HomeMy WebLinkAboutZBA-09/06/1979 Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
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CHARLES GRIGONIS,JR.
SERGE DOYEN,JR. M I N_ U T E_ S
TERRY TUTH ILL
ROBERT J.DOUG LASS Acting Chairman
Southold Town Board of Appeals
September 6 , 1979
A regular meeting of the Southold Town Board of Appeals was
held on 'S.eptember 6 , 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. Douglass , Acting
Chairman; Charles Grigonis, Jr. ; and Terry R. Tuthill. Absent
was : Serge Doyen, Jr.
RECESSED HEARING: Appeal No. 25.80. Application of Frank and
Delores Davies, 16 Rose Court, Northport, New York (Gary F. Olsen,
Esq. ) for a variance to the Zoning Ordinance, Article III , Section
100-31 and Bulk Parking Schedule for permission to divide property
with insufficient area and width. Location of property: Lots
No.. . 54 , 55 and 56, Map No. 175, Tollewood, Mattituck, New York.
MR. DOUGLASS: We reconvene Appeal No. 2580. Application of
Frank and Delores Davies. We have a letter from the attorney
for Mr. and Mrs. Davies advising us that they wish to withdraw
the application without prejudice.
On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was
RESOLVED, that Frank and Delores Davis, 16 Rose Court, Northport,
New York, Notice of Application dated July 25, 1979 be WITHDRAWN
WITHOUT PREJUDICE.
Vote of the Board: Ayes; Messrs. Douglass, Grigonis and
Tuthill.
RECESSED HEARING: Appeal No. 2571. Application of Greenport
United Methodist Church, Main Street, Greenport, New York, for a
Special Exception to the Zoning Ordinance, Article III, Section
100-30 , C6f, for permission to erect an off-premises directional
SOUTHOLD TOWN BOARD OF APPEALS -2- September 6 , 1979
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sign. Location of property: Main Road (State Road 25) , Greenport,
New York, bounded on the north by Main Road (State Road 25) ; east
by Jurzenia; south by Reese and Sill; west by Drossos. ,
MR. DOUGLASS : We reconvene this matter which was recessed until
tonight. I believe that application was to obtain some documents
for us. Here is a letter from Mrs. Patricia Zeller giving the
applicant permission to erect an off-premises sign. Is there any-
one who wishes to comment on this application?
(THERE WAS NO RESPONSE. )
On motion made by Mr. Tuthill, seconded by Mr. Grigonis , it was
RESOLVED, that Greenport United Methodist Church, Main Street,
Greenport, New York, be GRANTED a Special Exception to the Zoning
Ordinance, Article III, Section 100-30 C6f, for permission to
erect an off-premises directional sign. Location of property:
Main Road (State Road 25) , Greenport, New York, bounded on the north
by Main Road (State Road 25) ; east by Jurzenia; south by Reese and
Sill,,- west by Drossos.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis and Tut-
hill .
RECESSED HEARING: Appeal No. 2582 . Application of Thomas and
Edith Perillo, 87 Old Country Road, Melville, New York 11747
(Carman, Callahan, Carman & Sabino, Esgs . ) .for a variance to the
Zoning Ordinance, Article III, Section 100-31 and Bulk Parking
Schedule, for permission to divide property with insufficient area
and width. 'Location of property: Great Peconic Bay Boulevard,
Laurel , New York, bounded on the north by Great Peconic Bay Boule-
vard; east by Weglicki; south by Weglicki; west by Sidor.
Mr. Douglass read the legal notice of hearing which was published
in the local newspapers upon which the hearing was called.
MR. DOUGLASS : They have legally asked for a division of the
property. Is there anyone who wishes to' speak on this matter?
DOUGLASS HEINS, ESQ. : Carman, Callahan, Carman & Sabino. I
submit to you the survey. You will note that the proposal as set
here does meet the requirements set forth for the side-yard des-
cription on the east side of the house by the driveway. Furtr he
we intended at that time to discuss other proposals partly- with
reference to -neighbors. and._Mr. .Wegl�icks and discussing with them
the right-of-way with various deed right-of-wayed in some res-
pects. We can discuss it and know as originally set forth to
maintain driveway on the east side of the property. I suggest
that in view of the shape of the property and the right-of-way,
and the Burns might have something to say regarding the right-
of-way. I can go into detail and just to what extent that we
would prefer to go with the plan as proposed here. With that
and knowing full well there will be other opposition, I will
close now respectfully requesting that this be granted.
MR. BURNS : The access road you have is on the east side as
SOUTHOLD TOWN BOARD OF APPEALS -3- September 6 , 1979
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of now. The proposed driveway.
MR. HEINS : On the west not on the east. The driveway would be
down to the house.
MR. BURNS: The right-of-way on the east side would remain the
same. It only measures 10 feet. The deed says 15 feet. Fifteen
feet to ten feet wide.
MR. HEINS : We prefer to have a course that would suit everyone.
Mr. Heins did not have a copy of the deed with him but believes
the right-of-way in the Perillo deed stated ten feet.
MR. DOUGLASS : Is there anyone else who wishes to speak?
ROGER MUNDS : I did not make the first hearing. I was wondering
whether this application is asking for a subdivision of this
property. Or just moving lines back? In my view wouldn't that
denote an additional purchase of property and not just change of
lot line? I happen to be an appraiser. I am not an attorney like
this gentleman who must know better than I, but I want to be sure
I am saying the correct thing. My question is that in my view
they are creating a division of land.
MR. DOUGLASS : This must be approved for insufficient area and
width to permit further construction and is a request for subdivid-
ing the land.
MR. MUNDS : Into two separate lots in one ownership.
MR. HEINS : We took it in two separate conveyances and is listed
as two parcels and we are not deemed part of Laurelwood Estates.
They are taxed separately.
MR. DOUGLASS : I suggest that you will have to go to the Planning
Board for their approval. I would suggest that we will reserve our
decision in order that you may go to the Planning Board and get
their decision on whether you can subdivide it. It has to go back
to the Planning Board anyway for their approval. Is there anyone
else who wishes to speak on this matter?
MR. SIDOR: I would like to add to what he said. That land was
neve.x. intenaed to be a lot. It was just a parcel of land; he had
it there and he didn ' t know what to do with it, so he sold it to
the Priest, to Grochowski. He had no intentions of it being a lot.
If he did, he would have had a right-of-way. There was no right-
of-way to it, there was no road to it. He left it there as they
have it on my deed as a park. It was supposed to be a park, then
he decided he didn' t need all that land so he sold it. As a mat-
ter of fact, I was going to buy it myself just to buy it, but not
to build a home on it.
MR. DOUGLASS : Who was that, Mr. Weglicki?
MR. SIDOR: Right.
SOUTHOLD TOWN BOARD OF APPEALS -4- September 6, 1979
f 1
MR, DOUGLASS : Their neighbors here, they have theirs divided.
MR. SIDOR: But not that piece though.
MRS. BURNS: But it was already divided.
MR. DOUGLASS : Did you keep yours in single and separate owner-
ship, each lot?
MR. BURNS : Yes.
MR. HEINS : From my reading of the deeds , it would appear that
they are owned by the same party. Just looking up and down the
tax map, this whole section from it, all the way down towards the
Town line, there are a number of divisions there. The fact
remains that they were listed as separate parcels as we proposed
to divide them. There is substantial square footage in each area,
it ' s not as if we 're trying to build on a pinhead here. There ' s
quite a bit of room there and we 're not anticipating building
another palace or anything. A modest house, but certainly just
standing on that spot one can see that there are homes down
towards the water on several of the parcels in that area. I
don't see that it would disrupt the residing area, in fact, that
. property I think could use a little sprucing up. I think it
would add value to the neighborhood and it would be something
for the Town to be proud of, too.
MR. DOUGLASS : Well, when we checked it, you're right. There
are properties split all the way around it, and the fact is just
a little bit to the east, just outside of those properties the
houses are hard to each other, pretty near. Is there anybody
else?
MR. MUNDS: I would like to direct a question again; this is,
what is the current zoning in that particular area as of today.
In other words does the Town require 40, 000 square-foot building
lot there, or is it a half acre?
MR. DOUGLASS: It' s everywhere 40, 000 square feet.
MR. MUNDS: That' s what I thought.
MR. DOUGLASS : That ' s why we 're here. That ' s the only reason
you have an Appeals Board, for when people have a hardship so
they can come to us .
MR. MUNDS: I think that different areas around this property
that have been broken up, have been broken up smaller than this
but certainly quite some time ago.
MR. DOUGLASS : Not too long ago.
MR. MUNDS : Well , sometimes , the properties over South Oakwood
Drive, which is a filed map, have been there considerably, quite
a long time. Not that there ' s anything wrong with building on
a half-acre lot, but does this really demonstrate a hardship?
If the zoning in the area is 40 , 000 square feet-
SOUTHOLD TOWN BOARD OF APPEALS -5- September 6, 1979
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MR. DOUGLASS : The zoning in Southold Town is 40, 000 square feet.
But that is not something that is in an area like this , where a sur-
rounding area is subdivided to less than that. It is a hardship
to a man if he has to maintain an acre and everybody else can work
on a half or a third.
MR. GRIGONIS : Of course, recently it changed quite a bit, and
the chances are if we were to deny it to him, and he went to Court,
the Court would uphold him instead of us.
MR. MUNDS: I was only bringing up the terminology that you had
used, and that is "hardship. " That' s what I was mulling over.
If a man is buying the property as such and the immediate character
of the neighborhood, Mr. Burns has his in single and separate owner-
ship, three of the lots; this is a single piece in my view. Now I 'm
not an attorney. Mr. Sidor and I believe his brother, I believe
they are separate;' going all the way down. And the property that
was just sold that was Mr. Weglicki ' s is a single piece all the way
down. So, quite a bit of the area is not broken up into half acres,
so I 'm not really sure that the whole area around there is being
broken up. I mean if both sides were definitely half acres, or
third, or quarter or something, I think it ' s demonstrating on both
sides that there are some houses close by and some that aren't.
