SOUTHOLD TOWN BOARD OF APPEALS -3- October 11, 1979
,three hours here one day, a couple of weeks ago, and he sketched that
in for us. He sketched that house in there.
MR. DOUGLASS : You see, you're in a situation here on a curve
straight and then a curve- You actually have two frontyards. This
one here on the curve part here you are perfectly all right. Now,
on this you only have 35 feet, so this application should ask for it.
MRS. HART: We didn't know that.
MR. GRIGONIS : Did the building inspector deny,:.it on that?
x
MR. DOUGLASS : He put insufficient area. Not on excepted list
of filed subdivisions. . . insufficient rearyard, is all he put. y
MR. GRIGONIS : He probably assumed it as frontyard.
MR. HART: How could you possibly build on the property 100 feet
deep, if you have to set your house back 50 feet, what do you have?
You have to have a 50-foot backyard? N
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MR. DOUGLASS : No, that isn't the point. It would be granted
to the existing thing, but it must be asked for. There is no such
thing as approving something that is not asked for.
MRS . HART: Don' t you think we should have been advised of that
when we applied to him?
MR. DOUGLASS : There is no question about that.
MRS. HART: I don ' t want to go through all that again. We don't
even know if we want to build this house. We just want to know can
we build a house there.
MR. DOUGLASS : Well, then, what you are interested in really is
subdividing the piece?
MR. HART: That ' s what we are doing, to find out if we can .build
on it? This is why the whole thing is brought about.
MR. TUTHILL: When you plan to build your house then you would
come in and reapply for that.
MR. HART: So I could build a house on this without a variance
if you would look at the survey. I can put it on there without that
side. I could have a 50-foot rearyard and 11-foot sideyard and
50-foot frontyard without any variance. ,
MR. DOUGLASS: There is no way in the world you could get on
that property without a variance.
MR. HART: You could change the house and make it long and
narrow.
MR. DOUGLASS : It would really be narrow.
MR. HART : We have a 100 feet there, we could move this house
SOUTHOLD TOWN BOARD OF APPEALS -4- October 11, 1979
'over here within 11 feet of this then I would have 20-foot house, and
still 50 feet in here .
MR. DOUGLASS: You can come down here by using this as a sideyard
but then you would have to have, one of these you are allowed to have
as a rearyard and one as a sideyar.d. A rearyard- has got to have 50
feet and the front has to have 50 . But you have two fronts. So you
still have to get 50 in the rear with, , and you can't do that without
a variance which there is no problem. It ' s not correct the way it is,
What we can do is subdivide it. You're still, the surrounding
neighborhood that you are in is all by subdividing it. You're still
within the standard of all the surrounding neighborhood. It ' s all x
that size or smaller. So, if it' s -- if we cross out the asking of
the setback until you want to come in with a house, we can subdivide y
it. I ' ll make a motion that the subdivision be allowed with the
stipulation that only one dwelling can be on those two lots .
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MRS . HART: That would be all right. That ' s all we would want.
MR. DOUGLASS : . Then when you want to come in with a house plan, N
then you will have to come back for a variance on the setback because
we cannot, . if we give you the variance on the rearyard you will have
to come back for a frontyard variance anyway. So if you wait until
you see what house you want to put on it, then come in, then you will
know what footage you'll want.
MRS. HART: That ' s all right.
MR. TUTHILL: We could give him an undersized lot but that ' s
about it.
MR. DOUGLASS : Right.
MRS . HART: That ' s all right with you?
MR. HART: Yes.
MR. DOUGLASS : So I 'll make a motion that the subdivision of
this piece into making lots 108 and 109 one independent lot with
the stipulation that only one dwelling may be built on it in the
future.
After investigation and inspection, the Board finds that the
applicants are requesting a subdivision of merged four. lots into
two parcels thereby leaving again insufficient area for each lot,
and requesting a rearyard setback as a result of the proposed house
location on parcels 1000-076-2-6 &' 7 . However, the Board notices
that a frontyard variance will also be required and was not included
in the Building Inspector ' s Disapproval nor in the variance applica-
tion as ' submitted. The Board agrees with the reasoning of the
applicants as submitted in their application for a _ subdivision but
does not agree with the setback as requested inasmuch as another
variance will be required.
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship, the hardship
SOUTHOLD TOWN BOARD OF APPEALS -5- October 11, 1979
crpated 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 for the subdivision as requested will not change the
character of the neighborhood and will observe the spirit of the
Ordinance.
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that CHARLES AND EDNA HART, Smith Drive, Southold, New
York 11971, be GRANTED a Variance to the Zoning Ordinance, Article
III, Section 100-31 for permission to subdivide with insufficient
area, but that the Variance for permission to construct dwelling with x
insufficient rearyard setback BE DENIED WITHOUT PREJUDICE. The �P
Variance for a subdivision as requested is subject to the following y
CONDITIONS :
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(1) Southold Town Planning Board approval,
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(2) Suffolk County Planning Commission approval.
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Location of property: Smith' s Drive North, Southold, New York;
bounded north by Smith Drive, south by Smith Drive South, east by
Smith Drive South, west by Carway and Hoffman.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill
and Doyen.
PUBLIC HEARING: Appeal No. 2610. Upon application of Thomas
and Jacqueline Occhiogrosso, 77 Vanderbilt Boulevard, Oakdale, New
York (Irving L. Price, Jr. , Esq. ) for a Variance to the Zoning Ordi-
nance with insufficient frontyard setback. Location of property: n
Corey Creek Lane, Southold, New York; bounded north by Corey Creek H
Lane, south by Corey Creek, west 'by Hammerschlag, east by Corey o
Creek Lane. �
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The Acting Chairman opened the hearing at 7 :52 P.M. by reading o
the application for a Variance to .the Zoning Ordinance, Article III,
Section 100-31 for permission to construct dwelling with insufficient >'
frontyard setback, reading the legal notice of hearing and affidavits 0
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 =W
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made to the Hammerschlags _andithe Ebelers; fee paid $15 . 00 .
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MR. DOUGLASS : I have a copy of the survey map of the property
and the situation where the house and the sewage, water and so on
will be. I also have a section of the County Tax Map which shows
the piece of property on it. I have a copy of the Town of Southold
Wetlands Permit #27 that was granted by the Town Board according to
information furnished in application #39 filed by applicant on
June 15 , 1979 to the Town Clerk.
Mr. Douglass read the Southold Town Wetlands Permit 027 in
Jfull with all conditions. ,
SOUTHOLD .TOWN BOARD OF APPEALS -6- October 11, 1979
'Mr. Douglass read the New York State Department of Environmental
Cdnser"vation Tidal Wetlands Permit #TW 15276-0186 Ain full.
Both permits are hereby made part of this record.
MR. DOUGLASS: Is there anyone who wishes to speak on behalf of
the applicants?
MR. IRVING PRICE: Irving L. Price, Jr. , attorney for the appli-
cants. After listening to all those conditions in all those permits
I had the feeling I ought to raise my right hand and say "I do until
death do us part, " but seriously, this is another one of these side- o
yards which become a frontyard because the road, in this case Corey 0
Creek Lane, is on two sides of this property, the front or the back, x,
depending upon which way you wanted to look at it. It' s on a dredged o
canal;- which goes into Corey Creek, and on the west side is bounded 0
by lot #7 of the Subdivision. The Chairman has very kindly entered o
into the record all of the permits and it would serve no purpose to
repeat them. There was one other finding that should be part of the o
record, that is the Environmental Impact Statement that was filed
with the Town and in turn the Town by resolution found that there was
no impact on the environment. The best representation, where this
house should be located is the survey that has been fixed up by the N
Department of Health, Suffolk County Department of Health General
Engineering Services, and that shows that the cesspools will be 100 N
feet from the dredged canal. They will be 100 feet from the well
which will be installed in the northwest corner. Their cesspools Q
will be 100 feet from a marsh which is located across Corey Creek
Lane from the house, and that corner of the house, the extreme
northwest corner, northeast rather of the house will be 35 feet
from the westerly line of Corey Creek Lane, and as I say the other
dimensions and distances from the house will be sufficient as far
as zoning. It' s only the 35 feet when it is considered a frontyard
because it' s surrounded by the same road and less than the zoning
requirement. So the variance is just for the sideyard which unfor-
tunately is a frontyard in this particular instance. The exact
location as you havd heard the Chairman read will be determined
first by the Environmental Control and by the Building Inspector
enforcing the Wetlands Permit of the Town of Southold. And I 'm
advised that the Building Permit will not be issued until that
location has been set. I respectfully request that the variance
be granted and on the grounds of hardship and the fact that it is
not shared by the other lots as stated in the application. If
there are any questions, I would be glad to answer them.
MR. TUTHILL: The dredged canal that you are referring to is
the water frontage there?
MR. PRICE: Yes.
MR. TUTHILL: No, it runs into a dredged canal but that ' s
quite broad there. I never thought it was a a-anal.
MR. PRICE: It is a dredged canal. It' s not natural .
J MR. DOUGLASS : That' s right. Thank you, sir. Is there anybody
SOUTHOLD TOWN BOARD OF APPEALS -7- October 11, 1979
-else'wishing to speak for it? Is there anybody wishing to speak
acjainst this application?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS: If not, why I ' ll accept a motion from one of you
gentlemen okaying the setback with the provisions that they must
follow all the regulations set up by the Town Board.
After investigation and inspection, the Board finds that the
applicant is the owner of the subject parcel of land which appears
to be mostly wetlands and requiring the application to request the 0
frontyard setback of 35 feet. Applicant - has submitted all approvals 0
for a Wetlands Permit from the Town of Southold and the New York x ;
State Department of Environmental Conservation. The Board agrees
with the reasoning of the applicant.
0
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hardship 0
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 by Mr. Grigonis, seconded by Mr. Tuthill, it -was N
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RESOLVED, that THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt C)
Boulevard, Oakdale, New York, be GRANTED a Variance to the Zoning
Ordinance, Article III, Section 100-31 for permission to construct
dwelling with insufficient frontyard setback, SUBJECT to the follow-
ing CONDITIONS :
(1) Suffolk County Planning Commission approval.
(2) Compliance with the conditions as set forth in -he Town of
Southold Wetlands Permit #27 dated September 11, 1979 .
(3) Compliance with the conditions as set forth in the New
York State Department of Environmental Conservation Tidal Wetlands
Permit No. TW 15276-0186 A.
Location of property: Corey Creek Lane, Southold, New York;
bounded north by Corey Creek Lane, south by Corey Creek,west by
Hammerschlag, east by Corey Creek Lane.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tuthill
and Doyen.
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PUBLIC HEARING. Appeal No. 2611. Upon application of Reich x
Brothers Automotive Service, Inc. , Front Street, Greenport, New y
York (William H. Price, Jr. , Esq. ) for a Special Exception to the
Zoning Ordinance, Article IX., Sections 100-90 and 100-91 for per-
mission to operate an Automotive Repair Shop. Location of property:
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SOUTHOLD TOWN BOARD OF APPEALS -8- October 11, 1979
Rocky Point Road, East Marion, New York; bounded north by Edwards, east
by Estate of Nowell, south by Muir, west by Rocky Point Road.
The Acting Chairman opened the hearing at 8 : 23 P.M. by reading
the application for a Special Exception to the Zoning Ordinance,
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 notifi-
cation has been made to the adjoining property owners as follows:
Isaac T. Edwards, Estate of G.S. Nowell, and Aquilo D. Muir; fee
paid $15. 00 .
MR. DOUGLASS : I have a copy of the section of the County Tax
Map showing it and the surrounding area. I have a letter here to n
the Zoning Board of Appeals from Isaac T. Edwards, owner of the x
subject property, giving consent for the subject application.
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Mr. Douglass read Mr. Edwards ' letter dated September 22 , 1979. x
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MR. DOUGLASS: Is there anyone who;,wishes , to speak for this can
application?
WILLIAM PRICE, JR. : I 'm an attorney at Greenport and repre- 0
sent Reich Brothers Automotive Service Inc. I would like to 0
present to you the return receipts for the mailing of the Notice y
for your file. We are here requesting this evening a Special Ex-
ception which is required here because all permitted uses within
the C-1 General Industrial District would require same. In the
C-1 General Industrial District, it states that the premises may ro
be used for any lawful purpose except that no building and/or
premises shall be used for a dwelling, boarding and tourist home,
motel, hotel , or tourist camp purposes. In other words we can't
use it for a residence, in the nature of a residence, but we can `)
under the Zoning Ordinance use it for any commercial enterprise.
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This is your broadest based zoning designation. The decision this
Board must make must be basic on the, normal principles of zoning
that the health, safety, morales and the general welfare of the
community would be served as opposed to merely the unnecessary
hardship or practical difficulty standards. As you know,
Town of Southold from the Hamlet of Southold going east we have
lost no fewer than four service stations in recent years. As
opposed to merely limiting our supply of gasoline, it has also
limited the supply to the Town of Southold of enterprises which
can do repair work for automobiles. There: is a need in the com-
munity for additional repair-shop operation. My clients operate
the Amoco Service Station in the 'Village of Greenport. They have
no plan to close that Station but merely would like to expand
their operations. The area at which they are located now cannot
take on any more work than what they have. If they move to a
new location, an additional location, they will be able to ser-
vice the needs of the community better by providing more repair
services to automotive vehicles throughout the community. These
two gentlemen here are the Reich Brothers; they are the owners
of the corporation which I represent. They understand that . they
will have to go before the Planning Board if they obtain a favorable
SOUTHOLD TOWN BOARD OF APPEALS -9- October 11, 1979
'decision from this Board. Now, just for the record I would like to
a ft. Mr. Norman R. Reich if he will just step up here for a moment.
Now, when and if you are granted this Special Exception would you- be
willing to comply with all of the requirements as stated in the Zon-
ing Ordinance and those conditions imposed upon you by the Boards of
the Town of Southold.
MR. REICH: Yes.
MR. PRICE: You understand that this may entail the screening
of the area by substantial screen being anywhere from three to eight
feet in height?
MR. REICH: (Nodded yes. )
MR. PRICE: You will take care to protect the welfare of the
surrounding area and take whatever steps necessary to protect the y
safety of the people in that area? 1 x
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MR. REICH: Yes.
MR. PRICE: Thank you for your time. This is all I have to say. y'
We are open to questions. 0
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MR. DOUGLASS: Thank you. Before I go on, is there anybody in y
the audience wishing to speak against this application?
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(THERE WAS NO RESPONSE. )
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MR. DOUGLASS : It is stated that the applicant desires the per- P)
mission to use the below described property for an automotive repair H
shop, then it goes on, that they needed to take possession of it. #�4
Now, when you state ".taking possession, " are you talking purchasing
or leasing?
MR. PRICE: Both.
MR. DOUGLASS : This brings up a problem. On leasing--
MR. PRICE: Mr. Chairman, if I may?
MR. DOUGLASS : Yes.
MR. PRICE: The lease agreement between the applicant and the
current owner contains an option to purchase. It contains terms of
the purchase. There are certain tax reasons agreed upon by the
applicant and the owner as to when the actual taking of title will
occur. We are before this Board not merely as a prospective lessee
of the property, but in addition to that we are before the Board as
contract vendees, with vested rights to purchase this property. I
can assure the Board that the lease, thus far as negotiated, con-
tains a provision to have my client to be in possession for a term
of not less than five years. However, in that lease there is also
a provision for my client to purchase this. Asyou can see from
examining my clients, they are young men and they, as all young men,
SOUTHOLD TOWN BOARD OF APPEALS -10- October 11, 1979
have difficulties in obtaining financing. The owner has been kind
ewugh to be flexible with his offer of sale so that my clients would
be able to take possession of the premises so long as they obtained
the necessary approvals from two different Boards within the Town of
Southold.
MR. DOUGLASS: Yes. But the difference between their taking
possession under a lease and their taking possession as a purchase
brings up alot more area of ground in this subdivision of this land,
this and the tank farm.
MR. PRICE: We are not 'requesting a subdivision, Mr. Chairman.
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MR. DOUGLASS : This doesn't include the tank farm then. n
x
MR. PRICE: This particular lot is already set off and is an � -
approved single lot as it is. We are hoping to take possession of p
that area where it' s a broom factory, I believe. It' s just that x ,
particular lot.
MR. DOUGLASS: Well you say it is a separate lot. Now--
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MR. PRICE: ' So --did the-Assessors' Office where I got all my p
information. o
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MR. DOUGLASS; Is it under separate ownership? C
tr1
MR. PRICE: I don't know. I know that one of the adjoining lots >
title now is in Mr. Edwards and I know that the lot that we are ro
requesting the Special Exception for is also in the name of Mr.
Edwards and I am sure that those standards which would apply to
the service-station operation would be imposed by the Planning Board
when we were before them and if we could not meet those standards., Eli
then in that event I would be again before this Board asking for a
variance. At this time I 'm not asking for a variance. ~
MR. DOUGLASS: -No, but if those two parcels are under one
ownership, they are going to have to come before a Board to be
subdivided. And there 'are standards of amounts of ground for a
C-1 District that have to be met.
MR. PRICE: Yes.
MR. DOUGLASS: And this is what we don't have in here. And
this is what we couldn! t determine whether it was a purchase or
whether it was a lease. And where it involves a purchase--
MR. PRICE: It' s a possible purchase. They have an option.
It' s not necessarily. going to be a purchase. It' s not necessarily
going to be a lease. But before we can ascertain whether or not
we can enter into possession pursuant to this lease option agree-
ment, we have to ascertain from the Town whether or not this
particular use of a repair shop would be permitted under the Town
law. That' s what we are here to do. We cannot come before you
✓ before we go to the Planning Board and ask for a variance before
SOUTHOLD TOWN BOARD OF APPEALS -11- October 11, 1979
,we stLmit plans to the Building Inspector to have him deny those
plans.
MR. DOUGLASS: The Planning Board does not give variances.
MR. PRICE: That' s right. We have to go before the Planning
Board as say, "Do we have to comply with all of these standards. '
Which standards must be complied with?" And they will say, "You
must comply with this standards, possibly you meet this standard. '
These are the different things your application falls short on. "
Then in that event if we fall short, then I would have to come
back before this Board and ask for possibly an area variance,
maybe this is just hypothetical now, maybe a variance for the H
size of the road, maybe ,a variance to install a fence higher cz
than eight feet for screening purposes. It depends on what the x
Planning Board asks us for. m
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MR. DOUGLASS: The Planning Board does not ask you for that. y
MR. PRICE : They can.
MR. DOUGLASS: We have to. Cl
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MR. PRICE: We don' t even-- o
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MR. DOUGLASS : Then it just goes to them for site plan C
approval.
MR. PRICE: That' s right. It' s my understanding that Special
Exceptions are granted subject to Planning Board approval. If I o
cannot obtain Planning Board approval because of the deficiency
in my application for site plan, then I would be referred back to
this Board. N
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MR. TUTHILL: I don't see how you can represent yourself as ~'
contract vendees; you have no contract.
MR. PRICE: Well, we have a verbal commitment from Mr. Edwards.
I have had numerous discussions with his attorney, Mr. Tedeschi,
and in the course of these negotiations, it was determined that we
would not enter into possession until such' time as we could gain
approval from the various town Boards and that ' s what we are here
to do this evening. We have the consent of the owner of record,
the person who is shown in the Assessors ' Office and the County
Clerk' s Office as the owner of this property to come before this
Board. We have a commitment from Mr. Edwards to sell or to lease
to us in the event we can obtain the permission from these Boards.
We would be going through substantial time, effort and possibly
needless negotiations for the particular lease and the particular
contract of sale in the event that the proposed commercial estab-
lishment would not be permitted.
MR. TUTHILL: You're a lessee with an option. I still don' t
see where you are contract vendees.
MR. PRICE: As-an option is the contract to purchase.
SOUTHOLD TOWN BOARD OF APPEALS -12- October 11, 1979
MR. DOUGLASS: If it involves purchase, it is going to have to
come back for a whole new set of going over because of. subdivision
that land comes in. And that is not in here now. The only thing
you are asking for, the only thing that we can go ahead on this thing
so you know where you stand, but if this comes up for purchase, it' s
going to have to come back all the way back through the line again.
MR. PRICE: We realize that.
MR. DOUGLASS : So it will be done on what we would grant, would
be done on a lease or a rental basis, not a purchase basis. The
purchase basis brings in alot more detail than there is here tonight.
to
MR. PRICE: We will be back before this Board in the event that H
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we cannot meet the standards as required by your Zoning Ordinance, x
whether it be as purchaser or as lessee.
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MR. DOUGLASS: Yes, but we will set the standards tonight if y
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we grant it. We will set the standards of the use of it.
MR. PRICE: The question before this Board is merely whether or
not the proposed use as an automotive service station is in keeping y
with your Zoning Ordinance. We are not here presenting detailed 0
plans. We are here just to find out whether or not a service station 0
would be permitted. That is all we are asking for. Now we realize H
that we have to meet the standards of the entire Zoning Ordinance, C
be it an area requirement; there is an existing building so if we
put an addition on it we would have to make sure that the addition
would meet with setback requirements. We realize that we have to
meet with the ingress and egress standards. We realize that if we
have a driveway that the driveway has to be of a certain size. We
realize that we have to have certain size area for parking. But the
question before this Board is merely whether or not that use at that rn
location is acceptable. The particulars would be worked out at a
later date.
MR. DOUGLASS: No , they cannot. The Board if it grants it will
grant it with the specifications.
MR. PRICE: Well, I've said what I have to say.
MR. DOUGLASS: All right. Is there anybody that wishes to say
anything in the audience?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS: The only thing we can go on the assumption of,
is that on the lease thing-it will have to come back if it' s on a
purchase thing anyway, after the Planning Board. And we can grant
this, it' s allowed in other Districts of the Town, this sort of
operation, and we can grant it by Special Exception because it is
allowed. Hearing no objections from anybody, I will make a motion
that it be granted for use that they desire to lease it for, with
the following things that they will have to comply with. And this
is for public garages and also covers gasoline stations , new and
SOUTHOLD TOWN BOARD OF APPEALS -13- October 11, 1979
used 'car lots and all subject to the following requirements: (Article
VI,I , Section 100-70B)
(a) Entrance and exit driveways shall have an unrestricted width
of not less than 12 feet and not more than 30 feet and shall be located
not less than 10 feet from any property line, and shall be so laid out
as to avoid the necessity of any vehicle backing out across any public
right-of-way.
(b) Vehicle lifts a-nd pits, dismantled automobiles and all parts
or supplies shall be located within the building.
(c) All service or repair of motor vehicles other than such minor
servicing as change of tires or sale of gasoline or oil, shall be con- n
ducted within the building. x
b�
(d) The storage of gasoline or flammable oils in bulk shall be p
located fully underground and not less than 35 feet from any property y
line other than the street line.
W
(e) No gasoline or fuel pumps or tanks shall be located less than >1
15 feet from any street or property line. C:
q
O
(f) No motor vehicles sales, used car lots, gasoline service, or .
repair shops or similar businesses are to be located within 300 feet o
of a church, public school, library, hospital, orphanage or any of C
those. So you are all right on that. Then we have, we just stated no
major repair work to be done out in the open, about all the fuels and
substances and so on shall be 15 feet from road and so on, .. or no auto- �
mobiles, or automotive parts dismantled or damaged vehicles and similar m
articles shall be stored in the open and no parking of vehicles other
than those being serviced shall be permitted other than the owner ' s
own car. Signs to be erected in accord with the sign ordinances,
legally advertised for public hearing and so on; said signs shall be
at least five feet from all property lines.
MR. DOUGLASS (continued) : With these restrictions on it, I ' ll
make a motion that it be granted for the use under the lease provisions
and if' they come up for sale they will have to come back for the other.
After investigation and inspection, the Board finds that the
applicants are requesting a Special Exception as lessees with an
option to purchase the subject parcel, which has become merged with
its northerly adjoining property because of same ownership. The
application for a Special Exception is within reason. The Board
agrees with the reasoning of the applicants.
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 the properties alike
in the immediate vicinity of the property and in the same use dis- '
trict; and the Special Exception 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
SOUTHOLD TOWN BOARD OF APPEALS -14- October 11 , 1979
'TESOLVED, that REICH BROTHERS AUTOMOTIVE SERVICE INC. , Front,
Street, Greenport, New York 11944 (William H. Price, Jr.,;.,. Esq. as
agent) , as Lessees be GRANTED a .Special Exception to the Zoning Ordi-
nance, Article IX, Sections 100-90 and 100-91 for permission to
operate an automotive repair shop, SUBJECT to the following CONDI-
TIONS:
(a) That the applicants conform with the rules and regulations
of the Southold Town Board of Appeals including H
n
(1) No major repair work to be done in the open; x
td
(2) No automobiles or automobile parts, dismantled or p
damaged vehicles and similar articles shall be stored in the open; x
and no parking of vehicles other than those being serviced shall be LA
permitted; �n
(b) That the applicants conform with the Southold Town Building ro
Code, including but not limited to, Article 'VII , Section 100,70;
(c) That when a conveyance is anticipated of this, parcel, to
separate same from the northerly adjoining parcel, approval is re-, N
quired from the Board of Appeals for a Special Exception as requested
in the within application and from other departments as is deemed
necessary;
(d) That when a conveyance is anticipated of this parcel to
separate same from the northerly adjoining parcel , approval is
required from the Southold Town Planning Board and the Board of
Appeals for its subdivision and other procedures as- may become
necessary.
Location of property: Rocky Point road, East Marion, New- York;
bounded north by Edwards, east by Estate of Nowell, south by Muir,
west by Rocky Point Road.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill
and Doyen.
PUBLIC HEARING: Appeal No. 2627 . Upon application of Gertrude
C. McLean, Blue Marlin Drive, Southold,' New York 11971 (George C. >
Stankevichh, Esq. ), for a Variance to the Zoning Ordinance, Article z
III, Section 100-31 for permission to construct dwelling with insuf-
ficient front and rear-yard setbacks, and New York Town Law Section
280A for approval of access. Location of property: Private Road, w
Southold, New York; bounded north by Davis, south by Wendell, west N
by Hart, east by Goose Creek Lane Association.
N
The Acting Chairman opened the hearing at 8 : 58 P.I . b reading ONy
the applications .for variances, legal notice of hearing and affi-
davits attesting to its publication in the local and official news-
papers, Notice of Disapproval from the Building Inspector and
letter from the Town Clerk that notification has been made to the
adjoining property owners as follows : Mr. and Mrs. Eugene I. Hart,
SOUTHOLD TOWN BOARD OF APPEALS -15- October 11, 1979
Mr. and Mrs. Otto Macomber, Harry Schumacher, R.D. Wendell, Mary E.
Kennedy; fee paid $15. 00. There is also an affidavit attesting to
Notice to Adjoining Property Owner Goose Creek Lane Association.
MR. DOUGLASS : I have a copy of the County Tax Map showing this
and the surrounding areas. Is there anyone who wishes to speak in
favor of this application?
GEORGE STANKEVICH: My name is George Stankevwch, and in the
course of remedy I will just state that I think the'`'_application
fully covers the reasons why this application is necessary and why
! it is in your interest and the Town' s interest to grant it. Thank z
you very much.
MR. DOUGLASS: Thank you. In this application is there anybody
wishing to speak against it? m
(THERE WAS NO RESPONSE. ) ~
N
MR. DOUGLASS : If not, I ' ll just say a couple of words. In N
checking this over, we find that there apparently axe some discrepancies
in the right-of-way, stuff that has to be straightened out, still yet
by you people somewhere along the line. Out in front of it, the
right-of-way which they want a setback variance for, because this
is a corner lot and it ends up with two frontyards, it is on a very
definitely set.-up private right-of-way. There being no objections
to it, it is a pre-existing_ lot, why I would make a motion that- the
setback- be granted and tlie '�' cess be granted provided they have
legal right of title for the access road and that the access road
be improved to our regular specifications. If that meets with your
.approval, why I--
MR. TUTHILL: I 'm not clear--there' s an existing blue stone--
MR. DOUGLASS : That' s not it.
MR. TUTHILL: The stone road that goes along the side of this
property. Now there' s another one that' s a paper street. Is that
the other proposed corner or is it actually _a physical road that
comes off of the--
MR. DOUGLASS: There isn 't any there; it' s still a paper road.
MR. TUTHILL: They propose to open it up?
MR. STANKEV.I.CH: I think they would propose to open the minimum
up to gain access because of the expense. Mrs. McLean has sold the
lot at $6 , 000, a very low price in order to finance her son' s educa-
tion. And sell this and an adjoining lot, so-- And the purchaser ' s
builder, I 'm sure, is , I think he' s going to pay for the improvements
but only minimum improvements because it' s his daughter' s house and
he' s doing it on a--
MR. TUTHILL: As of now it' s just a technical corner lot?
MR. STANKEVICH: Yes, sir.
SOUTHOLD TOWN BOARD OF APPEALS -16- October 11 , 1979
'MR.. DOUGLASS : But it is a recognized private road.
MR. STANKEVICH: True, and that' s the necessity of a variance.
It' s got to comply with technicalities or get a variance.
MR. DOUGLASS :, Right. So I would go with it that way, approve
the setback on the private right-of-way and the access with proof of
legal right of title, and it to be improved to the specifications
that we require. A 15-foot with either stone-blend or oil and so
on and so forth.
MR. STANKEVICH: I have the -.specs.
MR. DOUGLASS : You have them, right. As I said there seems to
be some dispute on that access road.
MR. STANKEVICH: The title company has the answer. We will
provide you with a copy.
MR. DOUGLASS: Right. Do you agree with it? a
r
r3j
MR. TUTHILL: I ' ll second it. z
After investigation and inspection, the Board finds that the
applicant is requesting a variance for 24-foot frontyard setback, m
and the property has three front yards leaving the other a rearyard w
which requires this variance for 24-foot setback. The applicant is
also requesting approval for access on the 30-foot right-of-way N
extending from the Goose Creek Lane Association right-of-way for
which there appears to be litigation pending about legal title.
However, 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 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 by Mr. Douglass, seconded by Mr. Tuthill , it was
RESOLVED, that GERTRUDE C. McLEAN, Blue Marlin Drive, Southold,
New York 11911, (George C. Stankevich, Esq. ) be GRANTED a Variance
to the Zoning Ordinance, Article III, Section 100-31 for permission
to construct dwelling with insufficient front and rear-yard setbacks
and a Variance for approval of access pursuant to New York Town Law,
Section 280A, SUBJECT to the following CONDITIONS :
(1) legal title of the subject access road;
(2) conformance with the specifications and requirements as
set forth by the Board of Appeals for access roads.
Location of property: Private Road, Southold, New York; bounded
north by Davis, south by Wendell , west by Hart, east by Goose Creek
Lane Association.
SOUTHOLD TOWN BOARD OF APPEALS -17- October 11 , 1979
'Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tuthill
and Doyen.
PUBLIC HEARING: Appeal No. 2628 . Upon application of Gertrude
C. McLean, Blue Marlin Drive, Southold, New York 11971, (George C.
Stankevich, Esq. ) for a Variance to the Zoning Ordinance, Article III,
Section 100-31 for permission to construct dwelling with insufficient
front and side-yard setbacks, and for approval of access, New York
Town Law Section 280A. Location of property: Private Road, Southold,
New York; bounded north by Kennedy, south by Davis, west by Private
Road, east by Goose Creek Lane Association.
.The Acting Chairman opened the hearing at 9 : 08 .P.M. by reading
the applications for variances, legal notice of hearing and affidavits
attesting to its publications in the local and official newspapers,
Notice of Disapproval from the Building Inspection, and letter from
the Town Clerk that notification to adjoining property owners was
made to Mr. and Mrs. Epgene I. Hart, Mr. and Mrs. Otto Macomber,
Harry Schumacher, R.D. Wendell, Mary E. Kennedy; fee paid $15. 00.
There is also an affidavit attesting to Notice to Adjoining Property
Owner Goose Creek Lane Association.
MR. DOUGLASS : I`� ha ve a section of the County Tax Map showing
this and the surrounding areas and a copy of the survey of the sub-
ject.,premises. It is a corner lot with two frontyards. One con- z
forms to the 50 feet and the other one has to be cut down to 37 feet.
Hmmm, there' s a problem here for you, George. This becomes rearyard,
right? It will not make it and they did not apply for it. o
w
MR. STANKEVICH: Well, we can amend the application nunc pro tunc
or just move it. How much do you need in the rear? o
MR. DOUGLASS: 50. The same as here. The other one was all N
right, it was a longer lot. The other one is a few feet longer.
They have 75 back here and 56. co
MR. STANKEVICH: How much do they have there? What are they
short, by two feet?
MR. DOUGLASS: Five feet.
MR. STANKEVICH: Well, you could do two things. Just amend the
application nunc pro tuns--
MR. DOUGLASS : No we can' t amend this, it would have to come
back again.
MR. STANKEVICH: Then just don' t give me a rearyard variance
and they' ll make a shorter house.
MR. DOUGLASS : They could change the shape a little bit. Ok.
Is there anybody here wishing to speak for this?
MR. STANKEVICH: Again, in the case of remedy, I 'm the. applicant' s
SOUTHOLD TOWN BOARD OF APPEALS -18, October 11, 1979
�.ttorney, and we rest on the application which I think lays out the
re,asons and justifications for granting the variance.
MR. DOUGLASS : Is there anybody wishing to speak against this
variance?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS: Hearing nothing against it, I ' ll explain, this
is a corner lot and thereby they end up with two frontyards and so
they need a cutback to 37 feet on one so that it becomes a sideyard.
Then they will conform with 50 in front and 50 in rear, so I ' ll make
a motion again that we grant this relief, this variance, and that we
grant the access to the lot provided they have legal right of title
and they meet with our requirements on. acces.s approval which the
attorney has in his possession, which is the 15-feet wide with stone
blend or other materials , etc. ti
After investigation and inspection the Board finds that the z
application is for a variance for 37-foot frontyard setback which
requires also a variance for rearyard setback of 20 feet if as
proposed. The applicant also requestsapproval for access on the o
30-foot right-of-way extending from the Goose Creek Lane Association
right-of-way for which there .-appears to be litigation pending about
legal title. However, the Board agrees with the reasoning of the N
applicant. N
co
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. Douglass, seconded by Mr. Grigonis, it
was
RESOLVED, that GERTRUDE C. McLEAN, Blue Marlin Drive, Southold,
New York 11971,, (George C. Stankevich, ' Esq. ) be GRANTED a Variance
approving_:=access- pursuant- to New York Town Law, Section 280A, but
DENIED WITHOUT PREJUDICE the Variance to the Zoning Ordinance,
Article III, Section 100-31. The Variance is granted with the
following CONDITIONS :
(1) legal title of the subject access road;
(2) conformance with the specifications and requirements "as
set forth by the Board of Appeals for access roads.
"Location of property; Private Road, Southold, New York; bounded
north by Kennedy, south by Davis, west by Private Road, east by Goose
Creek Lane Association.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill
and Doyen.
SOUTHOLD TOWN BOARD OF APPEALS -19- October 11, 1979
PUBLIC HEARING: Appeal No. 2609. Upon application of
Robin A. Raeburn and Mary Elizabeth Murphy, by George C.
Stankevich., Es,q. , Main Road, Southold, New York, 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 Properties, east by Parr.
The Acting Chairman opened the hearing at 9 :17 P.M. by
reading the application for a variance, legal notice of hearing
and affidavits attesting to its publications in the local and
official newspapers, Notice of Disapproval from the Building z
Inspector, and letter from the Town Clerk that notification has
been made to the adjoining property owners as follows: Mr. and
Mrs. Freeman L. Parr, Mrs. Jenny Bokina, and Baxter Properties, b
Inc. ; fee paid $15. 00. x
Mr. Terry Tuthill, member, left the room at this time, ro
to return shortly.
0
MR. DOUGLASS : Is there anybody wishing to speak for this
application? z
0
MR. BOKINA: They have no right-of-way up that front of
the lot, plus when they put the underground lights to their
house on Murphy, on the No. 1 lot, they put it on our property. o
MR. DOUGLASS: Just a minute please, sir. I asked for
anybody speaking for the application. I1,11 give you a minute.
Mr. Terry Tuthill returned to the room.
GEORGE STANKEVICH: Oh, yes, George StankeV±ch, Main Road,
Southold, New York, and I am speaking for the application. I
think most importantly we're here to ask your help. This is a
problem that wasn' t created because we wanted it this way.
This is not a problem that the real estate broker has created,
nor the buyer. And this problem was created by the fact that
some litigation was necessitated in the Supreme Court, and
Judge Baisley determined that the only way for him to get this
case out of his courtroom was to make the parties split this
land up, that was originally acquired in two pieces, to break
it into three pieces. If that didn' t happen, we wouldn't be
here, and we wouldn' t be asking for your help, nor would you
be wasting your time and good effort, and so I would like to.
give you a copy of Judge Baisley' s order and the stipulation
in court that brought this whole thing to a head. You should
also know not only was this split necessitated by court action
but the lack of access was really pre-existing. The fact was
that Harold Reeve owned this property prior to the ' 50s and
Baxter Properties owned it- during the ' 50s and during that time
we didn' t have zoning, and there were no strict requirements as
to access. And they split properties up along the Sound, people
used farm roads to get to it, and now we 're stuck with a prob-
lem that was created at that time. There is no question that
there is legal access to these properties. The extent of the
access is something else, but there is no question that the
legal access exists. And I have given you the deed at Liber 1154 ,
SOUTHOLD TOWN BOARD OF APPEALS -20- October 11, 1979
Liber 1771, Liber 5648, Liber 7259 and 7658 , in which that ac-
cess is documented, so the legal existence of access is docu-
mented, is real, and it exists. Now, I 've also dug back into
the files of our local surveyor, Mr. Van Tuyl, and I present to
you tonight a copy of survey for Baxter Properties Inc. made
June 17 , 1955 in which this access and this property as it
existed in 1955 is shown. Now this, this survey' s important
for two reasons , three reasons actually. First it shows the
two properties that were originally purchased that were ulti-
mately sp2lit up into three pieces by Judge Baisley, it shows
the access Number two, and Number three it shows that in 1955
at the time this access was created, there was and there still
is an encroachment of some four to five feet of a house and
barn. People created a problem at that time, Lord only knows
why, but we're stuck with it now. And we have' a problem in cl'
that regard. , z
MR. TUTHILL: Which regard? ,
MR. STANKEVICH: In regard to the fact that there ' s this
big, huge house and a barn that encroaches to some degree up �
to five feet into this right-of-way.
ro
m
MR. TUTHILL: Right. You don't have a problem in the
location of the right-of-way. That' s established?
N
MR. STANKEVICH: Yeah, that' s established, it' s legal. .rn
And it' s shown not only on this old map, which is so old now
it' s an ancient map, it' s shown in the deeds and it' s also
documented by the Chicago Title Insurance Company, and I
present to you tonight a letter from them certifying the
existence, the legal existence of that, and I believe that' s
important. So I hand that up as an Exhibit. And. I know that
this is something that was on your mind. We know that you're
properly bringing to our attention the fact that there is an
encroachment of some four to five feet of the house and barn
into the right-of-way. It exists. We didn' t create it. We
know as a legal matter that we can' t move that right-of-way.
The only way we could move it is really to go deeper into the
house and there is no possibility of moving it the other way.
We tried to contact Baxter and he' s up in Connecticut and he
doesn't even answer our telephone calls or letters. He' s just
not interested. He' s not around here all the time.
Exhibit - Chicago Title Insurance Company letter dated' 10/11/79.
MR. TUTHILL: Is that Baxter ' s barn?
MR. DOUGLASS : No, no. It' s Bokina.
MR. STANKEVICH: But Baxter owns this strip. Now I don't
think as a practical matter this-presents a problem. Number
one, all motor vehicles by law have to be less than eight feet
in width, and as you know the highway, super highways only
have 11-foot lanes and you have 11 feet that are clear of these
encroachments. Now, I believe that it would be equitable for
you to treat these large buildings as you would a valuable tree.
SOUTHOLD TOWN BOARD OF APPEALS -21- October 11, 1979
If there was a, you know, 200-year old Oak tree with a three-
foot butt, you wouldn' t tell my client to cut it down just to
get a 7-foot car around it. In fact you would probably tell us,
"Don' t cut it down under any circumstances. " And that' s the
type of conditions you often have put in your decisions. And
I believe that would be an equitable way to handle that problem.
There' s no way that Mrs. Bokina is going to move her barn or
her house. Naturally, as I indicated if we were all living in
1955 and we were creating this at that time, we would have taken
more care and attention to avoid the problem, but they knew
about it in ' 55 and they created it. Why? I don't know.
MR. DOUGLASS : Anybody going through here is driving right
in their front yard.
MR. STANKEVICH: That' s a fact. As a matter of fact we W .
got the legal right to do that and in due deference to,; Mrs. ;n
Bokina, you can see the traveled path in ' 55 approximates where z
i
it is today. Most everybody that goes up there goes over on
to Baxter ' s right-of-way.
ro
MR. DOUGLASS: They're riding in half of Baxter' s right-of-way. �xC
MR. STANKEVICH: It waivers in and out, it' s a farm road. ,'ss
m
MR. DOUGLASS : Right. We went .up there. We have pictures.