If a man is buying the property and wishes to sell it off, is that
really a hardship. I mean he his buying it as an entire piece
and he would like to subdivide it.
MR. DOUGLASS: Well, I can ' t read his mind about why he bought
it, or why he bought it the way he did.
MR. HEINS: Mr. Chairman, just to flesh out the picture a little
bit. The present intention is to fix up the back house, and in
the future when Mr. Perillo sees fit to move forward, and the inten-
tion at this point is to have Mrs. Perillo ' s mother move into the
back house. But that is really only almost compensation though
because as a technical matter you've got other concerns, whether
it' s Mr. Perillo ' s mother or someone, it' s pretty much the same
situation. And I just stand on the other comments , where appar-
ently you have other parties that we'll have to seek approval from.
I fail to see in any way if this is carried out how it disrupts
this area.
MR. DOUGLASS : Do you understand that if we approve this on
that access, that you have to meet certain standards on that ac-
cess before you can get any building permission at all?
MR. HEINS: We are fully aware, Mr. Chairman, that any approval
here and any future plans will be subject to the approval of the
various regulatory bodies.
MR. DOUGLASS : I mean, we have regulations in what we will
accept for an access road and so on. It has to be a minimum of
certain paved for a 15-foot width.
MR. HEINS : We are prepared to meet those requirements.
SOUTHOLD TOWN BOARD OF APPEALS -6- September 6 , 1979
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Mkt.. D.4LIGL�, S; I ' ll accept a motion if anybody would care to
move.
After investigation and inspection, the Board finds that
the applicant wishes approval of the insufficient area and width
and approval of access and that the property had been previously
subdivided by the Planning Board before the lots became merged
due to the same ownership. The applicant wishes to enlarge the
rear lot to 15 ,000 square feet, more or less and decrease the
front lot to 36, 000 square feet, more or less.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of the property
and in the same use district; and the variance will not change
the character of the neighborhood and will observe the spirit
of the Ordinance.
On motion made by Mr. Grigonis, seconded by Mr. Douglass,
it was
RESOLVED, that Thomas and Edith Perillo, 87 Old Country .
Road, Melville, New York (Carman, Callahan, Carman & Sabino,
Esqs. as agent) be GRANTED a variance to the Zoning Ordinance
Article III, Section 100-31 Bulk and Parking Schedule approv-
ing the insufficient area and width as designated in the appli-
cation, and approving the access subject to the following
CONDITIONS :
(1) Southold Town Planning Board approval for a minor
subdivision of the subject property;
(2) Suffolk County Planning Commission approval;
(3) Conformance with the Southold Town Zoning Board of
Appeals requirements for an access road.
Vote of the Board.: Ayes: Messrs. Douglass, Grigonis and
Tuthill. *
PUBLIC HEARING: Appeal No. 2591. Upon application of.
Diane Gazza, c/o North Fork Equities , Inc. , North-` Road, South-
old, New York 11971, for a variance to the Zoning Ordinance,
SOUTHOLD TOWN BOARD OF APPEALS -6a- September 6 , 1979
Article III , Section 100-30, for permission to have a non-farm,
barn storage building as the main structure on a lot which is
not permitted in an A-residential and agricultural district,
and a variance to the Zoning Ordinance for permission to con-
struct said building with an insufficient frontyard setback..
Location of property: Cedar Beach Road, Southold, New York, t
known and designated as part of Lots No. 21, 22 , 23 , 24 on
Map No. 90 of Cedar Beach Park.
The Acting Chairman opened,,the hearing at 8 :37 P.M. by
reading the application for variances, legal notice of hearing
as advertised in the local newspapers, affidavit attesting
to its publication in the official newspapers, and Notice
of Disapproval from the Building Inspector, and letter from
the Town Clerk that notification to adjoining property own-
ers was made; names unknown. Fee paid: $15. 00 .
MR. DOUGLASS : We have a copy of the subdivision map
as approved by the Southold Town Planning Board August 30,
1978, and a copy of the Suffolk County Tax Map showing the
land that this part of the building will be on. Before I
open this up to the parties interested, I would like to say
this, that the Planning Board, back awhile ago, this was
at one time a section of about five different little lots.
They found that at that time it was not practical and the
people came into the planning Board, and the Planning Board
changed it from the five lots to just two, which Mrs. Gazza
owns and has constructed a house on one, and now wishes to
put this storage barn on the other. It has very limited
area that she can go in due to environmental causes.
She requests it in about the only area she can go. Now,
we need some information. First, I ' ll ask is there any-
body here who wishes to speak for this application? Do
you, Bob?
MR. GILLISPIE, III : Well, I 'll speak for it, but I
wrote it.
MR. DOUGLASS: Well, while you are speaking for it,
I ' ll need to know some facts that we don't have on this
matter. Number One, the size of the storage building; we
don ' t have any measurements.
S'OUTHOLD TOWN. BOARD OF APPEALS -7 September 6, 1979
MR. GILLISPIE: The size of the building would be , 29 ' x 581 .
MR. DOUGLASS : The original sketch you had was 24 ' x 481 , I
believe, right, and then she spread it. out a .little bit and then _ .
- that's what brought it for a front-yard variance?
MR. GILLISPIE: There were footings constructed on this prop
erty December of last year, the 24 x 48.
MR. - DOUGLASS: Right, this we 'found.
MR. GILLISPIE: Mrs. . Gazza subsequently bought the lot and
now she wanted. a building somewhat larger than 24 ' x 481 .
MR. DOUGLASS: Now, with ,the 24 x 48 , it came to '52 feet from.
the property line, and now with the, 29 that shows you five feet
out. In other words you are going to sit, 47 feet from the front-
.yard line.
PAR. GILLISPIE: Right, I would. say that safely we 'wish 'to
apply for a front-yard setback of 45 feet.
M.P.. DOUGLASS : For the files on this ,- Bob, we are going to-
need you to get us a sketched diagram of the building and where
it is going to sit for our files; so please bring that in. Is
there anything else that you wish to add to this?
MR.. GILLISPIE: We are maintaining the . side-yard as shown
. on the east side of the property and we 're attempting not to 'go
any closer to the water than as shown.
NLR. DOUGLASS : You have 60 feet to the water.
MR. GILLISPIE: Right, so we feel that it' is better to ask
for a front-yard setback, than to. try end go�. closer to the -water,
environmentally. ,
MR. DOUGLASS: Yes,, if, you go .any closer than, that 60 feet,
.at 60 feet you're down to 4 .feet' above sea, level. If you want
it closer than that. your next drop is down to 2 feet. Is there
anybody here who wishes to speak .in, opposition . to thise appli-
cation?
(THERE WAS NO RESPONSE. )
SOUTHOLD TOWN BOARD OF APPEALS -S- September 6, 1979
MR. DOUGLASS: That ' s 24 feet from the east boundary line, right?
BOB GILLISPIE , JR. : Right.
MR1 TUTHILL: Actually, these are adjacent lots, physically one
lot, and if that were so legally, we would be dealing with an acces-
sory building.
MR. DOUGLASS : Yes, that ' s right. It would be an accessory
building, but it was two lots and that' s why she had to come in.
If she had joined them into one lot, she would have been-
MR. TUTHILL. Asa practical matter, it' s an accessory build-
ing to the house.
MR. GILLISPIE: Mr. Chairman, under the Ordinance what is her
allowable side-yard on the east side?
MR. DOUGLASS : Well, you could come down to, I would say, probably
not under 20 feet on that side. I ' ll have to dig it up for you
anyway because-. Thirty-five is the total, 15 on, one side and
20 on the other.
MR. GILLISPIE: Can we. say for the record that we will certainly
maintain the required minimum sideyard? I may have to come a little
closer than 24 feet is what I am saying.
MR. DOUGLASS : You can 't increase the size of the building.
The size of the building is to be stabilized. But you can come
to within 20 feet. We 'll set it so you can come to within 20
feet if you want, which is the sideyard. Is there anybody else
in the audience wishing to be heard?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS : If not, does anyone wish to make a motion on it?
After investigation and inspection the Board finds that the
applicant wishes to construct a non-farm, barn storage building
as a sole structure on the lot with insufficient front-yard set-
back of 45 feet from Cedar Beach Road.
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 spirt of the Ordinance.
On mo_tion made by Mr. Grigonis, seconded by Mr. Douglass, it
was
SOUTHOLD TOWN BOARD OF APPEALS -9- September 6 , 1979
RESOLVED, that Diane Gazza, c/o North Fork Equities, Inc. ,
North Road, Southold, New York 11971, be GRANTED a variance to
the Zoning Ordinance, Article III , Section 100-30 for permis-
sion to have a non-farm, barn storage building as the main
structure on a lot which is not permitted in an A-Residential
and Agricultural District, and be GRANTED a variance to the
Zoning Ordinance for permission to construct said building
with an insufficient front-yard setback, subject to the fol-
lowing CONDITIONS:
(1) That the subject building be no closer than 45 feet on
the. frontyard and no closer than 20 feet on the easterly lot
line.
(2) That the building will remain at 58 feet by 29 feet
as requested.
(3) That the accessory building be used only for
storage of materials incidental to the use by the applicant
of the adjacent single;;=family dwelling also presently owned
by the applicant herein.
(4) That the building as constructed shall not be altered
in any respect, nor shall the use thereof be changed without
prior approval of this Board.
(.5) That no other buildings of any type whatsoever .be
constructed . on said lot.
(6) That the lot not be further subdivided. For purposes
of this decision, the word "lot" shall be deemed to mean the
lots set off by the Southold Town Planning Board in its decision
and approval dated October 10 , 1978 .
(7) That there shall be no living quarters within this
building.
Location of property: Cedar Beach Road, Southold, New York
known and designated as part of Lots No. 21, 22 , 23 and 24 on
Map No. 90 of Cedar Beach Park.
Vote of the Board: Ayes : Messrs . Douglass, Grigonis and
Tuthill .
SOUTHOLD TOWN BOARD OF APPEALS -10- September 6, 1979
PUBLIC HEARING: Appeal No. 2588 . Upon application of
Frances N. Frisbie, Clearwater Lane, Cutchogue, New York 11935 ,
for a variance to the Zoning Ordinance, Article III , Section
100-31 and Bulk Parking Schedule for permission to change lot
lines on a filed subdivision map. Location of property:
Nassau Point Road and Clearwater Lane, Cutchogue, New York,
known and designated as Lots 105 and 106 on Map No. 156
"Amended Map A of Nassau Point. "
The Acting Chairman opened the hearing at 8 :52 P.M. by
reading the application for a variance, legal notice of hear-
ing as advertised in the official local newspapers, affidavit
attesting to its publication in the official newspapers,
Notice of Disapproval from the. Building Inspector, and letter
from the Town Clerk that notification to adjoining property
owners was made to Robert H. Sturday and Roberta Sinott.
MR. DOUGLASS : We have a copy of a sketch drawn for Mrs .
Frisbie of the way she desires to subdivide this land and
where she desires the access to the piece where her house and
garage are and so on. We also have a section of the County
Map showing the part of Nassau Point where we would be taking
action upon. This again is a case where at the time of pur-
chase they purchased two sections of a subdivision, however,
when they were purchased and put together, it became one. So
it is now a case of subdividing the property not just changing
the lot line. Is there anybody in the audience who wishes to
speak for this application?
MR. FRISBIE: I 'm the husband of the lady who owns the
property, and we appeared before the Town Planning Board, and
they told me that it was to go before you fellows, that this
was the question of redrawing the lot line. This is in a
filed subdivision map. There were two lots, 105 and 106 . We
could build on 105 but it would mess things up because there
is a cesspool, the house on 105 for 106 , and the garage for
106 is on 105; and I think you folks understand, I mean,
I don 't know whether you care for me to show you.
MR. DOUGLASS: We have been up there and did take pictures
of it.
SOUTHOLD TOWN BOARD OF APPEALS -l - September 6, 1979
MR. FRISBIE: Well, what we had planned to do was at some future
time build on this other lot for one of our children when they were
ready for it; and that would be fine, we could do that now; but if
at some future time and when we pass on or when things change, there
would be an awful mix-up. In other wor,ds,, it could be a mother-
daughter situation now or a father-son,- but at a later date you
would have two garages on one lot and no garage on the -other. lot,
so we therefore respectfully request the permission regarding the
lot line.
MR. DOUGLASS: Can you tell me, were both of these lots_ when
purchased put in Mrs. Frisbie ' s name.
MR. FRISBIE: Yes, they were.
MR. DOUGLASS: Then it is now one common lot of 2 . 4 acres. They
are not independent lots any more.
MR. FRISBIE: Even in a filed subdivision?
MR. DOUGLASS: It becomes one lot. It doesn't matter whether
you buy two or three. If they were bought and purchased and put
under the single and separate ownership it is one lot. This, we
went over this with the Town Attorney yesterday and so it becomes
a point of subdividing this land, the one that you wish to create
out on Nassau Point Road conforms , there are no problems. It
conforms and has over the area and has road frontage. However,
the one. that where you live will only have 25-foot of frontage
on a road and- that ' s the access. So thereby it does not conform
in frontage.:. The only thing that we can do is we can give you.
approval of access and then you have to go back to the Planning
Board and they will have to approve the subdivision of it and -
then the. County Planning Board has to approve it because you are
within 500 feet of the water. That is a matter that our secre-
tary just takes care of. She will, if it is approved, she would
write the Suffolk County Planning Board and they will send back
an answer to us. However, you will, if we approve the access and
so on for your homestead part, why then .you will have to go back
to the Planning Board for approval of the subdivision of the two.
We can grant you the access and the lack of footage on. the road.
Is there anybody wishing to speak against this application?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS : Is there anybody wishing to say anythingon
the application? Do you have any questions. I ' ll make, a motion
then that the application for the access and the property divi-
sion of under the allowable number of footage be granted and '
that you take it back to the. Planning Board and get their .
approval on the subdivision.
After i nv-estigation and_inspeton finds that?'--the
-Board
applicant-.wishes' to _
divide 2 . 4 acre into_"two _parcels
which had become one .. -,arcel when � -_ p pu.xchasedof both -contiguous
arce `-wa's made Into the "same:ow ershi p Tl.el ot-s4-JiLln
proposedz-subdividing. Uiould:eac=l have ,•more-than_=40., 000 ,-squarer
--
SOUTHOLD TOWN BOARD OF APPEALS -12.,- September . 6, 1979'
feet .in area. The Board feels that the applicant 'has met all
.requirements except for access off Clearwater Lane. The
Board agrees with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared&by all
properties alike in the .immediate vicinity of the .property
and in the same use district; and the variance will not change
the character of the n&!4hbbrhood and will observe the spirit
of the Ordinance.
On motion made by Mr. Douglass, seconded by Mr. Tuthill, * it
was
RESOLVED, that Frances N. Frisbie, Clearwater Lane, Cutchogue,
- New York, be GRANTED a variance for access to the lot whose
frontage will be off Clearwater Lane, subject to the following
CONDITIONS:
(1) That the access road be in conformance with the
requirements of the Southold 'Town Zoning Board of Appeals;.
(2) That -the applicant .obtain approval from the Southold
Town Planning Board for a subdivision as proposed.
(3) That the applicant obtain approval from the' Suffolk
County Planning Commission.
Location of the .property: Nassau Point Road and Clearwater
Lane, Cutchogue, New York, known and designated as Lots 105
and 106 on Map No. 156 "Amended Map A of Nassau Point. "
Vote of the Board: Ayes: Messrs. Douglass, Grigonis and
Tuthill.
PUBLIC HEARING: Appeal No. 2585 . Application of William
and Margaret Phelon, 215 Northfield Road, Hauppauge, New York,
for a variance to the Zoning Ordinance, Article III , Section
100-31 and Bulk Parking Schedule for permission to construct
a dwelling with insufficient front-yard setback. , Location of
property: Lilac Lane, Cutchogue, New York, known and desig-
nated as Lot No. 1.05 on Map No. 1179 "Map of Nassau Farms. "
The Acting Chairman opened the hearing at 9 :12 P.M. by
reading the application for a variance, legal notice of hear-
ing as advertised in the official local newspapers, affidavits
attesting to its publication in the official newspapers,
Notice of Disapproval from the Building Inspector, and letter
from the Town Clerk that notification to 'adjoining property
owners was made to: Mr. and Mrs. Joseph Kirwin, Mr. and Mrs. _
Edward Nixon, and Mr. and Mrs. Laszlo Kun.
MR. DOUGLASS: Is there anyone who wishes to speak for this
SOUTHOLD TOWN BOARD OF APPEALS -13- September 6, 1979
application?
WILLIAM PHELON: My wife has prepared somewhat to scale model
of the proposed changes .
MR. DOUGLASS : Would you bring it up please?
MRS . PHELON: This is completely reverse of what it really
would be. This would be Lilac Lane.
MR. DOUGLASS : Yes, it stops one piece before you.
MRS. PHELON: Yes. There ' s an empty lot here, and over here.
And over here the 130 ' wide. That' s the house.
MR. DOUGLASS: That ' s 52 feet off of Lilac Lane.
MRS . PHELON: That ' s 52? We measured 50, but we didn't do
it by survey.
MR. DOUGLASS : I went up and measured. It might be where
you consider the position of the lot line, too. That can be-
MR. PHELON: Well, I just stood at the end of the driveway
and tape measured it.
MR: DOUGLASS : The lot line is usually according to the
telephone pole location.
MRS . PHELON: There is a 90-foot plot here , and about 10
feet in is this house, correct?
MR. DOUGLASS : That' s your neighbor and it' s her mother or
aunt that owns this one here.
MRS. PHELON: That ' s correct, yes. Because it is L-shaped,
this house appears back of that other house. Part of it, this
part of course. That's the lay of the land. As you come in,
you come in on Lilac Lane this way, so this is grass.
MR. DOUGLASS: That' s a right-6f-way.
MRS . PHELON. Right-of-way, yes . You can see how horrible-
This would be 50 feet. Which means we would have to come over
this way, take that tree out.
MR. DOUGLASS : You don 't request any specific amount?
MRS . PHELON: Thirty-five foot setback we ask for.
MR. DOUGLASS : All you say is that it used to be 35 foot,
at the time.
MRS . PHELON: I thought we asked for a 35-foot setback.
It would actually be 36 because we have an overhang on that
house.
SOUTHOLD TOWN BOARD OF APPEALS -14- September 6, 1979
MR. DOUGLASS : All right. We 'll take it on up from there.
Thank you for bringing it up. Mrs. Phelon, what is the dimen-
sions of that proposed house?
MRS . PHELON: On the north side it ' s 50 feet.
MR. DOUGLASS: 50 foot? That' s on the long "L?" That goes
back towards the shed?
MRS. PHELON: Yes. And the north to the south is roughly--
the main part of that house would appear a good bit behind
the other house, the main body.
MR. DOUGLASS : When we investigated it up there, there are
no houses that are closer than 50 foot on that whole road.
They're 50 feet and better a setback along there. Did you
run a,tape from your shed to the property line?
MRS . PHELON: From our shed to the right-of-way? You mean
when we built the shed?
MR. DOUGLASS : No. Do you know what your measurements are?
Did you measure it to see what your measurements are there?
MRS . PHELON: A little bit behind the half-way point. The
lot is--
MR. DOUGLASS: The lot is 209 feet.
MRS . PHELON: On one side and 200 and something on the other.
MR. DOUGLASS : 213 on the other.