MR. STANKEVICH: Now this presents a second problem. You o
know, our first problem is the fact that we know there are en-
croachments that we can' t do anything about. Of course, that' s
why we are in front of the ZBA, because you're the type of Board o
that can grant equitable relief in these circumstances. The 1°
second problem is improvement of this right-of-way. We know
what your general conditions are and we know that they are
extremely expensive. Putting aside for the moment the question
of expense, if you require strict adherence to those conditions,
which you don't have to, you can vary them, .you're going to be
asking us to put a road right through Mrs. Bokina ' s front yard
and I don't think she wants' it, and I know we don't want that.
On the other hand we know you have the responsibility with duty
which you would adhere. to to protect the public, you know, so
you- gotta._ balance it. Number two , we know that the path as it
is now is, has been used by Mr. Parr. It' s been used by the
existing house that has been up there for about 6 years and we
don' t see really how one or two more houses at some future date-
MR. DOUGLASS: This whole thing is going to be some day.
MR. STANKEVICH: Well, when it' s developed as a whole that' s
when this problem is going to be solved, because somebody' s going
to punch a big road right through to develop the property, :;.The
Planning Board will insist upon it. We're in a grey area now
before development takes place. It may be some time before
development takes place.
SOUTHOLD TOWN BOARD OF APPEALS -22- October 11 , 1979
(The Board reViewS the right7of"way of Baxter .pr.opert; es
abutting the subject right--of7way. )
14
MR. STANKEVICH: Certainly, the applicant would be amenable
for instance to go along with a temporary access and if and when
it' s developed in that area require us to go into the new develop-
ment, fine. That ' s a practical , sensible solution. But for the
time being we've got a 1300-foot farm road that has caused nobody
any problems.
MR. TUTHILL: This one here will cause--
MR.. STANKEVICH: Well,, you always have problems, that ' s the
nature of the beast.
MR: DOUGLASS : It will have to be improved. It' s no good
the. way it is.
t�
MR. STANKEVICH: Well, if you require improvements, let' s
cl
think that through. If we get your requirements to improve this �d
to the full width, lb feet except for where the encroachment is. z
Or 15 feet. That' s certainly wider than is necessary for one car.
ZtsS certainly not going to do anything for Mr. Bokina because he
�O going to be dragging those rocks and pebbles into his farm. b
x
It' s certainly going to create a financial hardship in the sense �C
that it is 1300 feet, and I don't think you can do it for less
than $5. 00 a foot.. .
0
MR. DOUGLASS : We have it, with emergency vehicles in mind-
" z
MR. STANKEVICH: Yeah. o
'MR. DOUGLASS : And you have to have room for passing. It ' s �
top bad you can't get., together with Baxter and utilize and make o
one. I would suggest that that 110
MR. STANKEVICH Well we can't do that because he doesn't
answer our letters: I can't make him answer my letters. He ' s
probably in Florida', or whereever--
GAIL WICKHAM: My I interject? I 'm Mr. Baxter ' s attorney.
I 'm not aware of this application. He . is rather hard to get
ahold of. I would like to know how. this affects him.
MR. STANKEVICH: It ' doesn't affect him at all.
MR. DOUGLASS : It doesn't. It 'riins right along side of him.
MRS. WICKHAM: What is the subject of this application.
MR. DOUGLASS : They are after access, the right-of-way up
here to these properties here over what they have deeded. In
the deed they have this but this barn encroaches on it and this
house encroaches on it.
MRS . WICKHAM: But it' s adjacent. It' s not on --
MR. DOUGLASS : No. But the idea would be if the two of
SOUTHOLD TOWN BOARD OF APPEALS -23- October 11, 1979
'them got together..
MR. GRIGONIS : When was this right-of--way put in there.
Seems to be long before 1955.
MR. DOUGLASS : Yes, here it is right here. 1930 ' s.
MR. STANKEVICH: Let me say this also. That, you know,
questions are asked well, why don ' t we try to do something
with Mr. Baxter. Other than the communications situation,
there ' s a situation here with, because of the Court Order we
had to split it, and that led..to certain economic require-
ments to sell this property, and Mrs . Edson for First Towne
have sold it. Now, Mr. Olsen represents the purchaser. You
know, the price is struck. We-'-re really not in a position now
and never will be with these purchasers to, you know, get
a hold of Mr. Baxter six months down the road and do anything
with him because we don 't know that we can contact him; we
don't know that he ' ll be amenable to see anything, and if I
w&B hind I wouldn ' t sell anything. Why should he, you know,
he ' s got minimum access. He ' s not doing anything at the
moment. He doesn't know what his future plans are. I can't z
speak to him. So, we 're not in_ a position to say really,
to say, well let ' s forget about it for the time being because C"
we're going to hurt Mrs. Edson, we 're going to hurt Mr. Olsen, ,dd
We're going to hurt his client who has been renting it for x
some time who ' s an architect for one of the leading banks in
New York City. What we need and what we are asking you is 1_0
some help to make a practical resolution of it at this time. 'b
I 'm sure that some time in the future Mr. Baxter may do some-
thing, and it 'll dawn on him that it' s cheaper for him to ~'
get together with other people to build roads. I 'm sure that o
in our life times, or our children ' s, that subdivisions will
be had in the area, other access will be available. But what El,
we have is a problem that faces us now. M
0
Q0
MR: TUTHILL: This piece is divided into three lots.
MR. DOUGLASS : Right..
MR. TUTHILL: Ok, George.
MR. STANKEVICH: That's been divided -
by the Court.
MR. TUTHILL: Right.
MR. DOUGLASS : Right. And this comes over, their right-
of-way comes over and just touches the second one. And then
it ' s gonna have to cut'---down the side in here.
MR. STANKEVICH: We have enough land to do that.
MR. DOUGLASS : Yeah. It ' s gonna have to swing up inside
here onto the other property. What does this man (Parr) do then?
SOUTHOLD TOWN BOARD OF APPEALS -24- October 11, 1979
MR, Well. I can't speak for Mr. Baxter and
certainly not Mr. parr, you know? The answer is, I 've been up
to his house. He gets in and out. He' s got a house, he ' s got
cars.
MR. DOUGLASS : What ' s he have in his deed.
MR. STANKEVICH: I really don't know. Mr. Bokina says
nothing. But I 'm not his attorney and I 'm not going to solve
his problems. I'm lucky if I can solve my own problems.
MR. DOUGLASS : All right. Well , let' s see if there is any-
body else who has anything they want to say.
MR. STANKEVICH: That' s yours (title insurance company
letter) . That' s the original. That original title insurance
company letter is for your file to certify that there is legal--
MR. TUTHILL: Title.
tr1
MR. STANKEVICH: Yeah.
C1
MR, DOUGLASS : This thing here, you've got--
MR. STANKEVICH; This is for yours. I 'm adding it as an b
additional exhibit because it ' s new evidence and, you know, it W4
gives us a clear picture of what is happening and--
MR. DOUGLASS : Well , I have seen this before, and this is �
what I was talking about, and this is what you were talking to
the Attorney on this afternoon.
z
Ngi $TANKE`VICH; What we 're asking is possibly you could
instead of paving the full width, pave it a little narrower. N
Of course we wouldn!t have to pave it, I guess, until somebody rn
applies for a building permit up here, but knowing that you �
would be foolish to wait because inflation goes up. There is
nothing saved that way.
MR. DOUGLASS : Let' s see if there is anybody else who wants
to speak. Is there anybody .else wishing to speak for the appli-
cation. Is there anybody wishing to speak against the application?
MR, BOKINA: Yes, they have no access-
MR. DOUGLASS : Wait a minute, give your name please.
JOHN BOKINA: John Bokina.:; my family owns the farm and the
property. They have no, access to that number three lot; no
right-of-way whatsoever. Mr. Parr has no right-of-way whatsoever
to his house. Just uses our lot right, through. And I 've closed
it off once a year. Now they put underground lights all to this
Raeburn, Murphy, whatever house there, they put it on our prop-
erty, they've come across without our permission. It is still
there. There' s no liability on that farm. You know, if I took
SOUTHOLD TOWN BOARD OF APPEALS -25- October 11, 1979
a chisel and hooked those lights I could have gotten killed.
And nobody would pay me for it. Now as far as the house and
the barn, my father when he bought that t.arm he would never
have a clear title on that farm. unless-he never would have
never bought. it. So it must have been a clear title off of it.
MR. DOUGLASS : Well, now, when you say that they ran
lights , are the lights, electric wires run on the right-of-way?
MR., BOKINA: No. Part of the, lights is on our property
and part of it ' s on Baxter ' s.
MR. DOUGLASS : Well, there' s a discrepancy there because
unless it moves from Baxter ' s right-of-way, does it weave over
16 feet to the east?
MR. BOKINA: No, it weaves towards the west on our property.
We own the property on the west of it.
MR. DOUGLASS : But they have a deeded right-of-way.
C
MR. BOKINA: It don't make any difference. We own the z
property on the west 'off the Baxter ' s 20 foot.
MR.- DOUGLASS : They have a deeded right-of-way of 16 feet b
east of Baxter ' s.
MR. BOKINA: Right. When they put the lights on, they went 10
on Baxter ' s 20-foot, and when they come across, we own 5 point O
something acres, they came across our property. They didn't
actually go on Baxter ' s property. They went on our land that ~'
we own. z
0
MR. DOUGLASS : Well this is off the subject anyway, but I
don't see-- °1
0
110
MR. BOKINA: There is no liability now. If . I got-
MR. DOUGLASS : Well that. doesn't have anything to do with
this.
MR. BOKINA: If I got hurt or somebody else got hurt,
there' s going to be trouble.
MR. DOUGLASS : That has nothing to do with access. In the
deed here, the deed gives them by foot or by vehicle a right-
of-way 16 feet wide down your lot:
MR. BOKINA: Exactly.
MR. DOUGLASS: East of Baxter ' s.
MR, BOKINA: East of Baxterlls. I agree with that.
MR. DOUGLASS ; And this cuts into your barn and into your house.
SOUTHOLD TOWN BOARD OF APPEALS -26- October 11, 1979
MR. BQK:ZNA e ExaQt],X r
MR. DOUGLASS : And that' s in the deed.
MR, BOKINA: Right.
MR. DOUGLASS : And it goes over so that it goes past the -
first lot which has the house on ,it now, to the second lot that
they propose, and then they will have-- when it joins there it
has to go up into their lot. We're only interested in going to
the end of that so that it joins to that second lot. That ' s as
far as we are interested in going.
MR. BOKINA: Right. But they have no legal right-of-way
to that other lot. The Parr house.
MR. DOUGLASS : Right. They're not arguing that question.
They &DA t have any- argument on that whatsoever.
MR. STANKEVICH: I think the record should reflect that I
agree with Mr. Bokina. Unfortunately, I 've communicated over
the past two months with his mother and attempted .with his
attorney and finally he came in and saw me today, and that' s
the first time we were apprised about anything about wires,
and I don't him, "Look we 'll check it out and certainly move b
whatever should be moved. " This was done six to eight years
ago by LILCO and their contractor, some fellow from Aquebogue
or further west. But it really doesn 't have anything to do with
the access.
0
Pi
MR, DOUGLASS : Has nothing to do, with access. The lights
should have been in the access road, that' s all. o
MR. STANKEVICH: Mayb'o,:it was Friday night, or Monday N
morning, and somebody couldn't see straight. I don 't know.
But I also indicated to him that my client would be happy to �
sit down with Mrs. Bokina and, you know, for instance buy an
additional strech of right-of-way going towards Parr, but he
has to discuss this. with the family and that may take many
months, if ever. So that ' s why we're going to end up temporae
rily at least with a job to get to number three lot. I don't
think, Mr. Bokina, you really want, you don't care how the
road is improved. As far as you 're concerned, you don't use
it, right?
MR. BOKINA: I maintain the road and nobody pays me for it.
MR. STANKEVICH: Right. But I mean, you could care less
whether we throw stones in there, tar, because you don't use it.
MR. BOKINA: What? This 16 foot?
MR. STANKEVICH: Yeah. You plow on that 16 foot.
MR. BOKINA: I use it. I use it as well as the guy who' s
SOUTHOLD TOWN BOARD OF APPEALS -27- October 11, 1979
got the right-of-way. But I maintain it and nobody pays me for
it. That' s my right-of-way.
MR. STANKEVICH: . But if we paved that right-of-way, that
16 feet, you won't be able to farm on it. Right?
MR. BOKINA: I don't farm that. It' s .a right-of-way.
Sixteen foot.
MR. STANKEVICH: Well, isn' t the road going up to the house
now on Baxter' s right-of-way. Doesn 't it waiver over there?
MR. BOKINA: It waves like this , goes back. The other
16-foot is the legal right-of-way, but I maintain it-
MR. DOUGLASS: So, as a legal right-of-way it can be
improved.
MR. STANKEVICH: Yeah.
MR. DOUGLASS : What' s your opinion (to the other members)'? ci
z
MR. GRIGONIS ; Z still don't understand how it happened. '
John, how old is the house, do you have any idea? Q"
ro
MR. BOKINA: How old is the house? I think it' s dated
back to 1912 , 1913 .
ro
MR. GRIGONIS; It ' s. been up there since 1927 , 1928 . 't
0
MR. STANKEVICH: I ' ll have to tell you gentlemen that I ~
was incredulous when I got .this survey. I said, you know, z
0
what type of operation is this. It looks like a Chinese
fire drill. Somebody is putting rights-of-way through a house.
You know? And we don't want to hurt Mr. Bokina. We don 't o
want to move his house. Let's treat it as a big tree, and I Q0
think we have enough space to get around it.
MR. TUTHILL: They've probably never had a title policy.
MR. STANKEVICH: Things were done on a handshake, more
informal-- and so now we 've got--
MR. TUTHILL: We . get a lot of problems with these old
farm roads going up to the Soundfront.
MR. DOUGLASS : You see, what ' s going to happen, what
this creates is a spot that may block, and you can 't get through,
with heavy equipment. The fire equipment.
MR. STANKEVICH: I could disagree except to the fact of
the word "create. " We 're not creating anything here tonight
because it' s been created in 1955 and 1950 by Harold Reeve and
the rest of them.
SOUTHOLD .TOWN BOARD OF APPEALS -28- October 11, 1979
MR. DOUGLASS : Right, but we are creating �t as soon as ..We
grant it.
MR. STANKEVICH: No. You 're recognizing it exists. In_
other words, we 've got the houses up here already, and it ' s not
going to change it, and I think the other point is that there
is plenty of land on the other side of it. I mean the fact
of the matter is that right now most of the access is on Bax-
ter' s property, to go on the other side of the trees.
MR. DOUGLASS : Wait a minute. I 've got a picture of it here.
MR. STANKEVICH: So, if you wish, you know, you could amend
the conditions to say no, this right;of-way should not be fenced
on the westerly side so that, you know, so that cars- and trucks
couldn't be pinned in. Fine. It' s not fenced now and never will
be.
MR. DOUGLASS: You see? There' s your right-of-way. And it
goes into the house here and goes into the barn.
b�
MR. STANKEVICH: Right. z
i
MR. DOUGLASS : Now, before I, I will recess this thing and
C
you come back and show us on a true survey what space is going b
to be allowed left in there. x
MR. STANKEVICH: Well, you have a true survey in front of you.
ro
MR. DOUGLASS : No, you don' t; you don't have any footage in w
there for me. H
z
MR. STANKEVICH: Sure I do. This side is 5.1--
MR. DOUGLASS : Five point one, right, out of 16 , that' s 11,
and there you've got 3 . 1. Ok. Q0
MR. STANKEVICH: And you could specify minimum of 10 feet at
the clear, or--
MR. DOUGLASS : That' s rough.
MR. STANKEVICH: That' s why I opened up saying, you know, I 'm
not here demanding, I 'm saying we've got' a problem. My client
didn't create it, but we all have to work together to some degree
and solve it.
MR. DOUGLASS : Well this is going to have to be improved by
our standards.
MR. DOYEN: I don't know of any instance where we have
granted access' with a 3=foot tree or anything else.
MR'. STANKEVICH: Say there was a valuable oak tree, would you
cut it down?
SOUTHOLD TOWN BOARD OF APPEALS -29- October 11, 1979
MR. DOUGLASS : Yes. You've got that right here. You haven' t
10 foot between that house and those trees;:.,
MR. STANKEVICH: You know, we think we do and if we have to,
you know, we' ll cut the trees down. The point is how are we going
to work together and make a solution out of this. We don't want
to hurt Mrs. Bokina. We don't want to hurt Mrs. Edson. We don't
want to hurt Mr. Stankevich. We don't want to hurt yourselves.
We-..don'.t .want to .hurt the Town, but we, I think, it' s pretty--
you know, I 'm not in here trying to. slip . by and say, "Hey, we
want to make money. "
- MR. DOYEN: If you can work with him and he wants to 'give
you another right-of-way over his land to get here, that is if
he owns the land, other than that I don't know how he can- '.; .
MR. STANKEVICH: Well, he doesn 't want, I 've asked, he
doesn't want to talk to us, and I can't be bothered-
MR. DOYEN: I 'm talking about the owner of this property, W
unless he gives you a way around his house. And other than
that we've never granted; I don't know if we're allowed to z
grant it.
Ci
MR. STANKEVICH: Maybe you better talk to your attorney.
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MR. TUTHILL: We did, and he said no.
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1-0
MR. DOYEN: He said no. He said no�,,way, had to have it clear.
Pu
MR. DOUGLASS : He said no: You talked to him. z
0
MR. STANKEVICH: Yeah, but he didn't say that to me.
N
MR. DOUGLASS : He did to us. Would you .come up here please, o
Mr. Bokina? Would you consider letting them in through a differ- 10
ent spot in your land around. to here so that it doesn't affect
your house and stuff, to get them away from your, from against
your house. There' s no way around the. east side of you, the
east side of your house?
MR. BOKINA: I 've got irrigation water and stuff there.
How are they going to go across that?
MR. DOUGLASS : I don 't know. I 'm asking you.
MR. TUTHILL: In other words, go around back of the farm.
MR. DOUGLASS : To go around in back of this barn you see,
rather than go up through here.
MR. BOKINA: Oh, they probably could.
MR. DOUGLASS : Because this .is, if they have a right-of-way
now over this and they can go charging up through there now, and
SOUTHOLD TOWN BOARD OF APPEALS -30- October 11 , 1979
you step out of your mother' s, if your mother steps out like she
came out to see me the other day out of this door, and somebody' s
coming zapping through here with a car, she hasn't a prayer;
where if your mother would consent to a way around this, around
the back of the barn and write this one out.
MR. BOKINA: Well how did my father get clear title to
buying something like this where--
MR. DOUGLASS : It was probably done a handshake_back in those
days. Or there wasn't any title search.
MR. TUTHILL: You haven't got a title policy, have you?
MR: BOKINA: Yes , I believe we do.
MR. TUTHILL: You sure of the title?
MR. BOKINA: I don 't know. I ' ll make sure. You know, I ' ll
have to make sure. C
MR. DOUGLASS : Right. It was probably done on a handshake,
nobody even figured this. Back then they used to go by this tree,
and that post and stuff rather than a survey. ro
NCR. BOKINA: Oh I think I can get a deed back to 1913 .
P;R. DOUGLASS : All right.
Pi
MR; B.OUNA; Where Mr. John Drum owned it and Russell Jones ~'
sold it to my father. o
MR. DOUGLASS: I 'll tell you what I would like. I would
l�,,Xe to recess this till November 15th and have you check with �
your mother and your brother and see if you can come up with a C)
logical solution around this way to get this thing out of.- your
yard, write this thing off.
MR. BOKINA: Well I 'm gonna tell you something. You know,
this has nothing to do with what he' s talking about, whatever
you're talking about. Now he put the underground lights. Now,
Mrs. Raeburn, whatever, owns that house up here--
MR. DOUGLASS : Yeah, I 've got it. Right up here around
this corner.
MR. BOKINA: So, they went and put underground lights
to them two lots and gave Mr. Parr lights.
MR. DOUGLASS : Oh, well, this has nothing to do with this.
We know-.
MR. BOKINA: But if I went and bought this piece of prop-
erty from this man, I don' t want anybody else' s lights on my
property.
SOUTHOLD TOWN BOARD OF APPEALS -31- October 11, 1979
MR. DOUGLASS : That has-, if LILCO did something like that,
that' s LILCO' s problem.
MR. BOKINA: No, LILCO didn't do . it. It was private.