MRS . PHELON: On the 213 side it' s just a little beyond
half way. That would be maybe 110 feet.
MR. DOUGLASS : Is there anyone wishing to speak against this
application?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS: Is there anybody else that has anything they
would like to say about it?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS : After going down through Lilac Lane and measur-
ing those other houses to bring this house forward would set a
very definite pattern that is not there now. They are all 50
and better. And therefore I have to make a motion you stay
back to the 50-foot line.
SOUTHOLD TOWN BOARD OF APPEALS -15- September 6, 1979
After investigation and inspection, the Board finds that the
applicant wishes to construct a house with less than the minimum
allowable front yard as required, namely 35 feet. The Board
feels that in view of the front-yard setback pattern that is
on the surrounding properties, it would not be proper to grant
this reduction to less than a 50-foot frontyard setback.
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 be shared
by all 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 made by Mr. Douglass, seconded by Mr. Grigonis ,
it was
RESOLVED, that William and Margaret Phelon, 215 Northfield
Road, Hauppauge, New York, be DENIED a variance to the Zoning
Ordinance, Article III, Section 100-31 and Bulk Parking
Schedule, for permission to construct a dwelling with insuf-
ficient front-yard setback. Location of property: Lilac
Lane, Cutchogue, New York, known and designated as Lot No.
105 on Map No. 1179 "Map of Nassau Farms. "
Vote of the Board: Ayes : Messrs. Douglass, Grigonis and
Tuthill.
PUBLIC HEARING. Appeal No. 2587 . Application of Penelope
Kousouros and Stephen J. Perricone, 7470 Sound Avenue, Matti-
tuck, New York 11952 , for a variance to the Zoning Ordinance,
Article VI , Section 100760, for permission to establish a
disco bar with dancing. Location of property: Sound Avenue,
Mattituck, New York, bounded on the north by Sound Avenue;
east by Sepko; south by Meglio; west by Meglio.
The Acting Chairman opened the hearing at 9 : 32, P.M. by
reading the application for a variance, legal notice of hear-
ing as advertised in the official local newspapers, affi-
davits attesting to its publication in the official local
newspapers, Notice of Disapproval from the Building Inspector,
and letter from the Town Clerk that notification to adjoining
property owners was made to: Mary Sepko and Joseph Meglio.
$15 . 00 fee paid.
MR. DOUGLASS : Is there anyone wishing to speak on this
application?
MR. PERRICONE: I received this ; I don't know if you
need it. (Mr. Perricone gave the Acting Chairman the certi-
fied letter that was mailed to Mary Sepko which is marked by
the postal service "unclaimed. ")
MR. DOUGLASS: We will place it in our files .
SOUTHOLD TOWN BOARD OF APPEALS -16- September 6, 1979
MR. PERRICONE: I have nothing further to say.
MR. DOUGLASS : Is there anybody else who wishes to speak on .
this application for this application?
TSOUNIS : Excuse me, Mr. Chairman, we have several
spokesman who are against it.
MRS . HERFURTH: We 'd like to know what he said for it, can'.t
we hear what he said for it?
MR. DOUGLASS : He didn't say anything for it. . He just passed
us a certified letter that came back to him. Is there anybody
wishing to speak for it?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS : We ' ll come back to you because we need alot
more information, but first I ' ll throw it open, anybody ,here
wishing to speak against it, and when YOU do, put your hand up,
I ' ll call on you, give our secretary -your name, please. Every-
thing goes through the chair. ' I 'll open it up to anybody
desiring to speak against this application. You, sir?
STANLEY SEPKO:' We own the property ,directly east and .number
one, I don't know whether you have been by the place, but you
can see he ' s got more than one business going there which I
think myself is a big violation in the zoning ordinance. Any
way, number two we had trouble with this man. He thought he
owned half of our property, just east of it, he owns half of
the driveway. We had to get a surveyor and went . through a
great lot of expense trying to keep him off of it. Now I
can't see, I know the property dimensions roughly but I can't
see where they are going to park cars there for a disco. We
have a disco in the Village now which I think one is more than
enough. If we 're going to have it over there, I want to know
who is going to be liable for all the property. We 've got
crops growing next to it. Who is going to be liable for all
of the damages that are caused when cars are parking for this
disco? I think that man' s got enoughibjsin-esses going on
. there. He' s got junk all around the place; you can't tell
what it is. My neighbor here, she can see it from her home.
If you looked at it, it' s a disgrace to Mattituck, and I .
think another disco there, especially one that' s going to .be
open all hours of the night, is not necessary in Mattituck.
We 've got one in Mattituck. If anyone wants to go disco
dancing, there ' s a place in Town, plenty of disco. .
MR. DOUGLASS : Let me just ask him a question. I thought
that one ceased being a disco.
MR. SEPKO: Nobody knows what ceases.
CLEO TSOUNIS: That' s a disco.
MR. DOUGLASS: It ' s still a disco?
SOUTHOLD TOWN., BOARD OF APPEALS' -17- September 6 , 1979 - '
MRS . TSOUNIS. Oh, yes.
MR. DOUGLASS: I understood that it had stopped using it.
MR. SEPKO: They open up at 10 : 00, not at 8: 00. They open
at 10: 00. Cars zooming in and out of there.
MR. DOUGLASS; I was told it was something other than a
disco.
MR. SEPKO: If you ask Dr. McCullough he 'll tell you he
hears that. disco music pretty loud in there. He 's right
across the street.
UNKNOWN LADY: I don't want to give my name.
MR. DOUGLASS: You' ll have to.
UNKNOWN LADY: ;L'd _rather =not. Why, do I have to? .
MR. DOUGLASS: We' ll need it for our. records.
UNKNOWN LADY; I don 't want to give my name. Forget about
it. I 'm a "mystery woman from Mattituck.
MR. DOUGLASS : Yeah, all right: Mystery woman.
UNKNOWN LADY: The disco, can he guarantee how far that
drumming, with the windows -open intthe summer, how many people
are going to be disturbed by it. Did you hear disco music?
MR. DOUGLASS: Yes, I know it quite well.
UNKNOWN: LADY: I remember I lived in a neighborhood with
this; my nerves were shattered. I was glad to come out in
the Country and have quiet neighbors here. People pay -very
high taxes and there are alot of these retired old people,,
they won' t want that "boom, boom, .boom. " If you pass this,
which I hope you don't, you're going to see how much suffer-
ing there is going to be. Oh, and another thing, this is
the intersection. There at night, I wouldn't, I come through
there alot. Even my young son, said it was dangerous to have
a disco at that intersection. And to have drunks out of it
at night. It' s bad enough as it is.
MR. DOUGLASS: This is something that we have no control
over. The County controls that. The County has to pass 'on
all this too. We don't ;just pass on it. Is there anybody
else? You, sir?
MR. PANAGOPOULOS : Mr. Chairman? I lived in this 'Town for
14 years. As your previous speaker said about the disco, I
can see these people, where are they going to park those cars?
Then you are going to have the hazard of traffic. The hazard
of drunks coming out. And you know that I know it, two weeks
SOUTHOLD TOWN BOARD OF APPEALS -18- September 6 , 1979
ago we had two persons killed out over disco. I mean, we don't need
no more of this. We have one disco right here in Greenport and one
in Mattituck. I don't see the reason for a third disco to create
more disorder and more trouble for this Town. We have enough .trouble
as we are. We like it like this. We don't want no more trouble.
Thank you.
MR. DOUGLASS : Where do we have one in Greenport? I missed that
one.
MR. PANAGOPOULOUS: We have Drossos .
MR. DOUGLASS : Oh. You call that a disco.
MR. PANAGOPOULOS : Oh yes!
MR. DOUGLASS : Ok. Yes, ma'am.
MRS . HERFURTH: Excuse me. I have to say for Drossos it ' s definitely
disco. They turned completely disco.
MR. DOUGLASS: Your name ma' am.
MRS . HERFURTH: My name is Mrs. Herfurth. But Drossos is definitely
disco and so is the Sundown. Among certain things. But they have a
band every Friday, Saturday and Sunday night.
MR. DOUGLASS : So does Soundview.
MRS . HERFURTH: Not disco.
MR. DOUGLASS : I have danced disco at Soundv.iew.
MR. PANAGOPOULOUS : You 've got three in your favor, Mr. Chairman.
MRS . HERFURTH: I 'm against it. I mean, I like disco, I 'm not
saying that. ' But I have to agree that ' s a bad spot for it.
MR. DOUGLASS: All this stuff is taken into consideration before
any decisions can even be made on the matter, but we 're here to hear
your feelings. Is there anybody else who would like--
MR. TSOUNIS : My name is Mr. Tsounis and I would like to say I have
been to several discos and I know what discos are like. First of all
as the previous speakers, there won 't be a big flux in traffic. Also
once you 're at discos the people can 't go for drives . Also you have
people who have under the influence of drugs and alcohol because at
discos, I myself do not believe in drugs or any illegal substance,
but alot of illegal things such as marijuana and other things go on
during discos . Now I 'm not saying that this will go on at this
gentleman' s disco. I 'm telling you that I have been to several
discos in the Hamptons and these things go on. So under the influ-
ence of all these things , those people drive all around, they go to
SOUTHOLD TOWN BOARD OF APPEALS -19- September 6, 1979
the beaches. Ok, .also,, the main transportation for young people is
bicycles. And .alot of people in Mattituck go" on bicylce ;rides(.-',, And
therefore it' s very easy for an individual to 'be run over. Alot of
people drive bicyoles at night because this is there only__ form of
transportation because they are under. 18 and don't drive..,; Ok, so
you have all these people' driving and. some 'are going to get killed.
That ' s one thing. Also, it' s gonna, just the whole atmosphere, you
are going to have people from outside Southold come to this place,
you know, . if it ' s .a nice disco; which I presume he's trying to build
a nice disco, you:'re going4to_ have people from all around here and
you're going to get. some rowdyj' people. You just can't avoid it.