MR. DOUGLASS : You see, we only come to here. We're only
interested in right to here. Then it' s going up into this
property, the access. And this is the only thing we are inter-
ested in this application. I , for one, am not going to grant
an access that' s going to be in your barn and part of your house.
I feel that you should--
MR. BOKINA: How much right-of-way do you need?
MR. DOUGLASS : Sixteen foot.
MR. BOKINA: Exactly.
MR. DOUGLASS : Sixteen foot. That ' s all. So I ' ll--
. �
MR. STANKEVICH: I think the record should reflect, and I
think before you make the decision, check with Mr. Tasker, z
that the 'Town Law says 15 feet is presumptive good access,
and that means .that nobody, you know, can argue with 15 foot �
I think there are many. cases that say sometimes 10 would be b
sufficient. x
MR. DOUGLASS : We only require 15 foot, the Zoning Board.
only requires 15 foot.
0
MR. STANKEVICH; Right.
MR.. DOUGLASS ; But in your deed it says 16 and -- 0
MR. STANKEVICH: It says 16 .
0
MR. DOUGLASS : And it says 16 on up here, and you're going
to give him back 16 here if he comes around here and let' s you
go around the back of this barn.
MR. STANKEVICH: Well , if he would agree to do that tonight
fine. I 'd be very
MR. DOUGLASS ; Well he has to go back to his mother and his
brother.
MR. STANKEVICH: But our problem is simply this: That we
are stuck with a problem that was created in the ' 50 ' s , right?
And Mr. Olson has a client that has contracted to buy, you know,
and there are certain obligations that have to be fulfilled,
W11thin time standards. Now I 've been, you know, it ' s just been
Impossible to say Mrs. Bokina is going to come back in one day,
two weeks, or ten years. What if she doesn' t?
MR. DOUGLASS : Well, then we' ll meet that head on, but
r*ght now�-r
SOUTHOLD TOWN BOARD OF APPEALS -32•- October 11, 1979
MR.... STANKEVICH.: Well , We 're asking you to meet that head on
tonight.
MR. DOUGLASS : No, I 'm not going to . I 'm going to recess it
till the .15th of November and give you time to go back to your
mother and brothers and see if they will agree to a way around
your property there so that this thing does not have to be hard
against your porch windows and through the middle of your barn.
MR. BOKINA: Suppose we have a clear title on that. Suppose
we have a clear title on the house and barn on that right-of-way.
MR. STANKEVICH: So I ask maybe one indulgence that in due
respect to the broker and buyer and their attorney, could we have
a special meeting before then to get this thing since it is
unusual, later this month? For instance, we have a Planning
Board meeting coming up, right? Well, you know, it' s chicken
and egg. They don' t want to move until you move, and --
MR. DOUGLASS : No, I think we' ll hold it for our regular
meeting. C
x
MR. STANKEVICH: This is going to hurt. It may drop the z
sale, you know? I know it' s not, that 's a factor to consider.
I 'm not worried about my fee but I 'm worried about principles ro
involved. x
MR. TUTHILL: Well it' s better to recess this than to deny it
because
0
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MR. STANKEVICH: Well, I don' t think it' s necessary to deny it.
z
MR. TUTHILL: You could grant- it if it was clear and if it
was improved, subject to the improvements that we -n
N
MR. DOYEN: Isle can recess it and reschedule but we can' t �
;coo_.anything tonight.
MR. TUTHILL: That' s what I say, I don't want to deny it.
MR. STANKEVICH: But 1 think if you check your records;,
you've probably never denied a 280-A.
MR. DOUGLASS . We can deny .it because of the grounds,
or we can grant it subject to their removing the obstacles
that are in that access. But I 'm not going to pin it down to
that.
MR. DOYEN: Sure, if we grant it, it means they've got to
demolish it.
MR. STANKEVICH: I don't think, I think you ought to check
your records ,. I dbhi t.:think you've ever denied a 280-A.
MR. DOYEN: That' s why we ' ll ask for the 15th, because
we've never done it, and that was the advice of the Attorney
this afternoon.
SOUTHOLD ,TOWN BOARD OF APPEALS -33- October 11, 1979
MR. DOUGLASS : I, we will make a motion that this be. recessed
till November 15, 1979 so that Mr. .Bokina can go back to his
family and see if there can be ,a reasonable adjustment made in
the right-of-way so, that it will not go through his buildings .
MR. STANKEVICH: Thank you, gentlemen. You can keep that.
Q
On motion made by Mr. Douglass, seconded by Mr. Grigonis, z
it was
RESOLVED, that the matter of the application of ROBIN A. x
RAEBURN and MARY ELIZABETH MURPHY-, Appeal #2609, be RECESSED '
until the November 15 , 1979 meeting of this Board.
N
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, C>
Tuthill and Doyen,
PUBLIC HEARING: Appeal #2618 . Upon application of Ronald J.
Edeen, Main Road`, East Marion, New York (Rudolph H. Bruer, Esq. )
for a Variance to"""-the.,_.--Zoning Ordinance, Article III, Section :d
100-31 for permission to- subdivide property with insufficient h
area and width. Location of property: Main Road, East Marion,
New York; bounded north by Reybine, south by Main Road, 'west by
t:
Limouze, east by Dam Pond.
P)
The Acting Chairman opened the hearing at 9 : 59 P.M.
4#
It was requested by Rudolph ,H. Bruer, Esq. , agent for the
applicants that this application be withdrawn without prejudice
to renew it at a future .time: No' formal hearing was held.
MR. DOUGLASS : Thank you, sir, except that this application
is granted to be withdrawn without prejudice at any future time,
that it 'may come back.
On ,motion made by Mr. Douglass, seconded by Mr. Grigonis,
it was
RESOLVED, that the application of RONALD J. EDEEN,
Appeal, 42618 , be WITHDRAWN WITHOUT 'PREJUDICE..
Vote of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen. x
PUBLIC HEARING: Appeal #2617 . Upon application of y
VINCENT and CATHERINE'ACUNTO, 35 Glenrich Drive, St. James, New 0
York (Rudolph H. Bruer, Esq. ) for a Variance to the Zoning >
Ordinance, Article III,, Section 100-31 for permission to con-
struct, dwelling with insufficient frontyard setback. Location.
of property: Gagen' s Landing Road and Clearview Avenue, South-
old, New York; bounded north by Clearview Avenue, south by Goose z
Creek, west by Gagen' s Landing Road, east by Gagen, Lademann and
Delyanis.
N
F-
SOUTHOLD TOWN BOARD OF APPEALS -34- October 11, 1979
The Acting Chairman opened the hearing at 10 : 00 P.M. by
reading the application for a variance, reading the 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
John A. Gagen; fee paid $15. 00.
MR. DOUGLASS : I have a part of the County tax map
which shows this lot on Clearview Avenue and Gagen' s Landing
Road. I also have a copy of the survey. Is there anyone
wishing to speak for this application?
RUDOLPH BRUER: Rudolph Bruer for the applicant. Gentle-
men, basically what happened here is my client entered into a
contract to purchase this property. The Contract, the des-
cription of which was one that was basically north by Clear-
view, west by Gagen' s Landing, east by Gagen, and south by .
Goose Creek, it was upon, the time he entered into the con-
tract he thought he was purchasing a piece of property of
approximately 119 feet in width along with a 119 feet of
waterfront. It was only after the survey came forth that he
learned about --the s.iae of the property, and it ' s based upon n
that he ,always had in mind to retire out here and to build z
a house, and the house he has in mind happens to be 55 feet y
wide. He wants to be able to sit it on the property and be o
able to look out at the water which is the logical place to
put it. Because-,this is .a. ..co.rner lot and its size and the
width of the lot, he would be required to have on Gagen' s o
Landing Road a 35-foot setback, or a 40-foot wide house. My N
clients request that he be able to have a 55-fo0-t wick house, z
And ask the Board under the circumstances the nature of the 0
beast here, sort of speak, the lot that was created many
many years ago, with the division of property prior to zoning,
that the application be granted. This is not a filed map,
it is something that has been cut up here and there throughout .
the years.
MR. DOUGLASS : These two lots were granted. by the Board
of Appeals on May 9 , 1957 .
MR. BRUER: Right, just about zoning.
MR. DOUGLASS : At the start of Zoning.
MR. BRUER: Right.
MR. TUTHILL: You might be able to have a house that
.wide if you--
MR. BRUER: I mean, back at that time you only required
a quarter of an acre for a lot. And this was certainly much
more than was necessary at that time; however, it doesn' t
come up to standards today. Obviously, which is why we are
here and we are asking for the variance.
MR. DOUGLASS : All right, is there anything else?
SOUTHOLD TOWN BOARD OF APPEALS -35- October 11, 1979
MR. BRUER: No, that' s it. Thank you.
MR. DOUGLASS : All right. Is there anypne. else wishing to
speak for this applicatioA? Ins anybody wishing to speak against
this application? In all due respect to Mr. Bruer ' s appeal, we
checked, and these lots were set up on May 9, 1957 by the Zoning
Board of Appeals on special exception back then, on a variance
back then, because back then they required a 100-feet, 125 feet
of frontage, and so they were set up way back there. We have
another lot adjoining this one that' s identical in width but is
not 'a corner lot, so it is definitely going to be influenced by
what happens on this lot. We felt after checking it over- that
there is not sufficient hardship in the amount of land that he
has to, that he has to establish this type of setback; if he
changes his swing of his house or his style of his house, he
will be able to get the setback that he needs. And under those
circumstances, if anybody would care to make a motion that it
be disallowed with the suggestion that he change the position
of his house.
MR. TUTHILL: Well, I can. symphathize with the man. Think-
ing he bought one thing and getting something else, I guess
that could have been prevented but he wound up with it, and .it
seems-to me he ' s got to tailor his house to the lot rather than
try to tailor lot to the house, and I 'll have to move that it n
be-,disallowed.
z
�-3
O
After investigation and inspection, the Board finds that >�
the applicant is requesting a variance for insufficient front-
yard setback of 20 feet. This seems impractical due to the 0
reason that a house of the same proposed size could be built P)
on this parcel without requiring a variance. The 20-foot set- ~
back would not be within the pattern established within the. o
neighborhood. '
N
The Board finds that strict application of the Ordinance
would not produce practical difficulties or unnecessary hard-
ship; the hardship created is not unique and would not be
shared by all the properties alike in the immediate vicinity
of the property and in the same use district; and the variance
will change the character of the neighborhood and will not
observe the spirit of the Ordinance.
On motion by Mr. Tuthill, seconded by Mr. Douglass, it was
RESOLVED, that VINCENT and CATHERINE ACUNTO, 35 Glenrich
Drive, St. James, New York, (Rudolph H. Bruer-, Esq. ) be DENIED
WITHOUT PREJUDICE a Variance to the Zoning Ordinance, Article
III, Section 100-31 for permission to construct dwelling with
insufficient frontyard setback. Location of property: Gagen' s
Landing Road & Clearview Avenue, Southold, New York; bounded
north by Clearview Avenue, south by Goose Creek, west by
Gagen' s Landing Road, east by Gagen, Lademann and Delyanis.
Vote of the Board; Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
SOUTHOLD TOWN BOARD OF APPEALS -36- October 11, 1979
PUBLIC NEARING; Appeal #2616. Upon application of STUART R.
DUBON, 293 Randall Avenue, Freeport, New York, (Gary Flanner Olsen,
Esq. ) for a Variance to the Zoning Ordinance, Article III, Section
100-31 for permission to construct a dwelling with insufficient
sideyard'. Location of property: Southern Cross Road (or South
Cross Road) , Cutchogue, New York; bounded north by South Cross
Road, south by Hunt, Gurican, Milito, west by Moon, east by Wolber.
The Acting Chairman opened the hearing at 10 :10 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
owners. , was made to Mr. and Mrs. Alfred Wolber, John Hunt, Jerry
Gurican, Comllo and Frances Milito, Inez Moon; fee paid $15. 00.
MR. DOUGLASS : I have a copy of the County Tax Map showing
this and the surrounding properties, and a copy of a map showing
the property and proposed house. Is there anyone wishing to.
speak for this application?
GARY FLANNER OLSON- I am the attorney for the applicants
having my office at Main Road, Mattituck. Basically what this
boils down to we 're short 2 . 3 ' feet on our sideyards. We're �
supposed to have a total of 26. 3 , and we only have 24 to build o
the kind of house that we have designed. Mr. and Mrs. Dubon z
when they bought this property in 1975 went to the Building >
Department and apparently came away with the impression that ro
they would have no problem constructing a house on this prop-,
erty up to 70 feet wide. So when they started looking for houses
to put up they kept that in mind and the house that they selected
is 66 feet, which is 2. 3 feet wider than the Town will permit o
without going through this variance procedure. They have con- '
tracted Norman Reilley, a builder in Mattituck to build a house N
and they have submitted their building plans for specifications H
to the Southold Savings Bank and their building loan has been
approved, and when they went, when the builder went to get the
building permit at that point for the first time realized that
they had this problem. I know you had gone up to the site as
2 have, It' s a wooded piece of property. The house immedi-
ately to the ea,st-has its driveway running along the boundary
between the Dubon parcel and the Wolber piece, and so in effect
that really does separate the Wolber house even further from
Dubon. I think the spirit of the Ordinance would be met by
granting of the variance. You're not reducing the sideyards
by very much. It ' s only a foot on one side and basically a
foot point three feet, 3 inches, on the other side. It is
a wooded piece of property and Mr. and Mrs. Dubon have indi-
cated to me tonight that it is their intention to keep as many
trees as possible, so it' ll help preserve the privacy. I
think the purpose of the Ordinance is to have a little breath-
ing space between houses, so people have some elbow _room.
But I can't see that the granting of the variance, you, do have
the right to vary the ,strict rules if you feel it' s in the best
of the community, and I don't think that granting of the variance
would substantially detract from the 'community. I think the
SOUTHOLD TOWN BOARD OF APPEALS -37- October 11, 1979
house that' s going to go up will be a real-asset to the community, -
and there are all kinds of houses on that street, there are some_ ._ .;
relatively new ones which are attrative and then thererare -some
older summer-type homes, but the house ,that my clients will- be
building will be a yearround house and will be Cape Code in
style and should be a real asset to the neighborhood. I don't
have any other .comments unless you have some questions.
MR. :TUTHI_LL: When you say 26. 3 inches, that ' s including
20% which the Building Inspector gives--
MR., OLSEN: The Building Inspector said that he could
approve a house that had a width that would leave 26!73" total
ssdeyards. using their formula, I don't know how he arrives at
it., but that' s , just-
MR. TUTHILL: I just wouldn' t want anybody in the audience
for example to think that our sideyards were 26, it ' s 35-
MR. OLSEN: No. This is a narrow piece of property. It' s
an older described piece metes and bounds description, it'.s
only 90 feet wide. So we're dealing with a lot that' s by d
today' s standards a narrow lot, and as I stated the reason
we got into this situation was because there had been some z
_ indication that the Dubons could build a 70-feet wide on this
piece without having a problem. It -would be a practical dif-
ficulty. and a hardship for them if the variance were not granted.
cD
MR. DOUGLASS: The Zoning requires 35 feet, 15 feet and
20 feet.. Fifteen on one side and 20 on the other. That' s what �
the Zoning requires. The Building Inspector is allowed to
decrease the sideyard area by 20% automatically on nonconforming N
lots. But the Zoning Ordinance is 15 and 20. rn
rn
MR: OLSEN: I appreciate that.,
MR: DOUGLASS : Not- to 26, like Terry says, that you're
talking about. Is there anybody in the audience that wishes
to speak .against this application'?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS: In inspecting this, we went all along that
road, and aS�-you say there are some pretty nice homes there.
And all of them along there that are built have existing more
sideyard than this is .requesting. Up and down the street:
. There ' s still going to be another lot up above you, above your
piece in the woods, right?
MR. OLSEN: To , the west there' s a vacant lot. Yes.
MR. DOUGLASS; There' s another vacant one up there. And
to stay in conformity with these other houses that are along
there, it was .our feeling that at the time that you- could
J mayhe . do something with your house to bring it back to that
26 . 3 so that you don't need the sideyard variance.
SOUTHOLD TOWN BOARD OF APPEALS -38- October 11, 1979
MR,. 94PTiX: Z t nk they have discussed that with the
builder, and Mr. Dubon is here, he might have some thoughts.
MR. DUBON: The only thing I could say is that .in build-
ing a house you go through a lot of problems in the specifica-
tions , looking for plans which I 've taken a number of years
to do, and I 've finally arrived at something we can afford
and we like, and it isn't really that much bigger than what
it should be. And there isn' t anybody here tonight to oppose
this, other than it is not in accordance with the Zoning.
MR: DOUGLASS : Well, we have to do what is best for a
community area, and at the present time up there, there is,
you see, you are already getting a cut down from 35 feet to
26 foot, automatically, with the Building Department.
MR. DUBON: Well , do you get a 35 feet when you have a
100-foot frontage, or is that-
MR. DOUGLASS : Anything. That ' s the Zoning Law. But he
is allowed to cut it down, you see, on a sub-standard lot- by
200 , which he has done for you. Now you're asking to go d
lower than that and' park yourself tighter yet- to the thing.
0
MR. TUTHILL: How much of a difference is he asking? z
ro
MR. DOUGLASS : He's looking for another 1-1/2, a little �
better than 2 foot, 2-1/2 .
N
MR. OLSEN: We Would agree to keep the trees on the side-
0
yard if that would help any. .
N
MR. DOUGLASS: Well, I know, I know he' s going to do that
anyway. He ' s not going to destroy them, because then he rn
defaces his property.
MR. OLSEN: And with the .driveway immediately to the east
running right along the edge of the property, it does-
MR. DOUGLASS : But that man has a lot of distance between
his house and your property, that property you 're talking about.
MR. OLSEN: No, he has .the house plus the driveway which,
I mean, it does-
MR. DOUGLASS : Where are you going with a driveway?
MR. DUBON: -.- On that same side.
MR. OLSEN: It' ll be on the same side.
MR. DOUGLASS : Which is --
MR. DUBON: On the east side.
MR. OLSEN: That would be the 10-foot side.
SOUTHOLD TOWN BOARD OF APPEALS -39- October 11, 1979
MR. DOUGLASS : On the 10-foot side, you're going through a
10-foot space with a driveway:
MR; OLSEN; No. The house will be 10 feet away.,,
running
straight up 'like this to the house_. The garage could be here.
MR.. DOUGLASS: It' s part of it.
MR. OLSEN: That' s right. The driveway wouldn't be closer
than_;,ten feet from the property line. [That I 'm saying is that-
MR. DOUGLASS : You don't have a picture of the house, or
a drawing of the house here.
MR. OLSEN: No, we don't.
MR. DUBON: It' s a Cape Code with ,an attached garage.
Looking at it from the front the garage is on the left side.
MR. DOUGLASS: Do you have to attach the garage? Could Cil
you put it out back?' o
z
MR. DUBON; It takes away from the, aesthetic view from? ibe
house. It .really does. I;?don't know if I want to do that
ro
MR. DOUGLASS : I know that you don't want to. Can you to F-
conform? There doesn't appear to be reasoning enough to grant
it. 0
MR. DUBON: Not actually because behind the garage itself
rn
is a small auxi.,l:ziary laundry room, which is an entrance from
the house itself. So if the garage is detached then the laundry
room is going to be in the backyard.
MR. DOUGLASS : Do you have anything to comment on?
MR. GRIGONIS: I don't know. Where it ' s in the woods--
MR. DOUGLASS : Well they are already getting from 35 down
to 26. Automatically.
MR. GRIGONIS : Looking from the road I couldn't tell if
it was 26 or 24, that' s. what I !m getting at.,
MR. DUBON: I have the feeling also that the fact that
nobody is here to object to . this and because of the fact. that
I'm a 15-year member of that community anyway as a summer
resident, where I had just sold my summer bungalow to build
this house in anticipation that this would be approved.
MR. TUTHILL: The fact that there' s no objection doesn't
mean it --;
MR. DUBON: Yeah, but I 'm thinking of the neighbors and
what they feel in terms of --
SOUTHOLD TO& BOARD OF APPEALS -40- October 11, 1979
MR. TUTHILL: Well since this is very similar to the one
before this that we denied, I 'll have to make the same comment.
Ihl..,not going to make a motion at this time, but it ' s my
feeling that a house has to be tailored to fit a lot and not
vice versa, to tailor a lot to fit the house. And if we
hold tight to that, why Mr. Reilly will have to decrease the
size of one room or one end of it by two feet three inches.
I ' think Charlie agrees with me too, but I will tell you what
we did on the one before this, because it involves a little
bit more in the way of variable distances. Especially since
there is a vacant lot next to it, well they might just as well
say, "Look at Dubon. He' s only got 24 feet, or whatever, and
why can't I have it. "
MR. OLSEN: Well, as you indicated before the Building
Inspector has given a leeway of which is being done. I
can't see where it ' s going to make that much difference one
way or the other, but we' ll leave the trees up and there are
some extenuating circumstances and that apparently there had
been some indication that the house could be as wide as 70
feet. Now whether it was well-founded or not, I don 't know.
But we do have our Building Loan all approved by the Bank
based on these plans and so on and Mr. Reilly is ready- to d
start, what, next month?
o '
MR. DOUGLASS ; They' ll approve this a little narrower, z
too. They won't change the building loan for that.
MR. OLSEN: I think the size of the rooms really have ,
been scaled down to about as small as they can and
still be livable.
0
MR. DOUGLASS : Well I don't have that plan to see. N
rn
MR. OLSEN: That' s what the bank has, I guess.
MR: TUTHILL: Well, there' s Mr. Reilly right there. He
can answer--
MR. OLSEN: I know Mr. Reilly and Mr. Dubon have gone
over this together and if we felt we could do it we wouldn' t
be here. I guess that' s the point.
MR. DOUGLASS : I personally am of the opinion that you
should go to where the Building Inspector can allow you and
stay there. This is my feeling, rather than set a precedent
along . there where all the other houses have now---much more
width.
MR. OLSEN: Well I don't know whether that ' s actually
the fact or not, because the only way you could determine
it is by having accurate surveys by a licensed surveyor on each.
MR: DOUGLASS : I went to each
piece and measured, so I know where they are. I also have
pictures of them. I ' ll make a motion to the fact that it
SOUTHOLD TOWN BOARD OF APPEALS -41- October 11, 1979
stay where the Building Inspector can allow it and the house be
adjusted to it, or whatever, if anybody wants to second it, if
they don't--
MR. OLSEN: If I may, if the Board is going to pass a
negative decision, I would like to withdraw the application.
MR. DOUGLASS: Oh, you can, without prejudice. That' s no
problem.
MR. TUTHILL: See what you can work out.
MR. OLSEN: Well, at this point we'll withdraw without
prejudice.
MR. DOUGLASS ; And then if, see what .you come up with it.
You can always come back if there is-- But sit down and see,
he' s granting you from 35 down to 26 already, automatically,
which he is allowed to do on this lot. d
x
MR. OLSEN: On his, with his discretionary power, and for o
anything else we have to come to you. You do have the power z
to grant the variance if you feel it ' s not going to substantially b
change the character of the neighborhood, which I don't think it
will, but that' s-- w
MR. DOUGLASS : Well, they all have much more land than that z
now, and like the man before, 'why he going to have to turn his 0
house a complete swing, and then he can conform, you see? N
rn
MR. OLSEN: Well, I didn't hear the prior.
MR. DOUGLASS : Well, the lot is there and the house should
conform to the lot rather than the lot to the house. There are
extenuating circumstances, I 'll grant you that, but there doesn't
appear to be that much hardship here.,
MR. OLSEN: Well, at this time we will withdraw it without
prejudice.
On motion made by Mr. Douglass, seconded by Mr. Grigonis,
it was.
RESOLVED, that the matter -of- the application of STUART F .
DUBON, Appeal #2616 , be WITHDRAWN WITHOUT PREJUDICE.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis,
Tuthill and Doyen.
> F3
'-0 H
PUBLIC HEARING: Appeal #2615. Upon application of MAT- mH TITUCK HOLDING CO. , Mill Road, Mattituck, New York for a PC!
Special Exception to the Zoning Ordinance, Article VIII , Sec- ~ n
x
✓ tion 100-80 (b) (15) for permission to construct a boat storage o x
• 0
N
N C7
61 H
N �
U7
SOUTHOLD TOWN BOARD OF APPEALS -42- October 11, 1979
shed. Location of property: West Mill Road, Mattituck, New
York; bounded north by Holmes & Killian, south by Foudy, Ziegler
& McGunnigle, West by Leo Grande and Inlet Lodge Inc. , east by
Mattituck Creek.
The Acting Chairman opened the hearing at 10:35 P.M. by
reading the application for a Special Exception, legal notice
of hearing, affidavit attesting to its publication in the .
Suffolk Weekly Times, the official newspaper, Notice of Dis-
approval from the Building Inspector; and letter from- the Town
Clerk that notification had,_been given to: Agnes McGunnigle,
Inlet Lodge, Joseph Leo Grande, Mr. and Mrs. William Killian,
Louis Ziegler, J.R. Holmes, and Mr. Robert F.oudy,; fee paid $15. 00.
Notice is hereby made that the legal notice as published
in the Long Island Traveler Watchman was published incorrectly.
However, the -Acting Chairman will hear any and all: comments
relating to this application.
F3
MR. DOUGLASS : This will have to be recessed for two reasons. y
One that it •was published wrong in one paper, and two, we will
have to request of the Holding Company a parking-space plan if n
this is granted in the position, we have to have a parking-space x
plan. However, I will take testimony for and against .this ap- o
plication, so that those of you who are here for it will not r
have to return unless desired at another time. So at this d
H
point, if there is somebody who would like to speak .for this
application., why We. take .the testimony on that.
n
0
WILLIAM .BOSCOLA: Mr. Chairman, my name is William Boscola.
There will be no parking down at that end; the employees .all >
park up at the north end of the property.
b
m
MR: DOUGLASS : .. Yes, that' s -quite all right, but you have H
customers in there that are not employees. z
0
MR. BOSCOLA: No. As - I say, there is no parking down at
that end.. We-stay up at the- other end..
MR: DOUGLASS : ' We must have a parking plan for the general "'
area along there to show - ; how the whole situation is going to
be. affected by it, from you so that we can determine .from there
on the positioning of the building. This is a request, it is
something that we need.
MR. BOSCOLA: You need it for the other buildings, is that
what you want?
MR. DOUGLASS: Yes, so that we know how this building is
going to affect the _ area that you're using for parking.
MR. BOSCOLA: It will not affect it at all.
MR. DOUGLASS : Well , we need a plan, a parking plan for it.
For the whole thing.
MR. BOSCOLA: All right. You see, I did check about that,
SOUTHOLD TOWN BOARD OF APPEALS , -43- October 11, 1979
and they told me that I. didn't need it.
i
MR. DOUGLASS., Well, we had a meeting,
MR. BOSCOLA: Because I . could have easily had it--
MR. � DOUGLASS : Well, I don't know who told you you didn't
need it. It wasn't any of us. But we require and we need it
to determine positioning of the building. We' ll set it for
the November 15th meeting so that you can bring it in and we
can act on it at that time.
MR: BOSCOLA: Would that be the earliest, Mr. Chairman?
MR., DOUGLASS : That' s the earliest meeting.
MR. BOSCOLA: The weather s really breathing down `our backs. .
H
MR. DOUGLASS : That' s our next meeting, yes. That ' s the y
next meeting of the Appeals Board. n
x
MR. BOSCOLA: But the, parking is the only problem then, W ,
Mr. Chairman? o
r+ -
d
MR. DOUGLASS: Yes. That ' s what we want so that we can z
determine. the positioning of the building. Ga-
n
MR. BOSCOLA: Is there anyway. I can draw .it in right now?
MR. DOUGLASS: No, it'll have to be on a sketched, take 1-0
one. of your plans and sketch -it - in because there' s so much area m
required for each car, required to zoning.
N
MR. BOSCOLA: But this is strictly boat. storage, as I say, z
0
there will be no automobiles down there.
N
MR. DOUGLASS :, I understand that, down there. But we want .
this for your total area there to see how the elimination of Ul
that ground is going to affect the total area.
MR. BOSCOLA: Ok.
MR. DOUGLASS: Is there anybody else wishing to speak for
the . application? Is there 'anybody wishing. to speak against
this application?
ABIGAIL WICKHAM: Gentlemen, my name -is Abigail Wickham
of Mattituck. I represent Robert Foudy who is the adjoining
owner to the south of this property. He'.owns lot "0" on the
map in front of you. He has a number of reservations to this
proposed building, and a number of questions about' it that I
would like to address to Mr'. Boscola. What we would have here
would be an expansion of the commercial enterprise which is in
predominantly residential area. It is zoned "C Light Industrial"
but ,I believe the history of this property was that it was a
nonconforming use originally. It started out with the Naugles
SOUTHOLD TG*N BOARD OF APPEALS -44- October 11, 1979
Shipyard as• a smaller piece and it Was eventually a piece of
property a larger piece from the Barker Estate was acquired,
and which Was just vacant wooded land and has expanded from
that, from there. Now, gentlemen, when you're talking about
a nonconforming use, even though this has been ligitimized
by zoning change, your,general idea is that it is something
that' s been going on for. some time in a different type of
district, here a residential district, and therefore you
do permit it to continue when the zoning code goes into effect,
but you try to limit it. You let it exist as it is going on,
but you don' t let it change the use or expand it, and what
we're doing here is really, it would be permitting an expan-
sion of the commercial enterprise. Now the main problem that
that creates for Mr. Foudy, my client, are three things.
One is that we 're concerned with the additional lights from
this area. I understand they have already obtained Planning
Board Site-Plan approval based on a number of factors in the-
submitted sketch. There would be a number of lights. There y
are already lights on the other building and in the night time H
there would .be quite a glare from additional lights. Now if �-3 .
the Board does go along and permit the building in spite of n
the objections, we .-,would like at least a condition that the x
lights be directed downward. I 've spoken to Mr. Boscola p
about that. He said that ' s no problem. I 'd also like some- d
thing to condition on them. being shielded, because there z
would be quite a bit of glare particularly with the water
there. The other concern is one of noise. Because you're n
going to have boats going in and out. I might be able to 0
take care of that if I could ask a question as to where the
door for the entry way to-"-.thi.s building would be.
ro
1-0
MR. BOSCOLA: It would be on the north end, away from
the Foudy property.
z
MRS. WICKHAM: And there' s going to be no --
MR. BOSCOLA: We 're going to put the passage door on rn
the south door. Ln
MRS . WICKHAM: What do you mean by the passage door?
MR. BOSCOLA: A small door strictly for safety. An
escape door.
MRS. WICKHAM: What about on the east along--
MR. BOSCOLA: There are no doors.
MRS. WICKHAM; No doors. Ok. That at least minimizes
the noise. I just had that question. The other thing he is
really concerned about is . the environmental impact on the
marsh here. They are right in front of this ,proposed build-
ing location, there is unimproved marshland. It ' s just in
its natural state. Apparently it ' s been there for years and
years. Natural tendency when you improve a piece of property
like this is to then go and perhaps bulkhead and dredge it
and what not, and we would like an inquiry. Again I spoke
SOUTHOLD TOWN BOARD OF APPEALS -45- October 11, 1979
to Mr. Boscola ' today' - :and he indicated he had no intentions
of improving or dredging or bulkheading or whatever, but we
would like at least some assurances from him on the record that
this would not be done and perhaps conditions imposed.
MR. TUTHILL: The Trustees would handle that.
MRS. WICKHAM: I think he would have to go through environ-
mental procedures in any event, but
MR. DOUGLASS : He would have to go through that and he
would have to go through the Trustees and everything.
MRS. WICKHAM: - Yeah, I realize that. But still the possibi-
lity would exist that he could be issued the permit.
MR. BOSCOLA: I have the environmental, would you like it?
H
i-3
MR. DOUGLASS : Yes , we should have it for our records. H
y
Mr. Boscola submitted Tidal Wetlands Notification Approval x
letter addressed to Mattituck Holding Co. dated October 9, 1979 x
which reads as follows:- o
r
d
Dear Sir, This is to inform you that we have reviewed H
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the notification letter (or permit application) filed on c�
10/1 , 1979 and have determined that it will not be neces- n
sary, tp file a permit application (or secure a tidal wet- o
lands permit) to construct a 310 ' x 60 ' boat storage
building as per plans submitted to Department of Environ-
mental Conservation.
Assuming you have obtained all other necessary
permits , you may proceed with your project adhering to the ~
special conditions, if any, found on this letter. "Struc- o
ture to be 90± linear feet from landward edge of tidal marsh.
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Signed by Daniel J. Larkin d1
Regional Permit Administrator Ul
Date Issued 10/9/79
Exp. Date 12/31/80
MR. TUTHILL: How far is your client' s property from-
MRS. WICKHAM: His property is shown on that map there,
it is Lot "0.' Well on that map it would be number 25.
MR. DOUGLASS : It ,adjoins it. It abuts it.
MRS . WICKHAM: Now, there is another lot there number 24
which is owned by Mattituck Holding. Now I understand that.' s
residentially owned.
MR. DOUGLASS : It' s outside of the C-1.
MRS. WICKHAM: Has that property been sold or is it being sold?
SOUTHOLD TOWN BOARD OF APPEALS -46- October 11, 1979
MR, BOSCQLA; It" s in the process. We have someone that
wants to buy it.
MRS . WICKHAM: Have you got a contract on it?
MR, BOSCOLA: Not yet.
MRS . WICKHAM: Is it to someone for the purposes of build-
ing a residence? y
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MR. BOSCOLA: He' s going to build a house there, right. n
As; I discussed Vith Mr. Poudy, certainly you know it would .not x
hurt him ,because someone is going to build a house between he x
and us. o
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MRS. WICKHAM: But those are the major concerns that we H
have:
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MR. DOUGLASS : Right. Well thank you, ma 'am. Is there 0
anyone else wishing to make any statement on this? If not,
I ' ll make a motion that it be recessed until it has to be
republished, and Mr. Boscola will bring in the parking arrange- 'b
ments for his establishment, and we will take it up again,
we will set it for November 15th, our next meeting. ~
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On motion made by Mr: Douglass , seconded by Mr. Grigonis,
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it was
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RESOLVED, that the matter of the application of MATTITUCK Ul
HOLDING CO. , Appeal #2615 , be RECESSED till the November 15th,
1979 hearing of this Board due to the reason that there was an
error in the publication of the legal. notice in one of the
local newspapers ,and request for a parking-space plan.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
PUBLIC HEARING: Appeal No. 2613. Upon application of H
KIWANIS CLUB OF SOUTHOLD, Box 150 , Peconic , New York, for a
Special Exception to the Zoning Ordinance, Article III , Sec- z
tion 100-30B4 .a, for permission to place building for charity
use in a residential district. Location of property: Route n
25 and Lower Road, Southold, New York; bounded north by Lower
Road, south by Route 25, west by Route 25 , east by Goldsmith.
The Acting Chairman opened the hearing at 11 : 00 P.M. by
reading the application for a Special Exception, legal notice m
of hearing, affidavit attesting to its publication in the
Suffolk Weekly Times, the official newspaper, Notice of Dis ~
approval from the Building Inspector, and letter from the Town o
Clerk that notification has been given to : Henry A. Goldsmith; '
fee paid $15 . 00. N
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Notice is hereby made that the legal notice as published �^'
SOUTHOLD TOWN BOARD OF APPEALS -47- October 11, 1979
in the Long Island Traveler Watchman was published incorrectly.
However, the Acting Chairman will hear any and all comments
relating to this application.
MR. DOUGLASS : We have a copy of the County Tax Map showing
this and the surrounding properties and a sketch showing the
position that they desire to set the Old Schoolhouse. Is there
anyone wishing to speak for this application? x
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ROBERT. ADIPIETRO: My name is Robert Adipietro for the
Kiwanis Club and I was responsible for drawing up the sketches H
as submitted in the applications. And what we 're basically
trying to do is move the Schoolhouse back to the Park where
it was originally located as a Community Project and restore
it at the site.
MR. DOUGLASS : Right, that ' s the one that ' s up the street
a little way there in back of- P)
MR. ADIPIETRO: Main Road, Peconic . z
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MR. DOUGLASS : Ok, thank -you. Is there anybody else wishing
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to speak for this application? Is there anybody wishing to speak
against it? W
(THERE WAS NO RESPONSE. )
MR. DOUGLASS : This will also have to be recessed until the
November 15 , 1979 meeting because it will have to be republished
again; it was mis-published.
MR. ADIPIETRO: Is that for both of them?
MR. DOUGLASS : Just this one. This is the Special Exception
for moving it back onto the property over there.
On motion made by Mr. Douglass, seconded by Mr. Grigonis,
it was
RESOLVED, that the matter of the application of KIWANIS
CLUB OF SOUTHOLD, Appeal #2613, for a Special Exception for
permission to place building for charity use in a residential
district, be RECESSED until the November 15 , 1979 meeting of
this Board after proper publication in both local newspapers.
Vote of the Board: Ayes : Messrs. Douglass, Tuthill , Grig-
onis and Doyen. x
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PUBLIC HEARING: Appeal No. 2612 . Upon application of H
KIWANIS CLUB OF SOUTHOLD, Box 150, Peconic, New York, for a
Variance to the Zoning Ordinance, Article III ; Section 100-30B2 , n
for permission to place building for charity use with insuffi-
cient frontyard setback. Location of property: Lower Road and z
Route 25 , Southold, New York; bounded north by Lower Road, south 0 >
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SOUTHOLD TOWN BOARD OF APPEALS -48- October 11, 1979
by Route 25 , west by Route 25, east by Goldsmith.
The Acting Chairman opened the hearing at 11 : 09 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 : Henry A. Goldsmith;
fee paid $15 . 00.
MR: DOUGLASS : I have a sketch showing the position that
they wish to place the Old Schoolhouse, and I also have a sec-
tion of the County Tax Map showing our District and the sur-
rounding neighborhood. Is there anybody wishing to speak for
this application?
ROBERT AD'IPIETRO: Well, I don' t have anything to say
other than what I previously said regarding the first variance x
(special exception) . H
MR: DOUGLASS : Thank you. Is there anybody wishing to H
speak against the application?
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(THERE WAS NO RESPONSE. )
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MR. DOUGLASS : Hearing no one, I will ask you a couple 0
of questions-what is the reasoning in the amount of area that
you have there of crowding this to 20 feet from the road, the U'
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street? ❑
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MR. ADIPIETRO: Well, the main reasoning is we're not N
locked into that 20 feet, but the main reasoning is because d
there is a vast hollow in the center of the park and there' s
a problem there as far as drainage when it rains. We 're ho
probably going to have a slight problem at the location we w
are now but we are hoping to minimize it by hugging that
northeast corner of the Park.
0
MR. DOUGLASS : Well , when you say charitable uses of it,
to reconstruct it the way it was for charitable uses, and
you have stated that you will maintain it so that the Park
District does not end up liable for its maintenance. You
are going to hold ownership and maintain it?
MR. ADIPIETRO: Yes.
MR. DOUGLASS : What is your intention of doing in it?
MR. ADIPIETRO: Other than returning if to its condition
as a one-,room schoolhouse exhibited as such probably for the
three summer months out of the year so we get 90% of the use.
As far as the amount of actual days or hours that it would be
open to the public, we still haven't really sat down with the
Park Commission yet and gone over that totally. They have
more or less given us permission to display it as such and
other than special school outings and exhibits of that sort,
SOUTHOLD TOWN BOARD OF APPEALS -49- October 11 , 1979
whether or not it would be Jupt opened up as a public display,
we really have not discussed that with them yet.
MR. DOUGLASS : Well, this is what I was getting at. I,
when this application came in, I have been in contact with some
of the heads of the Park District.
MR. . ADIPIETRO: Bill Albertson-
MR. DOUGLASS : Right, and we had a long talk on it because
at 20 feet- from the road you have no position for off-street
parking. If . you're going to have visitors you have to have
off-street parking for at least three or four cars. I asked
him if you were pinned to this 20 feet, he said no that they
would go along with you on more. He also stated that, without
a doubt, that you would have to do something on that drainage
situation of either putting a. dike system or some such thing--
MR. ADIPIETRO: We were aware of that. We've been down there.
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MR. DOUGLASS : No matter where you go. And after talking to �
him and knowing that we need parking, it would be my opinion z
that you should move back to 35 feet so that you can get at
least three cars across in front of the off-street.
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MR. ADIPIETRO: Ok.
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MR. DOUGLASS: If that' s agreeable with you fellows, I 'm
sure it will be with the Park District, and then you could set
up a little parking area right off of Lower Road, and under 0
those conditions, why I would make a motion that it be granted y
and moved back to 35 feet off of Lower Road. x
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After investigation and inspection, the Board finds that d
the applicant is requesting a variance for a 20-foot frontyard ,b
setback due to the deepness of the land in an area where a
building could be erected without a variance but would be
more practical if the application would place the building with at ~
least a35-foot frontyard setback in order to allow for off-
0
street parking. Therefore, the Board agrees with the reasoning
of the applicant.