. Alot of trouble in Mattituck. I 've been living in Mattituck for
over 17 years; I love Mattituck, and I don't want to see it being
downgraded, and I feel passage of this variance would be the des-
truction of Mattituck.
MR. DOUGLASS: Let me ask' you a question, before I ask the man .
who is asking for it one. What you're stating is .that disco is
all teenagers. ..
MR. TOUNIS: No, I say, you have to be over 18 , no? So the bulk
will be over 18 to 20,. 21.
MR. DOUGLASS: I don 't know, but somewheres along the line, and
now I ' ll go back to the owner, . somewheres along the line I heard
reference that there was a possibility of some days for the young
group with no bar, and other .days with bar for the older people.
Is that right?
MR. PERRICONE: Yes, right-.
MRS . TSOUNIS: From 9 to 4 A.M.
MR. DOUGLASS: Well now, ma'am. I think if you go down this
street in Greenport and Mattituck at 3 or 4 o'cloc,k on Sunday
morning, you'll find quite a few of your children out there . More
than- you'll like. But that ' s getting away from the reasoning
behind it, but I want to hear everybody. Thank you.
. .MR. TSOUNIS ; Wait, I would also like to say that, you know,
closer to traffic, just want to repeat that there would be alot of
traffic and this will also ruin) the environment, on the grounds
that, you .know, you have people parking on the grass not__.just on
the parking lot. There will probably be an overflow into this
gentleman over here, into his property which calls for alot of care.
MR. DOUGLASS : Well, no business can overflow onto the neighbor,
that ' s .for sure.
MR. TSOUNIS: Well, it' s being done, excuse me, it ' s being done
. .now according to that gentleman there.
MR. DOUGLASS: Well that's something between them. Property
lines. are between them, not us. We cannot do `. anything about
property lines. Would you like to say something ma' am?
SOUTHOLD TOWN BOARD OF APPEALS -20- September 6 , 1979
BARBARA SAYRE: I am a neighbor immediately adjacent to the west.
I would like to ask a question. Where is the parking to be? I don't
know of any parking there. There are no shoulders on the road.
MR. DOUGLASS : Here is proposed parking area, down the sides and
across the front will all be changed to the back edge of the existing
storage sheds. Would you care to take a look at this; this will show
you alot.
MRS . SAYRE: I go by it ten times a day because I live there.
MR. DOUGLASS: Yeah, well, we 've been up there many a times, in
fact I was there when the building was built by Pa ish.
MRS . SAYRE: Right. There ' s parking in the front you 're saying?
MR. DOUGLASS: There will be, right.
MRS . SAYRE : That' s right on the road.
MR. DOUGLASS : No. It sits back from the road quite a bit.
MRS . SAYRE: How far?
MR. DOUGLASS : The narrowest, the closest area to the road is
26 feet.
MRS . SAYRE: Twenty-six feet.
MR. DOUGLASS : Right. And that' s a shrub area where they propose
to plant shrubs and so on. The parking area is another, back
another ten feet, so the parking area across the west section of
it, which is the extension from the, the disco part is proposed for
what was the sales department and the office department now, and was
when built it. The showroom area. The stuff that he has
in there he is proposing moving over for his fence business , over
into that elongation that goes to the west, and' so there is parking
in front of that, parking on the sides he proposes, both sides, back
to where there will be fence line across in front of where Mr.
Foster has his machinery. Is there anything else?
MRS . SAYRE: How far can, for how many cars, I still don 't see
the parking.
MR. DOUGLASS : This is something we have to determine, that he
has to answer and meet specs and so on and so forth. This is stuff
we haven't got yet; this has to be done yet. Yes?
MR. SEPKO: I happen to know that he hasn't got enough room on
the east side of that building to park cars in there. Well, I 'm
gonna put up a concrete monument up there, either concrete or rail-
road things tomorrow. -I want him to be instructed that, it' s going
to be on my property.
MR. DOUGLASS : I can't instruct him to do anything. I have
nothing to do with property lines.
SOUTHOLD TOWN BOARD OF APPEALS -21 September .6 , 1979
MR. SEPKO: Well, if he does he is going to be liable. 'Cause I
talked to the Building Inspector today, yesterday, and I know if I
put a post up there .three feet high, that man will not go by there
with a truck on the east side of his property to get by his building.
He won't get up to the door.
MR. DOUGLASS: Well, this is the thing for you and him on surveys.
it has nothing to do with us .
MR. SEPKO: I 'm just telling him, right before you, that' s just
what ' s going to happen to him before the end of the week.
MR. DOUGLASS : The only thing we can go by is a Van Tuyl survey.
We have a Van Tuyl survey and that ' s all we can go by. I have no
way of knowing anything else.
MR. SEPKO: I 'm saying it' s going to be different there by the
end of the week.
MR. DOUGLASS : Is there anybody else? Yes , sir.
FRANK HUSACK: I live in Mattituck and I am well familiar with
Papish' s old building. What will be the capacity crowd in that
particular building.
MR. DOUGLASS: This has not been determined yet.
MR. HUSACK: Do we have any ordinance, noise abatement, fire
control on fire exits and so on and so forth that would apply or
could be enforced while this is in operation?
MR. DOUGLASS : Very definite. You have a noise ordinance right
now.
MR. HUSACK: I don 't think you do.
MR. DOUGLASS : Oh, yes.
MR. HUSACK: I ' ll cite -you an instance on Sundown Disco. My
brother-in-law happens to own the coin shop across the street from
it. They start at 8 or 9 o 'clock in the morning and they continue
right on through till 5 o'clock in the morning. You have drunks
coming out and urinating all over the streets, breaking beer bot-
tles, throwing garbage and junk, and God forbid that you make a
complaint. Because then you are harassed from here to hell. The
woman that owns the building, Mrs. Kouros , asked them to abate from
the noise; they intensify the noise; they throw their garbage into
her yard. - She has no control. Get the police in their they say
they have no authority to go in there or control this. Here ' s
people from 2 to 3 o 'clock at night put big flood lights on to
harass you so you can't sleep at night. And is this condition
going to be tolerated at this particular spot?
MR. DOUGLASS : This might have something to do with the parties
that own the thing not being too cooperative, too, you know.
SOUTHOLD TOWN BOARD OF APPEALS -22- September 6, 1979
MR. HUSACK: But this should all be taken into consideration.
MR. DOUGLASS : It is all taken into consideration.
MR. HUSACK: We don 't have no ordinances that pertain to any
of this noise.
MR. DOUGLASS: That' s not my job on the Board of Appeals.
That is the Southold Police Department.
MR. SEPKO: They go in, everything quiets down, the cops go,
and the noise goes. I 've been down there at night--.
MR. HUSACK: What about the fire exits they got. What if a
fire starts?
MR.. DOUGLASS : The Fire Department has no authority, they are
not an enforcement organization. The only enforcement organization
is your police department.
MR. HUSACK: That ' s because we have no fire ordinance, no fire
code.
MR. DOUGLASS : We have a building code which requires certain
conditions for certain types of construction of usage, and that
takes care of the fire code that we have been, I 'm getting off the
.subject, but just to answer your question. I happen to be, until
this year, president of the Fire Districts ' Association of Southold
Town and we have put a fire code in and been pushing for a certain
fire code for several years. And except for misfortunate things
that happened, I will not mention that you know of, that just
happened, it would have been in. The only thing that the fire
code does , the fire code refers back to the building code. The
fire code and the building code that we have are, what' s the
proper word, "brother and sister. " They work back to- each other,
and the building department is the enforcement area on fire code
or building code. But the building code as it stands now covers
all of this stuff. It requires certain standards of construction.
The only thing -the fire code does is see to it that the parties
after it ' s built maintain it, and gives the firemen a chance to
know what is in an area and what they 're up against if they are
called on a fire. It ' s still all enforced .throughthe building code.
MR. HUSACK: If I 'm not mistaken, down at the Sundown Disco
the capacity calls for 40 people. You got as high as 70 and 80
people in there, and they are in there like sardines .
MR. DOUGLASS : Well, yes--
MR. HUSACK: This condition developed down there with him.
I mean, if this thing gets to be a popular place, who gonna en-
force the occupancy capacity of that particular building.
MR. DOUGLASS : That ' s up to your police department.
SOUTHOLD TOWN BOARD OF APPEALS -23- September 6, 1979
MR. HUSACK: In other words it ' s just getting around the bush,
it ' s up to him and if it ain't up to him it' s up to that one.
MR. DOUGLASS : No, your police department isyour enforcement
agency and your police department when you have a complaint like
that is the one to go to.
MR. HUSACK: I think that Southampton and the Hamptons over
there are trying to get rid of their discos and trying to get rid
of their groupers, and the groupers and discos are trying to float
over here. Why should we take the debris that floats over from
the South Side over to the North Fork.
MR. DOUGLASS : I don 't think we need it.
MR. HUSACK: Keep it out of here, we don 't need it. You've
got enough garbage down there.
MR. DOUGLASS : I don 't think we do.
I
MR. HUSACK: All right. Thank you.
MR. DOUGLASS : Is there anybody else? Over her ma 'am.
MARY GORMAN: Mattituck. Now a variance is required with j
several attributes to be approved by this Board, none which are :
they will not contribute to a public nuisance, they will not
decrease property taxes, they provide the service for the general
population. Now in my opinion none of these requirements are
being met. The drug and the drinking problem, the traffic
problem that ' s going to amount because of this. Now you can
grant this variance, when we folks are so much against, it' s
up to the police department to take care of the drugs, the j
drinking and the traffic. That' s ridiculous. Stop the problem
before it begins!
i
MR. DOUGLASS : You 're right but you're also a little ahead ofi
schedule. There are alot of things that he has to answer before
he could even get this if it were granted and also has to go
through other agencies besides us.
MR. TUTHILL: I think, Bob, that one of the things that he ' s
going to have to provide which was to Mrs. Sayre ' s question, is
that we will require a sketch that there is adequate parking.