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The Board finds that strict application of the'.Ordinance' N
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. Douglass, seconded by Mr. Doyen,
it was
RESOLVED, that KIWANIS CLUB OF SOUTHOLD, P.O. Box 150,
Peconic , New York 11958 , Appeal No. 26121 be GRANTED a variance
SOUTHOLD TOWN BOARD OF APPEALS -50- October 11, 1979 _
to the Zoning Ordinance for permission to place building for
charity use in a residential district with an insufficient
frontyard setback of not less than 35 feet in order to provide
off-street parking, SUBJECT to the following conditions :
(1) That off-street parking facilities be made available,
such as paving, gravel, etc.
(2) Approval of the Suffolk County Planning Commission. M
Vote of the Board: Ayes: Messrs. Douglass, Grigonis,
Tuthill and Doyen.
PUBLIC HEARING: Appeal No. 2629. Upon application of N
RALPH H. DICKINSON, by Abigail A. Wickham, Esq. , Main Road,
Mattituck, New York 11952 , for a Variance to the Zoning Ordi-
nance, Article III , Section 100-30 , and Bulk & Park Schedule,
for permission to construct a dwelling with insufficient
frontyard and sideyard 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 opened the hearing at 11 : 20 P.M. by
reading the application for a variance, legal notice of hear--
ing and affidavits attesting to its publication in the local r
and official newspapers, Notice of Disapproval from the Building
Inspector, and letter from the Town Clerk that notification to x
adjoining property owners was made to : Rosemary A. Graham,
Clifford Arthur, George and M. Victoria McDowell; fee paid $15. 00. d
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MR. DOUGLASS : I have a map of the property showing the x
proposed location of the house and a copy of the County Tax. z
Map showing this and the surrounding properties. Is there W
anyone wishing to speak for this application? . We 'have° a Z
letter from Mrs. Elizabeth Arthur about the cesspools.
MRS . WICKHAM: I would like to say that Mr. Reilly, the
Pi
builder, spoke to Mrs. Arthur about the well location, that
he is aware of it and that is being taken care of in terms of z
the approvals)'-from the Board of Health. So that should not ,be o
a problem. I 'd like to first address one, the question of
which yards are which here. It is a peculiar situation because N
the driveway was coming in from the west side of the property. N
We have technically a frontyard and a backyard. I 'd like to 1°
ask that you consider this as a practical matter for being a
sideyard rather than the frontyard. Since this application was
made, we have received approval from .the Planning Board. Rather
than using this, this is a survey, as to the neighboring prop-
erty and this is our property here. Rather than using this
right-of-way as the Planning Board originally set up the sub-
division, we, obtained approval of coming here and in fact we' ll
bring the driveway right in here rather than run' it all the way
up along the line. The result of that, if you waht to look at it--
SOUTHOLD TOWN BOARD OF APPEALS -51- October 11, 1979
MR. DOUGLASS : In fact that ' s what I suggested and Mr. TaSker
said it couldn' t be done.
MRS. WICKHAM: Well it couldn't be done unless we got Planning
Board approval , which we did.
MR. DOUGLASS : This belongs to McDowell, this piece here.
MRS. WICKHAM: He has consented to that.
MR. DOUGLAS$ : He , has?
MRS. WICKHAM: Oh, yes. We discussed that we him.
MR, McDOWELL: Z haven't consented to anything. I had dis-
cussed it and brought it up to Dr., Dickinson and when I did he
did not want to discuss it, two weekends, two weeks ago when he
was out; And his answer to me was that he didn 't know, that he
was going to discuss this with his wife.
MRS. WTCKHAM: Well , wouldn't you rather have him coming in
here rather than going all the way around? t7
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MR, McDOWELL: I believe this is what Mr. Dickinson does. x
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MRS, WICRHAM; Right, but even rather than even going this o
for z
'MR, McDOWELL: Well, I don't know. I asked. him two weeks ago.
We were supposed to discuss this and he just didn't want to discuss o
it. And the other thing is the actual layout of his house with H
these dimensions , with this area, winds up with approximately z
eight foot. o
MRS . WICKHAM: Well you're on this side, right? rn
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MR. McDOWELL: I am on this side. I was never notified .of
any of this.
MRS . WICKHAM: Well we sent you a notice by certified mail.
MR. McDOWELL: I never received it.
MRS. WICKHAM: I think -we sent it originally to Brooklyn,
or wherever your previous address was, it was returned, and we
returned it Peconic--
MR. McDOWELL: Well I live right next door to Dr. -
MR. DOUGLASS : And what is your name,Sir?
MR. McDOWELL: McDOWELL.
MRS, WICKHAM: We took the address from the tax map which was-
MR. McDOWELL; And I never received notice. The only way I
SOUTHOLD TOWN' BOARD OF APPEALS -52- October ll, -1979
know that I did receive notice was Mrs. Arthur.
MR. DOUGLASS: Eleven Glenrich Path, Stony Brook?
MR. McDOWELL: Well, I haven't lived there in a year.
MRS. WICKHAM: Well, we then sent it to Great Peconic Bay
Boulevard, Laurel. That was sent several days ago. And I have
the receipt.
MR. McDOWELL: Well, I haven't been home today yet, but I
haven' t received A t.
MRS. WICKHAM: Well in any event you know about the hearings.
MR. TUTHILL: Where is the Arthur property?
MRS. WICKHAM: She is over here.
MR: McDOWELL: She is on the east side of the property.
;MR, DOUGLASS : Now, I have a question for you. We cannot d
find anywhere, we have not been able to find to the present time,
where this was made a legal Minor Subdivision. H
MRS. WICKHAM: This was approved by the Planning Board, it o
was, I think, Peter Warren. z
MR. DOUGLASS: Yes, and we cannot find where it was everho
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approved. P)
MRS. WICKHA;M; No, .this Would have been handled some time ago. o
MR. TUTHILL: About ten years.
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MR. DOUGLASS : It was brought up but then never finalized as
far as we could--
MRS . WICKHAM: The Planning Board just gave us approval on
this. h don't imagine that they would have done that if it hadn't
been approved originally.
MR. DOUGLASS : They gave you that according to what we have
on your letter.
MRS . WICKHAM: I don' t know who handled that, or whether we-
MR. DOUGLASS : They did it on approved revision of the
right7ofnway, the revision of the right-of-way of Peter J. Warren
No.-3 as indicated on a map. Map received September 13 , 1979 and
outlined in letter from Wickham, Wickham & Bressler of the same
date, and it ' s not even signed.
MRS. WICKHAM: I 'm sure there is a final map. I don't have
it. That was done a number of years ago. This one that I have
here is just a proposal, but-
SOUTHOLD TOWN BOARD OF APPEALS -53, October 11, , 1979
MR. DOUGLASS: You see, what they did, is the -only thing that
they approved was a sketch map of. the thing, and they never
finished getting their final approvals as far as we can find.
MRS'. WICX AM: Well, then how- did these people get building
permits? On this development?
MR. DOUGLASS : Well they were built there before it probably.
MRS. WICKHAM: Yes, but these
MR. McDOWELL: This one doesn't have a, house. on it.
MRS. WICKHAM: These two do.
MR. DOUGLASS : Well they are probably before the Zoning.
MRS. WICKHAM: No. When were these ,
MR. REILLY: Both houses were built approximately, let' s see,
one house is two years ago, and the other is three. Now, this
wasn't filed as a subdivision. Peter Warren had this filed as e
separate lots because the Board of Health as no record of a sub-, n
division ,either. But they approved construction of cesspools and. H
wells because they are private individual lots. This was. how z
Peter Warren had this set up many years ago. This .is a fact. o
MR. DOUGLASS : Yeah, that may have been. But it should have
been proved as a minor subdivision.
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MR. REILLY: It never was.
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MR. DOUGLASS : But it should be. And it has to go back to be. o
MR. REILLY: The question never came up with the other two M
houses, for Goodwin or Rale, you know, it never did. �
MR. , DOUGLASS : They didn't need any variances, I guess.
MR. REILLY: The 10 feet off the line on this house.
MR. McDOWELL: Actually-, he doesn't need the variance if he
moves his house back a little bit further and he did move his
driveway here, you. could,�,still have the driveway in the frontyard
and the property widens up up here.
MR. DOUGLASS: If you agree with him and let - him come in here.
MR. McDOWELL: Well I haven't been able to talk to him, Sir.
MR. DOUGLASS: If you can work together with him and let- him
come in here, and you take back this, this-
MR. McDOWELL: Well that was my original,,-proposal to him,
that this,-
SOUTHOLD TOWN BOARD OF APPEALS -54- October 11, 1979
MR. DOUGLASS : Then this would be his front. yard.
MRS. WICKHAM: The problem with putting the house back here,
if I may finish, the problem with putting the house back here is
Mr. McDowell suggests, is that his house is quite large and it
would completely block from this view, this direction the view of
the Bay. You know, this is the value of the lot is having the
house closer to the--
MR. DOUGLASS: . Well this, once again, becomes a piece of
property that the house has not got to conform to the-- the
house has got to conform to the property, not the property to the
house.
MR. McDOWELL: Actually, this house would interfere with the
house next door then.
MRS . WICKHAM: I don't see that. This house is very close.
MR: McDOWELL: Well this house is going to be in forward of
the neighboring houses.
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MRS. WICKHAM: She hasn't objected.
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MR. McDOWELL:, I didn' t say she objected, but if that ' s his
objection to moving it back to where it 'belongs, then I 'm objecting. z
MR— TUTHILL: What about this here.
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MR. McDOWELL: Oh, that ' s my original, I have six children, P)
and my original intention was to do that. This is what he ~'
proposed and' this does not make any sense to me at all because o
then he' s just coming -down the side of my property into the .
same point. �,
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MRS . WICKHAM: Well, I don' t think we have a problem there. Eli
MR. McDOWELL: He didn't want to discuss this. His attorney
asked me what I was going to give him today, and there was nothing
I could give him other than, you know-
MRS. WICKHAM: According to Mr. Reilly, the builder, he would
come in here--
MR. DOUGLASS: Right, and that. would make, this your frontyard.
Then you only have to come. back just a little bit to get a few feet
over here.
MR. McDOWELL:. There is only actually 8 feet with the actual
layout done by the surveyor.
MRS. WICKHAM: Well the survey . shows 10 feet.
MR. McDOWELL: The survey that was just done shows eight feet.
If you go and measure the sticks that they put in the other day.
SOUTHOLD TOWN .BOARD OF APPEALS -55- October 11, 1979
MR. DOUGLASS : Well, we won' t argue that. Ten feet or eight.
, feet, it has to meet certain standards, so if this comes back this
becomes front yard.
MRS . WICKHAM: Well, you see, Mr. Chairman, we 're ten feet
short of the requirement. We have ten and 15, 25, we need 35 total.
We're ten feet short, that' s why I 'm asking, you're function is to
grant variances in cases of hardship and that' s what I 'm asking for.
We haven't more side yard area than the previous application
tonight. The other housesand the neighbor are similar in that they
are close to the line. We -have ten-foot setback on this property
and on this property, and I believe on Mrs. Arthur ' s property. And
also the houses in this area are developed, so you're not talking
about--
MR. DOUGLASS : This is using it as a side yard, but the, way
you're asking for it here is the front and rear yard.
MRS. WICKHAM: No, Mr. Fisher said that because we were having
the right-of-way come in here you have to consider this a front yard,
but T'm saying, since we 're having it come in here and you just men-
tioned-- d
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MR. DOUGLASS : Well, we 've had no proof of that. x
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MRS. WICKHAM: Well, I 'm stating it for the record tonight. p
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MR. DOUGLASS ; This we've got to have and I think you' ll find >
that you, as our Town Attorney felt, this is going to have to go ro
back to the Planning Board and get final approval. o
MRS . WICKHAM: Well that' s another problem that I wasn't z
aware of , and if that' s the case then there ' s nothing you can do 0
tonight, but of course to do that I 'd like some indication as to
your opinion of this proposal. We are fairly close here.
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MR. DOUGLASS : If you'll come in here, you've got 15 here,
you haven! t got to pull but just a, two feet here, to get; if you
can come down to within the-- Let' s' see, what is the area in this,
do . you know what the area is?
MRS. WICKHAM: The area" is 39, 500 square feet.
MR. DOUGLASS: It ' s just under. All right, you're in a
nonconforming lot.
MRS. WICKHAM: Yes.
MR. DOUGLASS : So the Building Inspector can bring you down
to 26 . 3 feet automatically.
MRS. WICKHAM: And we have 25 and that' s why I 'm coming to
you for a variance in a case of hardship where the other proper-
ties have 10 feet in the area.
MR. DOUGLASS : You're asking for a variance in front yard
SOUTHOLD TOWN BOARD OF APPEALS -56- October 11, 1979
right now because we have no front yard established out here yet.
MRS. WICKHAM: Assuming T` can establish that, which I can, I
would be glad to submit to you, too, once we get an agreement.
MR. DOUGLASS : Push it back three or four.'feet, whatever you
have to, to get to the 26 foot.
MR. McDOWELL: I 'll do anything, you know, I ',m agreeable.
MRS . WICKHAM: Less than this. They involve more of a vari-
ance than this though. I think you're talking about two or
three feet there, and here we have just one foot.
MR. McDOWELL: What' s wrong, if you take this actual layout
on the survey that ' s marked, .and you measured from here to the
property line, it' s eight feet.
MRS. WICKHAM: I don't think Mr. Van Tuyl would put 10 feet
on a survey--
MR. McDOWELL: But he only did the survey the other day to d
find the actual location. n
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MR. DOUGLASS : I know, I was up there. I walked the stakes z
and measured the stakes, and I 've got pictures of them. So ,I z
know exactly where they are, but--,
MRS . WICKHAM: Ok, I'll submit something. "a
0
MR. DOUGLASS : The other thing that you've got to bring in
is showing that this property has a right-of-way over here to be o
granted that access. We can grant the access without it by say-
ing that you have access provided you have legal right to use it. N
But if you bring, if you can look up in this man' s deed and find a,
out-
MRS . WICKHAM: Oh I can establish that. That' s no problem.
MR. DOUGLASS : So you have that and check with the Planning
Board-
MRS. WICKHAM: Yeah, I' ll do that because I don't believe
that was the problem.
MR. DOUGLASS : On this Minor Subdivision, and then get an
agreement with him and your man and come in here and make this
your front yard and this your rear yard and then pull back two
or three feet and;-,".,you're g.o.ing. .to. have your 26 foot which George
(Fisher) can grant.
MRS. WICKHAM: Ok. Then we won 't have to come back here.
MR. McDOWELL: The covenants on a pieeeof property, the
covenants that are drawn up with the division of this property,
would they have any?
SOUTHOLD TOWN BOARD OF APPEALS -57- October 11, 1979
MR. DOUGLASS: if there are covenants on there,you must
operate within the covenants unless you have permission from
the whole group to change them.
MR. McDOWELL: The other thing is, this beach tree, which
is protected by the covenants. That there would be no destruc-.
tion of it. And .that' s why the house,,,,;it was made up, . so that .
the house could be built back far enough to protect that tree.
MR. DOUGLASS: Well, we can grant the positioning and the
access and so on stating that this is granted provided there
is no development covenant that specifies else why, and then
it' s up to you to get permission through, maybe the covenants
have been violated so many times that they are no good any more.
MR. McDOWELL: Well originally- a year ago. I ,talked to
Dr. Dickinson about changing the driveway. He . just doesn't
seem to want to talk about it.
MR. DOUGLASS : I think he was, it'll be far much to his-
MRS. WICKHAM:. Yeah, .I:.. think he-,—J. d
H
C]
MR, Mc] OWELL: Two weeks ago he' asked me, well you see H
Where this driveway comes in, his ,comes in here down by my
house, I own that, he asked me if I could put my car in the 0
garage. I said. no, I don't know. He said well I don't z
want it looking . like a used-car lot. He said what are you
going to give me to--
w
MRS. WICKHAM: Is that your boat on his property?
z
MR. McDOWELL: No. 0
MRS . WICKHAM: Who_ se: is- it? rn
N
MR. - McDOWELL: I don't know. I don't know whose boat it is.
MR. DOUGLASS: Backed up in the turnaround . there' s a
trailer up in there.
MR. McDOWELL: He seemed to -object to my car too, which he
said is a used-car lot and in fact it ' s ,a brand new car.
MRS.. WICKHAM: I 'm sorry. I didn't know.
MR. DOUGLASS : Well that happens to be none of our business.
That' s neither._:here nor there.
MRS. WICKHAM: I didn't realize that.
MR. DOUGLASS : You'll get -a hold of him and get this?
MRS ., WICKHAM: Ok, . I 'll get this.
MR: DOUGLASS : . And then you' ll come in there and you' ll have
SOUTHOLD.. TOWN BOARD OF ,APPEALS -58- October 11, 1979
a front .ya�;d, and you'll have a rear yard and if you pull just a
hair and George (Fisher) can issue you the 26 foot. .
MR. REILLY:. The measurements will. be probably, you know,
until we get organized.
MR. DOUGLASS : Yes.
MR. McDOWELL: . I had originally asked him to move that
driveway because I have six children and didn't want him coming
into my driveway. So 1 don't know why he didn't want to discuss
it ,last week.
MR. DOUGLASS : And check the stakes and all. There' s
another one back over there.
MR. REILLY; Yes.
M,R, DOUGLASS: All right'. Thank you. You shouldn't have
any problem there. But I ' ll, what I will do is to recess this
till November 15th, but then if you find that you can resolve
it without needing this, let us know and we will dissolve it d
without
x
H
MR$. WICKHAM: , We'll withdraw the application. Z
0
DQUGLASS: Tf you have to come back, .make .a change in
z
here and ask for approval of access. �
ro
MR$, WICKHAM: Ok, I didn' t think we needed it .because of w
the subdivision, it' s usually taken care of. But if that' s not ~'
the case, wee:==will. o
MR. McDOWELL: The subdivision has to be taken care of?
Will you notify me the next time? N
MR. DOUGLASS : You're notified right now that the next
hearing will be on November 15th. You can come back on- Novem-
ber 15th .to find out what happens..
On motion made by Mr. Douglass, seconded by Mr. Grigonis,
it was
RESOLVED, that the matter of the application of RALPH H.
DICKINSON, Appeal #2629, be RECESSED until the November 15 ,
1979 meeting of' this Board until it,`-,s resolved with the owners
and the Planning Board.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen..
Mr. Doyen, Appeals Board member, left the room at 11 :42 P.M.
and returned at 11 : 47 .,P.M.
SOUTHOLD TOWN BOARD OF APPEALS -59= October 11, 1979
PUBLIC HEARING: Appeal No. 2619. Upon application of the
• SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for a
Special . Exception to the Zoning Ordinance, for permission to
erect an off-premises directional sign. Location of property:
Main Road, Southold, New York; bounded north by DeFriest, south
by Radich, west by Main Road, east by Southold School District
No. 5.
The Acting Chairman opened the hearing at 11: 47 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, letter from the Town Clerk that notification
had been made to the following adjoining property owners: Rodden,
Murphy, Gralton, Suffolk County Department of Public Works, Albin
Pietrewicz, Wells, Aha, Southold Public Library, Pudge Corp. ,
Dougherty, Willow Hill Cemetery Association, Bogovic , Goldsmith,
Ferrerra, Gloria, Wernikowski, Terry, Orient Central Cemetery
Association, DeFriest, Radich, and Southold High School; fee o
paid $15. 00. y
x
MR. DOUGLASS : I have a copy of the County Tax Map showing O
this and the surrounding properties , Is there anybody wishing d
to speak for this application? Is there anybody here in authority y
representing this application? o
MR. HOGAN: (Nodded yes. )
MR. DOUGLASS : May ' I ask you� a question? o
MR. HOGAN: Surely, Sir. y
H
MR. DOUGLASS : On this, which I will read. It' s a little n
thing here. " . . .To whom it may concern. I hereby authorize , o
the Southold Town Democratic Committee," this is a letter from
the property owner, " . . .hereby authorize Southold Town Democratic
Committee and its Sign Chairman, Mr. John Cornell, to erect a '3
political sign on my property at the following location, Main
Road, Southold. I give such permission from today through
Election Day to be used at the Committee' s and Mr. Cornell ' s
discretion. " Signed by John T. Cornell, 935 Waterview Drive,
Southold. On this piece of property. But when it was looked Pi
up, we just have a question whether it ' s the piece of property,
the Terp property. z
0
MRS. HOGAN: Yes. N
rn
MR. DOUGLASS : And according to what we can find, John has
signed it as the owner but the -only thing .we can find is that the
owners are Mary Jankowski and Josephine Planz. Does anybody know
anything about that, or how John is tied in to it?
MRS . HOGAN: Grandmother.
MR. DOUGLASS: Mrs. Terp is his grandmother and then in other
words-
SOUTHOLD TOWN BOARD OF APPEALS -60- October 11, 1979
MRS . HOGAN: Grandmother-in-law.
MR. DOUGLASS : Well, I 'm sure she would ok it, but when some-
thing like that comes up in the future you should have a letter
from her giving him authority to sign for the use of the property.
Being a relative there is no question that she would approve it,
but you should have the letter from her stating that she has
given authority to Mr. Cornell to use it, because he' s not a
direct owner. He' s signing as an owner and yet he' s not a direct
owner. It ' s supposed to be signed by the direct-.owner. Ok, thank
you. Is there anybody else wishing to speak for this application?
Is there anybody wishing to speak against the application? Cy?
CYRIL LUKEMAN: Mr. Chairman, today I had the occasion to drive
from Orient to Montauk without the benefit of the Shelter island o
Ferry, and in not one of our four Eastern Towns did I see a poli- y
tical sign. If I further discuss the signs supporting political xo
parties , this here may turn into another obnoxious episode, like
the last one. I oppose of the spoiling of this Town' s landscape
1-3
by political signs or otherwise. This Board, the reason this 0
Board is in existence is to protect the aesthetic beauty and the
uniqueness of Southold. Political parties or candidates are not
above the law. I suggest that you have no alternative but to I
deny all applications for variances for political signs, especi o
ally since this Ordinance has already been abused since your n
decision of September the 25th. Thank you.
H
MR. DOUGLASS: Thank ,you. Is there anybody else? William? n
C�
WILLIAM SCHRIE'VER: Yeah, I got up and I objected to the 0
Southold Town Republican Committeeapplications, not because I
object to the placement of the signs but because I object to the y
applications. And I have the same objections to this application �
as I had to the Republican applications. I just don' t feel that trJ
this Government has any right to restrict freedom of expression,
and if you have the right to deny this application then you have
the right to suppress somebody' s right to free speech. I just m
don' t believe you have that right. P,
MR. DOUGLASS : Thank you. We -have a sign ordinance control-. o
ing all this stuff in Southold Town and cases that had been up
higher than .us ..have ..pro.tected it. I intend at this point, first, N
is there anybody else that wishes to testify?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS : If not, I intend to put this one aside and
reserve decision on it until after we 've gone through all the others.
And then We will render a decision on it. Tonight. Yes, sir?
MR.. HOGAN: You've answered my question.
MR. DOUGLASS : After we finish all of them.
On motion made by Mr. Douglass, seconded by Mr. Tuthill, it was
SOUTHOLD TOWN BOARD OF APPEALS -61- October 11, 1979
Eli
RESOLVED, that the matter of the application of the SOUTHOLD
TOWN DEMOCRATIC COMMITTEE, Appeal #2619, BE RESERVED ITS DECISION
until after the Board has gone through all the others, tonight. 110
Vote of the Board; Ayes: Messrs. Douglass, Tuthill, Grigonis
and Doyen.
PUBLIC HEARING.: Appeal No. 2620. Upon application of the
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for a
Special Exception to the Zoning Ordinance, for permission to
erect an , off-premises directional sign. Location of property:
Tabor and Main Roads, Orient, New York; bounded north by Main Road,
Ferreira, Gloria, Werinkowski, south -by Orient Central Cemetery, O
west by Tabor Road, east by Terry. x
O
The Acting Chairman opened the hearing at 1.200 Midnight by
reading the application for a- Special Exception, legal notice of
hearing, affidavits attesting to .its publication in the local and yo
official newspapers, Notice of Disapproval from the Building In-- �
spector, and letter from the Town Clerk that the adjoining
property owners were notified; fee paid $15. 00.
MR. DOUGLASS : I have a map showing this and the surrounding
properties. Is there anybody wishing to speak for this applica-
tion? '-3
H
n
(THERE WAS NO RESPONSE. ) n
O
MR. DOUGLASS : Is there anybody wishing to speak against this
application? This one is on your property. y
H
Lt
MR. SCHRIEVER: This one I 'm objecting to is on my property?
MR. DOUGLASS : Yes. 'b
ro
MR. SCHRIEVER: I still object. (Objects to applications, not signs. )
MR. DOUGLASS : I ' ll make a motion for a postponement of o
decision until we finish the rest of these tonight.
N
On motion Made by Mr. Douglass, seconded by Mr. Tuthill, , it N
0
was
RESOLVED, that the matter of 'the application of the SOUTHOLD
TOWN DEMOCRATIC COMMITTEE, Appeal, #2620, BE RESERVED ITS DECISION
until after the Board has gone through all the other Special
Exception applications tonight.
Vote of the Board: Ayes: Messrs., Douglass, Grigonis,
Tuthill and Doyen.
SOUTHOLD TOWN BOARD OF APPEALS -62- October ll -& 12 , -1979
� 4
PUBLIC HEARING: Appeal No. 2621. Upon application of the -
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for a
Special Exception to the Zoning Ordinance, for permission to
erect an off-premises directional sign. Location of property:
Main Road, Southold, New York; bounded north. by Willow Hill
Cemetery, south by Bogovic, Goldsmith, west by Lover Road,
east by Main Road.
The Acting Chairman opened the hearing at 12 : 02 A.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 notifi-
cation had been made to adjoining property owners; fee paid o
$15. 00. y
x
MR. DOUGLASS : I doubt if all the neighbors were notified. oo ._
t
MRS. HOGAN: Why? o
MR. DOUGLASS : Willow Hill Cemetery: Is there anybody z
wishing to speak for this application?
MR. HOGAN: David J. Hogan, Jr. , 1410 .Leslie Road, Cut- n
chogue, Vice-Chairman, Democratic Committee. . I would like ' to
ask the Chair a question. Is this the Johnson Laboratory y
Property or the Chinam- Property? H
MR. DOUGLASS:, Johnson Laboratory. �o
MR. HOGAN:; Is this one of the two properties the Chairman,
was quoted in today' s Suffolk Times saying that there was an ' y
illegal sign posted on? I- will read from today's Suffolk Times-,
"That' s where things stood until Zoning Board Chairman Robert
Douglass disclosed .this week the Democrats have already put up
two of the signs they petitioned the Board to erect. .. In In other 'b
words, they jumped the gun. " In speaking to the editor of this
newspaper today, he indicated to me that the Chairman said -that ~'
particular sign was one of the two. Was the editor°, correct z
in telling me that?
MR. DOUGLASS : And we have pictures of it: Yes., (rn
�N
N
MR. HOGAN: Fine. Thank you, sir. Now I would like to make
a statement. With regard to the signs" that exist on the Johnson
Laboratory and the signsthat exist at Chinam' s also, I believe,
that was the second sign., you ,-,indicated to the editor of the
newspaper. I spoke to Mr. John Cornell, who is- the applicant-
on all those, and his capacity is a member of the Democratic
Committee. Mr. Cornell informed me today that in a conversation
with Mr. George Fisher that any signs that were to be overlayed
or imprinted upon a previously existing sign on a commercial
property were permissible in accordance with Section 100-18
subsection D of the Code as .long as the business .had not been
vacant for two years. Mr. Cornell and Mr. Fisher confirmed to
SOUTHOLD TOWN BOARD OF APPEALS -63- October 11 .& 12 , 1979
me ,that you, Who,' were processing the Republican applications for
, signs at the same time, were present for those conversations.
MR. DOUGLASS ; I was not processing any applications.
MR. HOGAN: Sir, I 'm reporting to you. I 'm making this
statement. In addition, I spoke to Mr. Fisher today at 2 : 20 P.M.
this afternoon. Mr. Fisher informed me that the Building Depart-
ment is the enforcing agency for any violations of signs that
were out of regulation with the Code. And not the Zoning Board
of Appeals. And it was purely the Building Department' s res-
ponsibility. I inquired of Mr. Fisher, what was the normal
procedure if somebody were to put up a sign that was in viola-
tion or was possibly in violation. Mr. Fisher indicated to me
that the procedure was either by mail or by phone. To get in 0
cl
touch with the violating party and indicate that they had ten x
days to remove . such a sign. I ask Mr. Fisher whether this 0
Board has consulted him as the enforcing agency to whether or d
not those two signs were a violation. Mr. Fisher indicated
the Board was never consulted, the Building Department was never 0
consulted by this Board. Gentlemen, if any one of those Demo-
cratic signs,, ,the two that are quoted in the newspaper today,
were in violation, I want to state that myself as the Vice
Chairman of the Democratic Party, Mr. William Grigonis as o
Chairman of the Democratic Party, Mr. Cornell as the Sign n
Chairman,, were never given the courtesy of a phone call to
indicate that there was a possible violation, because if there H
had been the possibility of a violation, those signs would.-' n
have been removed the same day. We never received that courtesy. n
Instead on the Thursday morning we read in the newspaper what 0
the Chairman of this Board had to say about it. And finally I
would like to reiterate something I said last week. That y
some of the members of this Board do not understand and cannot y
make the distinction between their governmental function as mem-
bers of this Zoning Board and their political function as Repub
lican Committeemen -as certified by the Suffolk County Board of
Elections and the New-York State Secretary of State. And I do
not think it' s proper that the Chairman of this Board decided N
to go down for pictures, with pictures, two newspapers, indicate z
he made a decision without consulting the Board; without con- o
sulting the business, the Building Department, and say"Fine,
you're in violation, sir. " I'm saying to you, sir, , Mr. Douglass,
you are confusing your role as a governmental official and as
Chairman of .this Board with your function as a political offi-
cial, and would urge you to draw that line very carefully in
your mind again. Thank you.
MR. DOUGLASS : Thank you for your report, Mr. Hogan. Is
there anyone wishing to .speak against this sign, do you want
to speak against this one?
MR. SCHRIEVER: Is it one of the Democrat ones?
MR. DOUGLASS : Yes.
SOUTHOLD TOWN BOARD OF APPEALS -64- October 11 & 12 , 1979
MR. SCHRIEVER: Yes, same thing. I have no objection to any
political signs being put up on private property. I just .object
to the , fact that they can be controlled by this Government.
MR. DOUGLASS : Well, you certainly have the right to your
opinion.
MRS. HOGAN: I 've been raising my hand. There' s a question
in my mind. Oh, Christina J. Hogan, I 'm sorry. There' s a ques-
tion in my mind. On the signs, Willow Hill and Chinam, are they
in violation? Why?
MR. DOUGLASS : They are off-premises signs.
Ca
MRS . HOGAN: Do they have presently, today, a permit? �
y
MR. DOUGLASS : What? 0
t-�
t7
MRS . HOGAN: Presently. Today, is there a sign permit on
those premises? 0
MR. DOUGLASS : For what business operations there is inside tZI
of the building, right.
0
MRS. HOGAN: So there is presently for signs. Mr. Fisher n
is not wrong when he gave us that permission.
H
H
MR: DOUGLASS : Yes. He is wrong in quoting you that you,..can n
cover up that sign that is , there. o
MRS . HOGAN: Under what article? What section? H
H
MR. DOUGLASS: Well, do you want to get out of here tonight? �
t�
MR. HOGAN: Excuse me, sir. I think this is important
because unfortunately Mr. Fisher isn' t here. But I took the
time out of my work day to speak to him today, and he told me o
under this Section 100-18 subsection D, that it was permissible. N
So I think you and Mr. Fisher ought to have a confrontation so z
that both agencies in the Town give the people the same informa- 0
tion.
N
G�
MR. DOUGLASS : Well we have our consultations with our N
Town Attorney. ~
MRS . HOGAN: Did you do that under consultation with your
Town Attorney?
MR. DOUGLASS : We ' ll leave that out in the open.
MRS. HOGAN: Did you?
MR. HOGAN: Did Mr. Tasker go to the newspaper with you, sir?
MR. DOUGLASS : I 'm not going ,to answer.
SOUTHOLD TOWN BOARD OF APPEALS -65- October ll& 12 , :-1979
` MRS . HOGAN:. Did .you go as an official of this Committee or
, did you go--
MR. HOGAN: I mean you were quoted as a Town Official in
that paper, sir.
MRS. HOGAN: Under what capacity did you go to this newspaper?
MR. DOUGLASS : Do you enjoy aggravation?
MRS. HOGAN: Do I enjoy it? No: Thank you. Then. why give it.
BILL GRIGONIS : Mr. Douglass, you just stated to us that the
George Fisher has his job to tell us whether these signs are in U,
violation or not. This is the Appeals Board that we come to for 0
an exception. I would like to know what right you have going to
the newspaper and saying we have a violation when this is not O
the Department that does this? Were you not the gentlemen that d
gave this quote to the newspaper?
H
O
MR. DOUGLASS : I did not make any charges.
BILL GRIGONIS : You did not, why is this printed, then you are ZZ)
saying the newspaper is wrong. o
n
MR. HOGAN: The newspaper is in error. Are you misquoted?
F-3
H
MR. DOUGLASS : I pointed out to the paper that we had been n
out and that there were signs up that are applied for. n
O
MRS . HOGAN: Did the newspaper contact you or did you contact 9
H
the newspaper? y
�-3
td
MR. DOUGLASS : Well--
MR. HOGAN: Did you call fir. Grigonis, myself, Mr. Cornell,
or any of the candidates whose names appear on our sign? w
MR. DOUGLASS': No, I did not. z
0
MR. HOGAN: You looked it upon yourself to go to a newspaper
rather than calling the people responsible and if you found that IQ
rn
to be a violation, even in your opinion, even though it' s not
your Department, you chose to go to a newspaper to get political
footage rather than come to the people who could have removed
the violation in a matter of hours.
BILL GRIGONIS : Are you speaking for the Board?. Did you
consult with the other members of the Board before you went to
the newspaper, or is this a personal statement you made?
MR. DOUGLASS : I 'm not going to answer it because it has
no bearing on any of what ' s going on.
BILL GRIGONIS : It has no bearing as to what' s going on?
SOUTHOLD TOWN BOARD OF APPEALS -66- October 11 & .12 , 1979
MRS . HOGAN: It has no bearing!
BILL GRIGONIS : You say, the newspaper printed it, sir, and
that it' s all over Southold Town, this has no bearing on what is
happening?
MRS . HOGAN: That holds us in violation, when Mr. Fisher
of the Building Department -says we are not in violation?
MR. HOGAN: And if we were we would have ten days to
correct the violation, and now we were not even notified. We
didn' t get that courtesy. All we got was some political footage
from you, sir?
MRS . HOGAN: And as of October 10th there was no written
notice, or oral notice given by the Building Department, and y
you have the audacity to go to a newspaper with a violation o
that no one else charges except you? 1-3
d
MR. DOUGLASS : I haven't charged anything. o
MR. HOGAN: Then the paper is in error. t7
t�
MR. DOUGLASS : The paper, I- 0
n
MR. HOGAN: You will correct it next week with a letter,
I assume, if the paper is in error. H
n
MR: DOUGLASS : I think we 've had about enough of this. n
MRS . HOGAN: I think we have certainly-
1-3
MR. DOUGLASS : Now, do you want to get on with your sign
applications?
MRS . HOGAN: I really don't care at this point because b
you' ll go next week and say whatever the heck you please.
Whatever Town Board. It doesn' t matter to you. You will become H
the entire Town by saying whatever you want to say. No matter z
how true it .is, or isn't.
MR. HOGAN: I said two weeks ago you abused that Chairman-
ship, and I repeat that charge.
MR. DOUGLASS : And I hereby close any more discussion on
it, and I propose that we postpone decision on this until we
finish the rest of these readings.
On motion made by Mr. Douglass, seconded by Mr. Tuthill,
it was
RESOLVED, that the matter of the application of the
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Appeal #2621, BE RESERVED
ITS DECISION until after the Board has gone through all the
other Special Exception applications tonight.
Vote. of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
SOUTHOLD TOWN BOARD OF APPEALS -67- October 11, 1979
October 12 , 1979
PUBLIC HEARING: Appeal No. 2622. Upon application of M
the. SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York 11971, o
for a Special Exception to the Zoning Ordinance, for permission x
to erect an off-premises directional sign. ' Location of property: 0
Main Road, Southold, New York; bounded north by Traveler Street, d
south by Main Road, west by Pudge Corp. and Dougherty, east by y
Southold -Free Library, 0
The Acting -Chairman opened the hearing at 12.:15 A,M. by . d
reading the application for a Special Exception, legal notice
of hearing, affidavits attesting -to its publication in the , 0
local and official newspapers, Notice of Disapproval from the
Building Inspectp-r, letter from the Town Clerk that notification y
to adjoining property 'owners was made; fee paid .,$15. 00.
MR. DOUGLASS : We have a copy of the County Tax Map showing n
0
this and the• surrounding properties. There is a letter consent-
ing to the sign .erection from the property owner, James L. Gray.
Is there anybody wishing to, speak for this application?. Is
there anybody wishing. to speak against this application?
0
M:R .SCHR2-EVER: I object to the application. Not to the signs.
On motion made by Mr. Douglass, seconded by Mr. Tuthill, - it.. p
was
rn
RESOLVED, that the matter of the application of the SOUTHOLD N
TOWN•,DEMOCRATIC COMMITTEE, Appeal #k2622 , BE RESERVED, ITS DECISION
until later tonight after the Board has gone through all the
other applications.
Vote of the Board: AYes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
M
PUBLIC HEARING: Appeal No. 2623 . ' Upon application of the ;3
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for a
Special Exception to the Zoning Ordinance for permission to
erect an off-premises directional - sign. Location of property: -
0
Main Road, Orient, New York; -bounded north by Main Road, south - n
by Orient Harbor, west by Aha, east by Welles.
H
H
Mr: Serge Doyen, Appeals Board member, left the room to n
return- 'shortly. n
0
The Acting Chairman opened . the hearing at 12 :18 A.M. by
reading the application. for a Special Exception, legal notice
of hearing, 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 notifi- w
cation had been made to adjoining property owners; fee paid
$15 . 00.
N
N
W
SOUTHOLD TOWN BOARD OF APPEALS -68- October 11, 1979
October 12 , 1979
MR. DOUGLASS : There is a copy of the County Map showing
. the property., Is there anybody wishing to speak for this
application? Is there anybody wishing to speak against it?
H
MR. SCHRIEVER: . I object to the application, not to the t7
sign.
0
MR. DOUGLASS : There is written consent from the property n
owner, Barbara D. Schriever.
1-3
H
On motion made by Mr. Douglass, seconded by Mr. Grigonis, n
it was n
0
RESOLVED, that the matter of the application of the
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, Appeal
No. 2623, BE RESERVED ITS DECISION until later tonight after N
the Board has gone through all the other applications. N
w
Vote of the Board: Ayes : Messrs. Douglass , Grigonis and
Tuthill. Abs,en.t...fr.om the , room: Messr. Doyen.
PUBLIC HEARING: Appeal No. 2624 . Upon application of the
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for a 0
Special Exception to, the Zoning Ordinance for permission to y
erect an off-premises directional sign. Location of property: M
County Road 27 and Cox Lane, Cutchogue, New York; bounded north r
by County Road 27 , south by Pietrewicz, west by Pietrewicz , d
east -by Cox Lane. y
0
The Acting Chairman opened . the hearing at 12 :21 A.M.-by N
reading the application for a Special Exception, legal notice tz)
of hearing and affidavits attesting to its publication in the
local and official newspapers, Notice of Disapproval from the 0
n
Building Inspector, and letter from the Town Clerk that noti-
fication had been given to adjoining property owners; fee paid
$15. 00. H
n
MR. DOUGLASS : There is a copy of a map showing the 0
property. I also have a letter of consent from the property
owner, John T. Cornell. Is there anyone wishing to speak
for this application? Is there anyone against this application? y
t�
MR. SCHRIEVER has asked that his objection to the appli-
cation and not the signs be made part of the record. b
b
On motion made by Mr. Douglass, seconded by Mr. Grigonis, ru
it was F'
N
RESOLVED, that the matter of the application of the
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, Appeal
No. 2624 , BE RESERVED ITS DECISION until later tonight after
the Board has gone through all the other applications.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis and
Tuthill. Absent from the room: Messr. Doyen.