That ' s one of the musts. In other words there will have to be
a survey with the parking stalls drawn in.
MRS . HERFURTH:My next question would be, when you consider
all of these things, how are we to be notified of this so we
can again determine what' s going on. Will it be published?
MR. DOUGLASS: Well, no, it does not get re-published, but
what we do, when we finish here tonight -- no decision can be
made here tonight, this I can tell you. We just want to hear
what everybody has to say and everybody' s opinion. A decision
cannot be made tonight because there are alot of other things j
i
i
i
SOUTHOLD TOWN BOARD OF APPEALS -24- September 6, 1979
,
that have to be' answered, so ,what we will do, we will recess this
until a. certain meeting, , and you're all sitting here now and "you
will know when that i'a by listening to when we post it right here
tonight for .what 'mee.ting we post it for. It."doeswtt go back to.
be re-published in the 'papers. . If the paper wants to write an
article on it, there ' s newsprint they want to write, why they
can publish it so you' ll see it. Did you want to say something,
sir?
ROBERT BUTTS: I am speaking on .behalf of Mrs. Westerbeck, my
daughter, who is .a property owner in Mattituck. I - understood you
to say that there, are various ,ahings involved in� this you are
discussing, such as traffic violations. I understood you to say
that these were not your responsibility. So therefore before any
variance is made, the department whose responsibilities these
things are "be ng .go-_ ulted?--
MR. DOUGLASS : I said that drugs and alcoholism'. is not our
responsibility, and it is not. We 're not an enforcement agency
on drugs and alcd hol and because "a man has a place of business
is not to, nobody, myself or yourself or any of you -I don't be-
lieve have a right to say that when a man just opens up. a place
of business that he's going to have a place that' s going to 'be
infiltrated with drugs and all that stuff. On what basis can
you establish that, because one place is that way that another
place is that way? I .can't 'agree, I' can't believe that.
MR. BUTTS : May I go back to the problems for traffic that
may be caused, because it' s been agreed that this is a dangerous
intersection. The authority. concerned with that is 'being con-
sulted?
MR. DOUGLASS: The County. It goes to the County. The County
has to give approval before' we could even stop because of its
location' in proximity to an intersection.
MR. BUTTS : That will be done before the--?
MR. DOUGLASS : Yes, sir. It has to be.
MR. BUTTS : Thank you.
MR. DOUGLASS: I will go back now to the applicant. As you
gathered, this has to be .recessed to a further thing because we
have to have alot more stuff, and one of them`:"Applicant must
apply to the Suffolk County Planning Commission for approval.
Suffolk County Planning will require that he bring in map tshow-
ing distances to all other buildings . Map showing parking area
designated for this business as well as parking areas designated
,,for other businesses on that property. Map should be to scale.
.Need to know from applicant what the occupant capacity of the
proposed building is. " We will make a decision as to whether your
. parking requirements meet the requirements of the .numbe.r' of
people using your place. In other. words if you estimate two
people per car, we may estimate that there would be one, or what-
ever, but you should estimate the amount you figure per car and
SOUTHOLD TOWN BOARD OF APPEALS -25- September 6 , 1979
the number of cars according to your proposal. The other thing that
we would want is to ,have you and one of us, probably myself, to
get together with the Chief and the Chairman of the Board of Fire
Commissioners of Mattituck, go out and go over the place with you,
and we want their thoughts on the situation.
MR. PERRICONE: I 've already talked to Chief Coleman about it.
MR. DOUGLASS : Well, there will have to be one of us with you
and go over it with him and the Chairman of the Board of Fire Com-
missioners so that we know where this, of course, the materials
and so on that you use in the place, that ' s all under the building
code anyway. That ' s controlled by the building code and your
accesses and all. It would be advisable, I would say, this is
just something that I am throwing in, that you can' show us in a
reasonable manner of what your noise -. tolerance would be with that
type of building, with what you intend to do on the inside, the
type of materials you intend to use on the inside of it, the noise
tolerance : and stuff would be. So with this stuff in mind, I ' ll
move for a recess of this. If we recess this till our October
meeting, will that give you time to get this stuff together?
MR. PERRICONE: I 've got time.
MR. DOUGLASS : It will be recessed until the 18th of October.
On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that Penelope Kousouros and Stephen J. Perricone,
7470 Sound Avenue, Mattituck, New York, application for a variance
be RECESSED till October 18 , 1979.
Location of property: Sound Avenue, .Mattituck, New York;
bounded on the north by Sound Avenue; east by Sepko; south by
Meglio; west by Meglio.
Vote of the Board: Ayes : Messrs: Douglass, Grigonis and
Tuthill.
PUBLIC HEARING: Appeal No. 2589 . Application of David and
Carmen Olenick, 120 Park Place, Brooklyn, New York, for a variance
to the Zoning Ordinance, Article III, Section 100-32 for permission
to construct a swimming pool in the front-yard area. Location of
property: Corner of South_- Harbor Lane and Private Road, Southold,
New York, bounded on the north by VandenHeuvel; west by Jacobs ;
south by Private Road; west by South Harbor Lane.
The Acting Chairman opened the hearing at 10 :10 P.M. by read-
ing the application for a variance, legal- notice of hearing as
advertised in the official local newspapers, affidavits attesting
to its publication in the official newspapers , Notice of Disappro-
val from the Building Inspector, and letter from the Town Clerk
that notification to adjoining property owners was made to: Mr.
and Mrs . Douglas Jacobs, and the VandenHeuvels. Fee paid: $15e00.
SOUTHOLD TOWN BOARD OF APPEALS -26- September 6 , 1979
MR. DOUGLASS : We have been down to examine this property and
we do have pictures of it. They actually end up with two front,
the situation is they end up with two front yards. They have a
frontyard which is low land, creek land, on South Harbor Road,
and then they have their frontyard on the private road that runs
along the creek off of South Harbor Road. We have pictures of
it. In the back from where the garage and house are, there is
a direct drop-off after about 10 feet behind the house down to
the creek and to environmental-controlled grasses and marshes and
so on. On the South Harbor side, it drops off quite radically
to and down into low land even though it' s considered a corner
lot and naturally would be a front-yard too. But that would not
be in front of the main house. So it appeared to us when we went
out and inspected it, - if they're going to have a swimming pool
they -have no other place to put it other than their front-yard.
This is right down the east of the property between them and
Jacobs is a black-topped driveway and then Jacobs black-topped
driveway. There ' s no land between the house and the side-yard.
This is where they are supposed to put it. They have a unique
hardship here. They have two front-yards and one front-yard is
no good for the pool because of the creek so they have no place
to put it but in the front and apparently it is all right with
them to have it front of their main front door. So I 'm open
for a motion.
After investigation and inspection, the Board finds that
the applicants wish to construct a swimming pool in the front-
yard area fronting Private Road. It is impossible to construct
a swimming pool in the front-yard area fronting South Harbor
Road because it is low land or creek land and also impossible
in the rear-yard because of the dwelling ' s closeness to the
creek. The Board agrees with -the -applicants, reasoning.
The Board finds that strict application, of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of the property and
in the same use district; and the variance will not change the
character of the neighborhood and will observe the spirit of
the Ordinance.
On motion made by.Mr. Grigonis , seconded by Mr. Tuthill , it was
RESOLVED, that David and Carmen Olenick, 120 Park Place,
Brooklyn, New York 11217 , for a variance to the Zoning Ordinance
Article III, ' Section 100-32 for permission to construct a swim-
ming pool in the front-yard area, be GRANTED. Location of
property: Corner of South Harbor Lane and Private Road, Southold,
New York, bounded on the north by VandenHeuvel; east by Jacobs;
south by Private Road; west by South Harbor Lane.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis and
Tuthill.
SOUTHOLD TOWN BOARD .OF APPEALS -27- September 6, 1979'
PUBLIC HEARING: Appeal No. 2590. Application of Celia Vitale,
19 Orchard Drive, Woodbury, New York, (Rudolph H. Bruer, as agent)
for a variance in accordance with -.Town Law, Section :280A for
approval of access. Location 'of property: Main Bayview Road,
Southold, New York, bounded on the north by Norklun and Olsen;
east by Krepp; south by Main Bayview Road_; west. by Gioscia
Michaelis and Doma.
The Acting Chairman opened. the hearing at 10 :20 P.M. by reading
the application for a variance, legal notice of hearing as adver-
tised in the official local newspapers , affidavits attesting to
its publication in the official newspapers, Notice of Disapproval
from the Building Inspector, and letter from, Ithe Town Clerk that
notification to adjoining property owners was made to: ' Mr. and
Mrs. Robert Giosia, Mr. and .Mrs. Gilbert Michaelis, Helen Doma,
Richard E. Norklun, Mr: and Mrs. Jack L. Olsen, Mr. and Mrs.
James C. Krepp. Fee paid: $15 . 00.
MR. DOUGLASS: I believe the applicant has application before
the Planning Board for subdivision approval and it should be
heard by the Planning Board in September hereto. Is there any-
body that would like to speak for this .application?
RUDOLPH BRUER: Main Road, Southold. Mr. 'Chairman, I believe
I have a more updated survey showing the right-of-way going to
the premises and then, at the direction of the Planning Board,
showing over a 150-foot frontage on the subject premises. The e
Planning Board has acted on this .already and has given site-plan
approval of it, a copy of their letter is submitted here, for
your review, and in the last paragraph they say that the right-
of-way should show a 150-foot frontage for Lot #1, which we
have done, and that there will, be no construction required on
the right-of-way. We respectfully request:Ithat the application
be granted .subjeot again to the final division of the property
by the Planning Board.
MR. DOUGLASS: Thank you and thank you for bringing these items.
I will read for everybody the note from the Southold Town Planning
Board:
Dear Mr. , Bruer,
The following action was. taken by the Southold
Town Planning Board at a regular meeting held. August 17 ,
1979 .