SOUTHOLD TOWN BOARD OF APPEALS -69- October 11, 1979
October 12 , 1979
PUBLIC HEARING: Appeal No. 2625. Upon application of the
, SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for a
Special Exception to the Zoning Ordinance for permission to
erect an off-premises directional sign. Location of property:
County Road 27 , Peconic , New York; bounded north by County Road o
27 , east and south by Suffolk County, west by Gralton and others. F-3
x
0
The Acting Chairman opened the heraing at 12 : 25 A.M. by d
reading the application for a Special Exception, legal notice
of hearing, affidavits attesting to its publication in the o
local and official newspapers,Notice of Disapproval from the
Building Inspector, and letter from the Town Clerk that notifi-
cation had been given to adjoining property owners; fee paid
$15. 00. 0
n
MR. DOUGLASS : There is a copy of the County Tax Map
showing the property and a letter of consent from the property. H
owner, John T. Cornell. Is there anyone wishing to speak for n
the application? Is there anyone wishing to speak against it? o
(THERE WAS NO RESPONSE. ) '
MR. SCHRIEVER has asked that his objection to the application ro
and not to the signs be made part of the record.
On motion made by Mr. Douglass, seconded by Mr. Grigonis,
it was Q
N
rQ
RESOLVED, that the matter of the application of the Lnn
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, Appeal
No. 2625, BE RESERVED ITS DECISION until later tonight after
the Board has gone through all the other applications.
Vote of the Board: Ayes : Messrs. Douglass, Tuthill and
Grigonis. Absent from the room: Messr. Doyen.
PUBLIC HEARING: Appeal No. 2626 . Upon application of the � .
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for a y
Special Exception to the Zoning Ordinance, for permission to
erect an off-premises directional sign. Location of property:
Main Road, Laurel , New York; bounded north by Main Road, south o
by Murphy, west by Rodden and others, east by Old Main Road. n
The Acting Chairman opened the hearing at 12 :28 A.M. by y
reading the application for a Special Exception, legal notice n
of hearing and affidavits attesting to its publication in the n
local and official newspapers, Notice of Disapproval from the 0
Building Inspector, and letter from the Town Clerk that notifi-
cation to adjoining property owners was made; fee paid $15. 00.
MR. DOUGLASS : We have a copy of the County Tax Map showing
the subject property. There is also a letter of consent from P)
the property owner, Frank Murphy. Is there anyone wishing to F-'
speak for this application? Anyone against? =1#
N
N
SOUTHOLD TOWN BOARD OF APPEALS -70- October 11, 1979
October 12 , 1979
(THERE `SAP, N0 RESPONSE,
MR. SCHRIEVER has asked that his objection to the application
but not to the signs be made part of the record. e
to
On motion made by Mr. Douglass, seconded by Mr. Tuthill , it O
was n
RESOLVED, that the matter of the application of the SOUTHOLD H
TOWN DEMOCRATIC COMMITTEE, Southold, New York, Appeal No. 2626 n
BE RESERVED ITS DECISION until later tonight after the Board has o
gone through all the other applications. 0
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, and
Tuthill. Messr. Doyen was absent from the room.
ro
* * (D
12 :30 A.M. Messy. Doyen returned to the meeting. ~'
N
F
RESERVED DECISION: Appeal No. 2599. Upon application of U)
the SOUTHOLD TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport,
New York, for a Special Exception to the Zoning Ordinance for y
permission to erect an off-premises directional sign. Location
of property: Northerly side of North Road, Greenport; bounded
north by Brandi & Raynor, east by Sound Road, south by North and
Main Roads , west by Raynor.
Li
H
On motion made by Mr. Douglass, seconded by Mr. Tuthill , it
was z
RESOLVED, that the application of the SOUTHOLD TOWN REPUB-
LICAN COMMITTEE, Appeal No. 2599, for a Special Exception BE 0
GRANTED, SUBJECT to the conditions set forth by this Board at H
the end of deciding all the applications tonight. y
t-1
Vote of the Board : Ayes : Messrs. Douglass, Grigonis, W
Tuthill and Doyen. b
b
* * m
a
F,
RESERVED DECISION: Appeal No. 2600. Upon application of El,
the SOUTHOLD TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport, U'
New York, for a Special Exception to the Zoning Ordinance for �
permission to erect an off-,premises directional sign. Location �
of property: Southerly side of County Road 27 , Cutchogue, New
York; bounded north by County Road 27 , east by Glover, south by y
Glover , west by Funn. > *
� z
On motion made by Mr. Douglass, seconded by Mr. Tuthill , m ro
it was H W .
RESOLVED that the application of the SOUTHOLD TOWN REPUB- r'
LICAN COMMITTEE, Appeal No. 2600, for a Special Exception BE o
GRANTED, SUBJECT to the conditions set forth by this Board at o z
the end of deciding all the applications tonight. - n
0
Vote of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
SOUTHOLD TOWN BOARD OF APPEALS -71- October 11, 1979
October 12 , 1979
RESERVED DECISTON: Appeal No. 2601. Upon application of the
,SOUTHOLD TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport, New ;3
York, for a Special Exception to the Zoning Ordinance for permis-
sion to erect an off-premises directional sign. Location of ro
property: Northeasterly corner of Route 25 and Albertson Lane,
Greenport; bounded north by Country-Wide Management Inc. , east
by Main Road, south by Albertson Lane, west by Corrazzini and
Whipple. z
On motion made by Mr. Tuthill, seconded by Mr. Grigonis, it o
was
RESOLVED, that the application of the SOUTHOLD TOWN REPUB-
LICAN COMMITTEE, Appeal No. 2601, for a Special Exception BE N
GRANTED, SUBJECT to the conditions .as set forth by this Board o
at the end of deciding all the applications tonight.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
RESERVED DECISION; Appeal No. 2602 . Upon application of m
the SOUTHOLD TOWN REPUBLICAN COMMITTEE;- Sunset Lane, Greenport, y
NeW, York, for a Special Exception to the Zoning Ordinance for
permission to erect, an off--premises directional sign. Location
of property; Southeasterly corner of Route 25 & Gillette Drive, �
East Mar�,Qn, New York; bounded north by Main Road, east by m
Gillette Drive, south by Gagen, west by Cherepowich. H
n
On motion made by Mr. Grigonis, seconded by Mr. Doyen, it z
was
0
RESOLVED, that the application of the SOUTHOLD TOWN REPUB-
LICAN COMMITTEE, Appeal No. 2602 , for a Special Exception BE
GRANTED, SUBJECT to the conditions as set forth ,by this Board N
at the end of deciding all the applications tonight.
0
N
Vote of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
RESERVED DECISION: Appeal No. 2603. Upon application of y
the SOUTHOLD TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport, '
New York, for a Special Exception to the Zoning Ordinance for
permission to erect an off-premises directional sign. Location ro
of property: Route 27 , Southold; bounded north by Soundview
Avenue, east by Kamps & Caiola, south by Froede, Droskoski and H
Wolanski, west by Sawicki.
On motion made by Mr. Douglass , seconded by Mr. Tuthill, z
it was 0
RESOLVED, that the application of the SOUTHOLD TOWN
REPUBLICAN COMMITTEE, Appeal No. 2603 , for a Special Exception
N
O
W
SOUTHOLD TOWN BOARD OF APPEALS -72- October 11 & 12 , 1979
BE GRANTED,, SUBJECT to the conditions as set forth by this Board 1-0
,at the end-of deciding all the applications tonight. m
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, ~'
Tuthill and Doyen.
* * * N
O
W
RESERVED DECISION: Appeal No. 2604 . Upon application of
the SOUTHOLD TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport,
New York, for a Special Exception to the Zoning Ordinance for
permission .to erect an off-premises directional sign. Location
of property: Main Road, Southold; bounded north by Main Road,
east by Beixedon Estates (Nickles & Lewis) , south by Beixedon
Estates, west by DeLuca.
N
On .motion made by Mr. Doyen, seconded by Mr. Grigonis, it
was N
RESOLVED, that the application of the SOUTHOLD TOWN o
REPUBLICAN COMMITTEE, Appeal No. 2604 , for a Special Exception 'A
BE GRANTED, .SUBJECT to the conditions as set forth by this Board
at the end of deciding all the applications tonight.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
RESERVED DECISION: Appeal No. 2605. Upon application of F-3
the SOUTHOLD TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport,
New York, for .a Special Exception to the Zoning Ordinance for t7
permission to erect an off-premises directional sign. Location o
of property: Main Road, Laurel; bounded north by Laurel Proper- n
ties , east by Laurel Properties, south by Main Road, west by
School District 11. y
H
(7
On. motion made by Mr. Douglass, seconded by Mr-. Doyen, it n
was 0
RESOLVED, that the application of the SOUTHOLD TOWN
REPUBLICAN COMMITTEE/' Appeal No. 2605 , for a Special Exception
BE GRANTED, SUBJECT to the conditions as set forth by this
Board at the end of deciding all the applications tonight.
0
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Ul
Tuthill and Doyen.
RESERVED DECISION: Appeal No. 2606. Upon application of b
the SOUTHOLD TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport, m
New York, for a Special Exception to the Zoning Ordinance for H
permission to erect an off-premises directional sign. Location
of property: Main Road, Mattituck; bounded north by State Route N
25 , east by Walt Whitman Savings & Loan Association, south and o
west by Wilsberg.
On .motion made by Mr. Douglass, seconded by Mr. Tuthill, it
was
SOUTHOLD TOWN BOARD OF APPEALS -73- October 11 & 12 , 1979
RESOLVED, that the application of the SOUTHOLD TOWN N
,REPUBLICAN COMMITTEE, Appeal No. 2606 , for a Special Exception
BE GRANTED, SUBJECT to the conditions as set forth by this
Board at the end of deciding all the applications tonight.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
RESERVED DECISION: Appeal No. 2607 . Upon application of
the SOUTHOLD. TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport,
New York, for a Special Exception to the Zoning Ordinance for
permission to erect an off-premises directional sign. Location
of property: County Road 27 , Mattituck; bounded north by
County Road 27 , east by Cooper, Ashton and Urist, south by
Sidor, west by Westphalia Avenue.
0
On motion made by Mr. Doyen, seconded by Mr. Grigonis, it
was
RESOLVED, that the application of the SOUTHOLD TOWN REPUB-
LICAN COMMITTEE, Appeal No. 2607 , for a Special Exception BE
GRANTED,. SUBJECT to the conditions as set forth by this Board
at the end of deciding all the applications tonight.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
RESERVED DECISION: Appeal No. 2608 . Upon application of
the SOUTHOLD TOWN REPUBLICAN. COMMITTEE, Sunset Lane, Greenport,
New York, for a Special Exception to the Zoning Ordinance for
permission to erect an off-premises directional sign. Location
of property: Main Road, Mattituck;bounded north by Main Road ~
(State Route 25) , east by Elak, south by New Suffolk Avenue, N
west by Locust Avenue.
0
co
On motion made by Mr. Grigonis, seconded by Mr. Tuthill,
it was
RESOLVED, that the application of the SOUTHOLD TOWN REPUB-
LICAN COMMITTEE, Appeal No. 2608 , for a Special Exception BE
GRANTED, SUBJECT to the conditions as set forth by this Board
at the end of deciding all the applications tonight.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis,
Tuthill and Doyen.
RESERVED DECISION: Appeal No. 2619. Upon application
of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New
York, for a Special Exception to the Zoning Ordinance for
permission to erect an off-premises directional sign. Location
of property: Main Road, Southold, New York; bounded north by N
DeFriest, south by Radich, west by Main Road, east by Southold
School District 'No. 5. 10
SOUTHOLD TOWN BOARD OF APPEALS -74. October 11 & 12 , 1979
1 On motion made by Mr. Douglass, seconded by Mr. Tuthill,
ro
. it was
a
RESOLVED, that the application of the SOUTHOLD TOWN DEMOCRATIC ~
COMMITTEE, Appeal No. 2619 for a Special Exception, BE GRANTED,
SUBJECT to the conditions as set forth by this Board at the end rn
of deciding all the applications tonight. Q0
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tut-
hill and Doyen.
RESERVED DECISION. Appeal No. 2620• Upon application of
the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for
a Special Exception to the Zoning Ordinance for permission to
erect an off-premises directional sign. Location of-property: o
Tabor and Main Roads, Orient, New York; bounded north by Main '
Road, Ferreira, Gjoria, Weinkowski, south by Orient Central
Cemetery, west by Tabor Road, east by Terry.
On motion .made by Mr. Douglass, seconded by Mr. Doyen, N
it' was o
RESOLVED , that the application of the SOUTHOLD TOWN DEMOCRATIC
COMMITTEE, Appeal No. 2620 for a Special Exception, BE GRANTED
SUBJECT to the conditions as set forth by this Board at the end
of deciding all the applications tonight.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tut-
hill and Doyen.
RESERVED DECISION. Appeal No. 2621. Upon application of
the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York for o
a Special Exception to the Zoning Ordinance for permission to P.,
erect an off-premises directional sign. Location of property:
Main Road, Southold; bounded north by Willow Hill Cemetery, N
south by Bogovic, Goldsmith, west by Lower Road, east by Main
Road.
On. motion made by Mr. Doyen, seconded by Mr. Grigonis,
it 'was
RESOLVED, that the application of the SOUTHOLD TOWN DEMOCRATIC
COMMITTEE, Appeal No. 2621 for a Special Exception, BE GRANTED
SUBJECT to the conditions as set forth by this Board at the end
of deciding all the applications tonight.
Vote of the .Board : Ayes : Messrs. Douglass, Grigonis, Tut-
hill and Doyen.
RESERVED DECISION. Appeal No. 2622 . Upon application of
the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York for
a. Special Exception to the Zoning Ordinance for permission to
erect an off-premises directional sign. Location of property: �_j
Main Road Southold; bounded north by Traveler Street, south by =H=
Main Road, west by Pudge Corp. and Dougherty, east by Southold
N
Free Library. N
SOUTHOLD TOWN BOARD OF APPEALS -75- October 11 & 12, 1979
vOn motion made by Mr. Grigonis, seconded by Mr. Doyen, it was >
ro
RESOLVED, that the application of the SOUTHOLD TOWN DEMOCRATIC
COMMITTEE, Appeal No. 2622 , for a Special Exception, BE GRANTED,
SUBJECT to the conditions as set forth by this Board at the end of N
deciding all the applications tonight. N
N
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tuthill
and Doyen.
RESERVED DECISION: Appeal No. 2623 . Upon application of the
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York for a Special
Exception to the Zoning Ordinance for permission to erect an off- 'c
premises directional sign. Location of property: Main Road, Orient;
bounded north by Main Road, south by Orient Harbor, west by Aha, east
by Welles.
[V
On motion by Mr. Doyen, seconded by Mr. Douglass , it was
w
RESOLVED, that the application of the SOUTHOLD TOWN DEMOCRATIC
COMMITTEE, Appeal No. 2623 for a Special Exception BE GRANTED SUBJECT
to the conditions as set forth by this Board at the end of deciding
all the applications tonight.
N
Vote of the Board: Ayes: Messrs. Douglass , Grigonis, Tuthill
and Doyen.
�r
RESERVED DECISION: Appeal No. 2624 . Upon application of the
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York for a Special
Exception to the Zoning Ordinance for permission to erect an off- 1-0
premises directional sign. Location of property: County Road 27 1-0
and Cox Lane, Cutchogue; bounded north by County Road 27 , south by a
Pietrewicz , west by Pietrewicz , east by Cox Lane. ~
On motion by Mr. Douglass, seconded by Mr. Tuthill , it was N
rn
RESOLVED, that the application of the SOUTHOLD TOWN DEMOCRATIC uNi
COMMITTEE, Appeal No. 2624 ,for a Special Exception, BE GRANTED SUBJECT
to the conditions as set forth by this Board at the end of deciding
all the applications tonight.
Vote of the Board : Ayes: Messrs. Douglass , Grigonis, Tuthill
and Doyen.
RESERVED DECISION. Appeal No. 2625 . Upon application of the
SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York for a Special
Exception to the Zoning Ordinance for permission to erect an off-
premises directional sign. Location of property: County Road 27 ,
Pecotic; bounded north by County Road 27 , east and south by Suffolk
County; west by Gralton and others.
On motion by Mr. Grigonis, seconded by Mr. Doyen, it was
RESOLVED, that the application of the 'SOUTHOLD TOWN DEMOCRATIC
COMMITTEE, Appeal No. 2625 , for a Special Exception, BE GRANTED
SUBJECT to the conditions as set forth by this Board at the end
of deciding all the applications tonight.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill'
and. Doyen.
SOUTHOLD TOWN BOARD OF APPEALS -76-' October 11 & 12 , 1979
RESERVED DECISION: Appeal No. 2.626 . . Upon application of the..
SOUW1OLD ,T.OWN DEMOCRATIC COMMITTEE; Southold, New' York for a Special
Exception to the Zoning Ordinance for permission. to erect an off-
premises directional sign. Location of property; . Main Road, . Laurel;
bounded north by Main Road, south by Murphy, west by Rodden and
others, east by Old Main Road.
On motion by Mr. Douglass , seconded by Mr. Tuthill, it was
N
N RESOLVED-, , that the application of the SOUTHOLD TOWN DEMOCRATIC
COMMITTEE, Appeal No. 2626 for a Special Exception BE GRANTED SUB-
JECT to the conditions' as set forth by this Board at -the end of
o deciding all the applications tonight. ,
4 Vote� of the Board: Ayes : Messrs. Douglass, Grigonis; Tuthill.
and Doyen.
on- motion made by Mr. Douglass, . seconded by Mr. Grigonis, it was
z
RESOLVED, that the following appeals be scheduled for a public
Whearing at the next meeting of this Board:
H 8.: 05 P.M. Mattituck Holding Corp. Appeal - No. 2615
>C 8 :10 P.M. Kiwanis Club of Southold Appeal, No. 2613
2 8 :15' P.M. Raeburn, Robin A.. & Murphy, Mary E. Appeal No. 2609
8 :;35 P.M. Lembeck, Eileen M. Appeal No,. 2630
0 8-:45 P.M. _Halverson, Janet Appeal No. 2631
rX' 9 : 00 P.M., Nuhfer, Delmer Appeal No. 2633
U) 9 :10 P.M. Fishers Island Development Corp. Appeal No. . 2632
9 :25 P.M.. Gwynne Construction Co. Appeal No. 2634
H 9 :40 P.M. -Jacobs , Vernon & Sally Appeal No. 2635
W 9 :55 P .M. Lim Con Enterprises Appeal No. 2636
cn .
Vote of the. Board: Ayes: Messrs. Douglass , Grigonis, Tuthill
* and Doyen.
On motion made by Mr. Douglass, seconded by Mr. Grigonis, : it was..
RESOLVED, that the following CONDITIONS be set forth as part of
the Decisions rendered by this Board on the Southold Town Republican
Committee Appeal Nos. 2599 through 2608 , and as part of the Decisions
rendered by this Board on the Southold Town Democratic Committee
Appeal Nos. 2619. through 2626 :
(a) That the applicant obtain approval from the Suffolk County
Planning Commission, and
(b) That the applicant conform to the requirements set by
`N' this Board in addition to the requirements of the Ordinance as follows;
ON
rA
(1) Written permission of property owner for. sign
erection; said sign shall continue only as long as the property
owner ' s consent is in effect.
co
N (2) Said sign permit is terminable at once at the-
rn
direction of the �Board of Appeals.
N (3) Purpose of sign must be directional in the public
interest as distinguished from advertising of products_ or ser-
tn vices. Accordingly, said sign shall bear generally the words as
0
z
SOUTHOLD TOWN BOARD OF APPEALS -77 October 11 & 12, 1979
submitted With the application for same. ro
P)
K
(4) Said sign shall not exceed the size of four feet by It
six feet (4 ' x 61 ) . o
rn
(5) Said sign shall not be erected prior to thirty (3.0)
days -of the event advertised for, and said sign shall be removed ro
wzthin seven (7) days after the date of said event advertised, (D
namely, Election Day.
CQ
(61 Said sign shall not be less than five feet (5 ' ) o 0
from any- property line; the bottom edge of said sign shall be m
not less than four- feet C41 ) above ground.
N N
Ln M
(7) Said sign may not be illuminated.
(8) Said sign permit hereby authorized shall in no M M
event be in effect for more than three (3) years, except by o N
written approval of this Board after receiving written request Co '
no .later than September 30th of each year thereafter, and in
accordance with all the other conditions listed herein for
such approval.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tuthill
and Doyen.
On motion made by Mr. Douglass, seconded by Mr. Grigonis,
it .wa's
RESOLVED, that the next meeting of the Southold Town Board
of Appeal5will be held on Thursday, November 15, 1979 at
7 : 30 o' clock P.M.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tuthill
and Doyen..
The hearing was declared closed at 12 : 50 A.M.
Respectfully submitted,
APPROVED
Linda F. Kowalski
Secretary
Chairman oar AP �s
A �