RESOLVED to approve the sketch map of the prop-
erty of Celia Vitale located at Bayview, Southold, said .
map dated July 24 , 1979 ..
RESOLVED that the Southold Town Planning Board
declare itself lead agency in regard to the State En-
vironmental Quality Review Act in the matter of the
minor subdivision of property of Celia Vitale.
The_ Board will require an affidavit of ownership
and that the right-of-way show 150-foot frontage for Lot
#1. There will be no construction required on 'th_is 150
feet.
Yours ,truly,
HENRY E. RAYNOR, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD. ,
SOUTHOLD TOWN BOARD OF APPEALS -28- September 6 , 1979
MR. BRUER: They will not be required to bring it up to Town
specs, the gravel and all that at this point. Just that it
conform to the Code of 150-foot road frontage requirement or
at the house line you have to have 150 feet.
MR. DOUGLASS : That 's not their jurisdiction though.
MR. BRUER: I know, but that ' s what they meant. I know that
they might be going beyond--
MR. DOUGLASS: That ' s not their jurisdiction. If we grant
access, you have to comply to our requirements.
MR. BRUER: That ' s correct.
MR. DOUGLASS : That' s a little bit wrong. Before you can
get a Building Permit, you will have to improve it because it' s
all woods up there .
MR. BRUER: Right. We will comply. We 'd have to, the
Building Inspector would probably not allow it because you
need fire exits to it.
MR. DOUGLASS : He won't allow it because it ' ll be in our
stipulation.
MR. BRUER: Right.
MR. DOUGLASS : They don 't have any control over the access.
MR. BRUER: By the way, for the record the division of property
is for one lot to create two lots and not anything more.
MR. DOUGLASS: Yes, and they are both over the 40 , 000.
They are both full size lots.
MR. BRUER: It meets all the requirements except the access.
MR. DOUGLASS : Right. The only thing you have to get is approval
of access and to get back into the. back lots because both of your
lots are over 40, 000 , I think it shows 45 , 000 at least. 45 , 000
plus apiece. So you have 200 feet on the street and you'll have
the same across the front of the other one. 238 on the other
one because it takes in part of the right-of-way. All right,
well I 'll make a motion, first of all, is there anybody who
wishes to speak against this application before I move on?
(THERE WAS NO RESPONSE. )
MR. DOUGLASS : I 'll make a motion that the application for
access from Main Bayview Road in Southold to the back property
as okayed by the Planning Board be granted subject to our regu-
lations of improvement of the access right-of-way, which you
probably have or you can get from the secretary. We require a
minimum of 15 feet. Do you want me to give this to you. Well,
I ' ll give you the total of what it says. Such access road shall
SOUTHOLD TOWN BOARD OF APPEALS -29- September 6, 1979
have a width of not less than 15 feet. Such access road shall be
cleared of all trees, brush and other obstructions to a width of
15 feet. You're giving. 25 so you are well within the, but you
have to have 15 cleared -and' serviced. Such access road shall be
improved in either of the following methods: (a) such access
road shall be surfaced with a, minimum depth of 4" of packed 3/4"
stone blend so as to afford access for emergency vehicles. Such
stone blend may be either applied to the ground surface and
shaped, or the surface may be excavated to permit the application
of packed blend to a depth of 4 inches . That' s one way you can
do it; (,b) the access road shall have topsoil removed to a
depthY,of 8" and then filled with 8 inches of good grade stone
and bank run. The surface shall then be covered with a layer of
2 to 4 inches of 3/4" stone blend, or in the alternative oiled
with a minimum of 4/10ths of a gallon of ' road oil per square yard.
4 . All work required as hereinbefore set forth shall be performed
under the supervision of the Town Engineer and no building permits
or certificates of occupancy shall be issued by the Building In-
spector until the Town Engineer has certified that such access
road has been constructed in accordance with the foregoing require-
ments. 5 . Where the terrain of land over which such access road
is to be traversed is such that drainage problems may occur, the
applicant shall be required to construct such drainage facilities
as may be recommended by the Town Engineer.
MR. BRUER: Mr. Chairman, calling back on the meeting with. the
Planning Board and your remarks as their jurisdiction ,as to get
in to the access, I believe what they were trying to say to me,
and I don 't think they were trying to interfere with your juris-
diction, "was not to say what my client should build here, but you
will notice the right-of-way shown. on the survey covers the whole
length of this property up there and it would be very impractical.
MR. DOUGLASS: This does not have to be even access as far as
we 're concerned (referring to the proposed northerly rearyard area
of Lot #1 and the indication of the access along that border) .
Our access , we consider access to the garage area or--
MR. BRUER: I think that ' s what the reference. w_as to in, that
letter, it was this thing they made us put on' this map--
MR. DOUGLASS: This piece .across here.
MR. BRUER: Right, , we did . not '•have to put it up to specs.
MR. DOUGLASS : It doesn't because it doesn't even have to be
access. This is access :as soon as .yo.0 hit the property and come
into your garage.
MR. BRUER: Just for clarification that' s what that 150 foot
meant.
MR. DOUGLASS : It' s just another way :of wording it.
MR. BIVJER: I know. They didn't word it right. But that' s
. what I think they meant.
SOUTHOLD TOWN BOARD OF APPEALS -30- September 6, 1979
MR.' DOUGLASS: All right. That ' s understood.
MR. BRJUER: Thank you very much.
MR1. DOUGLASS : You can put that in a notation that Mr. Bruer
explained what was meant in the letter from the Planning Board
with that 150 feet that ran across the front of the property and
that we require it just to the property and to the garage facili-
ties on said property.
After investigation and inspection, the Board finds that the
applicant wishes approval of access in the proposed subdivision,
and the property involved has more than the minimum required
square footage for each proposed lot, and the proposed rear lot
does not have frontage on a public or private road and therefore
requires access by right-of-way for which applicant is requesting
for 25 feet in width. It is understood that the applicant also
proposes to remove the existing cottages on the premises.
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 C?rd.inance.
On motion made by Mr. Douglass , seconded by Mr. Grigonis, it was
RESOLVED, that Celia Vitale, 19 Orchard Drive, Woodbury, New
York, be GRANTED a 'variance in accordance with Town Law Section
280A for approval of access. Location of property: Main Bayview
Road, Southold, New York, bounded on the north by Norklun and Olsen;
east by Krepp; south by Main Bayview Road; west by Gioscia, Michaelis
and Doma, with the following CONDITION: (1) That the access road
conform with the requirements of the Southold Town Board of Appeals.
Vote of the Board: Ayes: Messrs . Douglass , Tuthill and Grigonis.
PUBLIC HEARING: Appeal No. 2586 . Application of Richard
Praetorius, 846 Westmoreland Avenue, Syracuse, New York 13210, for
a variance to the Zoning Ordinance, Article III, Section 100-31 and
Bulk Parking Schedule for permission to divide property with insuf-
ficient area and width. Location of property: Westview Drive,
Mattituck, New York, bounded on the north by Eriksen; east by West-
view Drive; south by Dawe; west by Mattituck Creek.
The Acting Chairman opened the hearing at 10: 40 P.M. by reading
the application for a variance, legal notice of hearing as adver-
tised in the official local newspapers, affidavits attesting to its
publication in the official newspapers, Notice of Disapproval from
the Building Inspector, and letter from the Town Clerk that notifi-
cation to adjoining property owners was made to: Mr. and Mrs .
Allen Dawe, E.C. Erickson and wife. Fee paid; $15. 00 .
SOUTHOLD TOWN BOARD OF APPEALS -31- September 6, 1979
MR. DOUGLASS: I have a survey map showing the lot when it was
originally bought with the division line which is the proposed divi-
sion line now down through the center making it two 21,052 and
21, 471 square feet. I also have -a -section of the County -Tax--Map
showing that lot and the surrounding area lots . Is there- anyone
desiring to speak for this application?
ROGER PRAETORIUS: I 'd like to speak for. I brought a copy of
the survey which I believe you have.
MR. DOUGLASS : We have that. Yes.
MR. PRAETORIUS: I haven 't seen this. May I see this? So
there are lots with similar frontage.
MR. DOUGLASS : And the same over here, all along here.
MR. PRAETORIUS : And again all I , one other thing, here is the
original deed for Richard E. Praetorius and wife stating consisting
of two lots when they bought it.
MR. DOUGLASS: Yes. However, as you probably heard me say
tonight that when you buy two lots in an area and you put them
under one single ownership it becomes one lot, not two, and then
it has to be subdivided.
MR. PRAETORIUS: Yes, I just learned that tonight. That' s what
we 're here for tonight, too.
MR. DOUGLASS : We will not be able to subdivide it. The only
thing we can give you is an approval for the insufficient area and
width, and then you have to go to :the Planning Board if we approve
that, and they will subdivide it.
MR. TUTHILL-. . ' Was this a filed map?
MR. DOUGLASS : Yes, this is that Westview Drive on Mattituck
Creek almost across from you.
MR. TUTHILL: I think that was filed.
MR. PRAETORIUS : Ok. That was a lot, lots 18 and 19 that was
subdivided many years , I believe, I don 't know when.
MR. DOUGLASS : It would be in the Town Code under filed sub-
divisions.
(The Acting Chairman and members of the Board research this
in the Code Book. )
MR. DOUGLASS : The only thing that we can do is , I 'll accept
a motion if anybody, there isn 't anybody here to speak against it
so I guess nobody wants to speak against it. We 'll accept a
motion approving t4hat the applicant applies for in the insuffi-
cient area and width of the division of the land with the stipu-
SOUTHOLD TOWN BOARD OF APPEALS -32- September 6, 1979
lation that then you will have to go to the Planning Board for
approval of the division.
MR. PRAETORIUS : Ok, please explain to me why that ' s necessary.
I 'm not familiar with the procedure. I came down from Syracuse,
New York to do this and I was just curious why.
MR. DOUGLASS: We approve conditions that create your piece
of land not meeting the, zoning standards. In other words the
standards today are 150 feet on the road and 40, 000 square feet
for a building lot, but you are proposing a 60+ feet on the road
for each lot and 21, 000+, a half acre instead of an acre. This
is the way you bought it in the subdivision, however, once. it
was bought and put into single and separate ownership it became
one piece of land. So now you are applying to divide that one
piece of land, that original line is no more there. Once they
bought to two pieces and put in into one deed, it' s no more there.
It became one lot. So when you divide a piece of land the party
who divides the piece of land is the Planning Board. We grant
you the right or okay the right to have a smaller than presently
required lot with insufficient frontage or whatever the case
happens to be. But they have to grant you the right to do the
division and so we ' ll, I ' ll accept a motion to approve the insuf-
ficient width and area and insufficient s.treet ..frontage, and then
you go back.
After investigation and inspection, the Board finds that the
applicant wishes approval of insufficient area and width as well
as approval of insufficient road frontage in order to subdivide
this property. The neighboring lots also have road frontage
and area and width less than that required in the zoning ordi-
nance and thereby gives a pattern in the neighborhood.
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hard-
ship created is unique and would not be shared by all properties
alike in the immediate vicinity of the property and in the same
use district; and the variance will not change the character of
the neighborhood and will observe the spirit of the Ordinance.
On motion made by Mr. Tuthill , seconded by Mr. Grigonis , it was
RESOLVED, that Richard Praetorius, 846 Westmoreland Avenue,
Syracuse, New York 13210 , be GRANTED a variance to the Zoning
Ordinance, Article III , Section 100-31 approving the insufficient
area, width and road frontage on the proposed lots with the
following CONDITIONS:
(1) That the applicant obtain approval from the Southold Town
Planning Board for approval of the minor subdivision as proposed.
(2) - That the applicant obtain approval from the Suffolk
County Planning Commission.
Vote of the Board: Ayes : Messrs. Douglass, Grigonis and Tuthill.
SOUTHOLD TOWN BOARD OF APPEALS -33- September 6 , 1979
On motion made by Mr. Tuthill, seconded by Mr. Grigonis, it was
RESOLVED, that the Minutes of the Southold Town Board of Appeals
meeting of August 16, 1979 be accepted.
Vote of the Board: Ayes: Messrs. Douglass , Grigonis and
Tuthill.
On motion made by Mr. Grigonis, seconded by Mr. Tuthill, it
was
RESOLVED, that the next meeting of the Southold Town Board of
Appeals will be held on Thursday, September 27 , 1979 at 7 : 30 P.M.
(D.S.T. ) and hereby set the following times on- that date as the
time of hearing upon the following applications :
7 : 40 P.M. (DST)Upon application of JOAN KEINATH, 380 Deer
Drive, Mattituck, NY, for a variance to the Zoning Ordinance, Article
III, Section 100-31 Bulk and Parking Schedule for permission to con-
struct a dwelling with insufficient frontyard and rearyard setbacks.
Location of property: Soundview Avenue, Mattituck, NY. North by
Robinson, west by Kienath, south by Soundview Avenue; and east by
Krupski.
7 : 50 P .M. (DST) Upon application of the NEW YORK TELEPHONE
COMPANY, 1095 Avenue of the Americas, New York, New York 10036 ,
for a variance to the Zoning Ordinance, Article VII , Section 100-71
for permission to install a 90-foot pole with two radio antennas
in side yard. Location of property: Main Road, Cutchogue, NY.
North by Sterline; east by Imbriano and Boyd; south by Main Road;
west by S & E Rhalty Co.
8 : 05 P.M. (DST)Upon application of the NE0 YORK TELEPHONE
COMPANY, 1095 Avenue of the Americas, New York, New York 10036 ,
for a variance to the Zoning Ordinance, Article VII , Section 100-71
for permission to install a 85-foot pole in side yard. Location
of property; Main Road and Moore ' s Lane, Greenport, New York.
North by Village of Greenport; east by Moore ' s Lane; south by; Main
Road and Kavanagh; west by Zipkas.
8 : 20 P.M. (DST) Upon application of ELIEEN M. LEMBECK, 447
Greene Avenue, Sayville, New York 11782 , for a variance to the
Zoning Ordinance, Article III, Section 100-31 Bulk and Parking
Schedule for permission to .construct a dwelling with insufficient
frontyard and rearyard setbacks. Location of property: Deerfoot
Path, Cutchogue, NY. North by Fitzpatrick; east by Deerfoot Path;
south by Jester; west by Leskody.
8 : 30 P.M. (DST) Upon application of Delmer F. Nuhfer, 600 Cedar
Drive, Southold, New York, for a variance to the Zoning Ordinance
Article III , Section 100-31 Bulk and Parking Schedule for permis-
sion to construct an addition with insufficient sideyard. Location
of property: 600 Cedar Drive, Southold, NY. North by Boggiano and
SOUTHOLD TOWN BOARD OF APPEALS -34- September 6, 1979
8 :40 P .M. (DST) Upon application of PHILIP A. .WENZEL, 39320
Main Road, Peconic, New York, for a variance to the Zoning Ordinance
Article III, Section 100-31 Bulk and Parking Schedule for permission
to subdivide with insufficient area. Location of property: Main
Road, Peconic, NY. North by Main Road; east by Koraleski; south
by Leslie Road; west by Bujnowski.
8 : 55 P.M. (DST) Upon application of SOUTHOLD TOWN REPUBLICAN
COMMITTEE, Sunset Lane, Greenport, New York, for a Special Excep-
tion to the Zoning Ordinance for permission to erect an off-premises
directional sign. Location of property: Main Road, Mattituck, New
York, bounded on the north by Main Road (State Route 25) , east by
Elak, south by New Suffolk Avenue , west by Locust Avenue.
9 : 00 P .M. (DST) Upon application of SOUTHOLD TOWN REPUBLICAN
COMMITTEE, Sunset Lane, Greenport, New York, for a Special Excep-
tion to the Zoning Ordinance for permission to erect an off-premises
directional sign. Location of property: County Road 27 , Mattituck,
New York, bounded on the north by County Road 27 , east by Cooper and
Ashton and Urist, south by Sidor and west by Westphalia Avenue.
9 : 05 P .M. (DST) Upon application of SOUTHOLD TOWN REPUBLICAN
COMMITTEE, Sunset Lane, Greenport, New York, for a Special Excep-
tion to the Zoning Ordinance for permission to erect an off-premises
directional sign. Location of property: Main Road, Mattituck, New
York, North by Main Road (State Road 25) ; west by Walt Whitman
Federal Savings and Loan Association; south by Wilsberg; west by
Wilsberg.
9:10 P.M. (DST) Upon application of SOUTHOLD TOWN REPUBLICAN
COMMITTEE, Sunset Lane, Greenport, New York, for a Special Excep-
tion to the Zoning Ordinance for permission to erect an off-premises
directional sign. Location of property: Main Road, Laurel, New
York. North by Laurel Properties; east by Laurel Properties; south
by Main Road (State Road 25) ; west by School District #11 .
9: 15 P .M. (DST) Upon application of SOUTHOLD TOWN REPUBLICAN
COMMITTEE, Sunset Lane, Greenport, New York, for a Special Excep-
tion to the Zoning Ordinance for permission to erect an off-premises
directional sign. Location of property: Main Road, Southold, NY.
North by Main Road (State Road 25) , east by Beixedon Estates, south
by Beixedon Estates, west by DeLuca.
9 : 20 P .M. (DST) Upon application of SOUTHOLD TOWi4 REPUBLICAN
COMMITTEE, Sunset Lane, Greenport, New York, for a Special Excep-
tion to the Zoning Ordinance for permission to erect an off-premises
directional sign. Location ,of property: North Road (County Road 27) ,
Southold, NY. North by Soundview Avenue, east by Kamps and Caiola,
south by Froede, Droskoski and Wolanski; west by Sawicki.
9 :25 P .M. (DST) Upon application of SOUTHOLD TOWN REPUBLICAN
COMMITTEE, Sunset Lane, Greenport, New York, for a Special Excep-
tion to the Zoning Ordinance for permission to erect an off-premises
directional sign. Location of property: Main Road, East Marion, NY.
North by Main Road; east by Gillette Drive; south by Gagen; west by
Cherepowich.
SOUTHOLD TOWN BOARD OF APPEALS -35- September 6 , 1979
9 : 30 P .M. (DST) Upon application of SOUTHQLD-TOWN .REPUBLICAN
COMMITTEE, Sunset Lane, Greenport, New York, for a Special Excep-
tion to the Zoning Ordinance for permission to erect an off-premises
directional sign. Location of property: Main Road, Greenport, NY.
North by Country-Wide Management Inc. ; east by Main Road; south by
Albertson Lane; west by Corrazzini and Whipple.
9: 35 P.M. (DST)Upon application of SOUTHOLD TOWN REPUBLICAN
COMMITTEE, Sunset Lane, Greenport, New .York, for a Special Excep-
tion to the Zoning Ordinance for permission to erect an off-premises
directional sign. Location of property: County Road 27 , Cutchogue,
New York. North by County Road 27; east by Glover; south by Glover;
west by Funn.
9 :40 P.M. (DST)Upon application of SOUTHOLD TOWN REPUBLICAN
COMMITTEE, Sunset Lane, Greenport, New York, for a Special Excep-
tion to the Zoning Ordinance for permission to erect an off-premises
directional sign. Location of property: North Road, Greenport, NY.
North by Brandi and Raynor; east by Sound Road, south by North Road
(County Road 27) . and Main Road (State Road 25) , west by Raynor.
Vote of the Board: Ayes : Messrs . Douglass, Grigonis and Tut-
hill.
The meeting was adjourned at 11:15 P.M.
Respectfully submitted,
VE _ J'
/ Linda F. Kowalski
Secretary
Acting CM1M1N� d. .APPw1s