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SOUTHOLD, L. I., N. Y.
Telephone SO 5-2660
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairman
Robert Bergen
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Charles 'Gregonis, Jr.
Serge Doyen, Jr.
Fred Hulse,, Jr.
MINUTE' S
SOUTHOLD TOWN BOARD OF APPEALS
March 28, 1963
A regular- meeting of the Southold Town Board of Appeals
was held 7:30 P.M. , Thursday, March 28, 1963 at- the Town Office,.
Main Road,. Southold, New York.
There were present: Messrs. Robert-W. Gillispie, Jr. ,
Robert Bergen, Charles Grigonis, Jr. , and Fred Hulse, Jr.
Absent: Mr. Serge Doyen, Jr.
PUBLIC BEARING: Appeal No. 550 - 7: 30 P.M. (E.S.T. ) ,
upon application of Joseph Diaz, a/c Nelson Beebe, Wilmarth
Avenue, Greenport, New York, for a special exception- in accord-
ance with the Zoning Ordinance,. Article III, Section 306, for
permim"6n to reduce front yard setback to 25 feet on a corner
lot. Location of 'property: north side'Wilmarth. Avenue and east
side Madison Street, Greenport, New York, bounded north by G.
Smith, east by William Skrezec, south by-Wilmarth Avenue and west
by Madison Street. Fee paid $5. 00.
Southold Town Board of Appeals . -.2- March 28, 1963
- The Chairman opened the hearing by reading application for
a special exceptions legal notice of hearingr . affidavit attesting
to its publication . in the official newspaper and notice to the`
applicant.
.THE.; CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. JOSEPH :DIAZ: -I speak for it. - According. to the ordinance
there would have to be 35 f.t. ..in the front . and that" would make the
rear 7 ft. from the back of: the. house- to the back Line; when you
consider a. 3 ft. walk and. 3: ft, porch there is only a foot for the
lawn. There is also a cellar entrance on that side of the house.
We request- a 25 ft. setback so Mr. Beebe will have a 17 ft. rear
yard.
MR. ' BERGEN: ` Is Madison Street a busy road?
MR_ DIAZ: No, on Madison there are only about 3 or "4 houses
and it is, a short street -and there probably -will not, be many more
houses. . The. setback on Wilmarth Avenue is in line with the house
to the east. This will be, the'"first house on Madison Street on
the east- side.
(The Board discussed thegeneral area.
TBE CHAIRMAN: Is there anyone. else present who wishes to
speak for this application?
'(Mr. Nelson Beebe was also present and indicated he would
answer any-questions the Board might.have. )
THE- CHAIRMAN: Is there anyone present who wishes .to speak
against -this application?.
(There was no response. )
After investigation and .inspection the Board finds that the
applicant has an unusual size lot- which was established prior to
the enactment- of Zoning. The width- of the lot .on' Wilmarth Avenue
is only ,60.84 ft. and it tapers up to 85.74 ft, on .the north. The
proposed location of the dwelling is the most practical and logical
one. To the north of this lot there is a low or swampy area and
it- is ,questionable if this area .will ever be built upon: There are
no other houses on the easterly side of Madison Street at the
present, time.
Southold Town Board of Appeals -3- March 28,,,'. 1963
The Board finds that the -public convenience and we]fare an,&
justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districf's-`will not
be permanently or substantially .injured and the 'spir' t 'of., the
Ordinance will be observed. ,
On motion "of Mr. Gillisp:ie, seconded by Mr. Bergen'. .it was
RESOLVED that Joseph D.iaz,' a/c 'Nelson Beebe be granted
permission to erect a dwelling. on a lot- located on the. northerly
corner . of Wilmarth Avenue and,' the easterly-corner, of Madison
Street. with. a front yard setback on-.Madison Street of 25.�.feet
and -an easterly side , or-rear yard of no more than 17 ft. ; The
front yard setback on Wilmarth• Avenue shall be in line with the
established setback on, Wilmarth. Avenue.
Vote - of. the Board: Ayes:- Mr. Gillispie,. Mr. Bergen, -Mr.
Grigonis, . and Mr. Hulse.
PUBLIC HEARING: Appeal No. 551 - 7:45 P.M. -(E.`S_T. ) ,
upon application of Jennie A. Horton, Main Road,.. Cutchogue, New
York, , for a variance in accordance with the Zoning ordinance,
Article . III, Section, 303 and: Article x, Section 1000A,. for
' permission to set. off. a lot with 75 ft. frontage and reduced
area. Location of -property.. ` .east' side Alvah=s Lane, Cutchogue,
New York, bounded north by Mildred Horton, east by-Louis T.
Verderese, south..by other land of Jennie Horton, and west by
Alvahss _Lane. Fee paid $5.00.
The Chairman opened the- hearing by reading application,
for a variance, legal notice of`hearingr affidavit- attesting
to its publication in the official newspaper and notice to the
applicant.
THE' CHAIRMAN: Is there anyone present who wishes to speak
for this application?
WILLIAM WICKHAM, ESQ. ; I am not going to repeat what has
been said in -the petition. I 'would like to make . one correction.
on the boundaries. The easterly boundary, is setforth by-Mr.
Van Tuyl as Dr.. Louis Verderese and .actually .it is owned by
the prospective purchaser of the Horton property, Mrs. Dorothy
K. Verderese. The property directly across the street and
Southold Town Board of Appeals -4- March 28, 1963
down the Main Road is business. The lot however that we refer
to is residential as is the property to the north of it.
I should point out that we ourselves do not want to m nfine
ourselves to 75 ft. but Mrs. Horton who is 86 years of age will
not sell any more land.
THE CHAIRMAN: Is there any particular reason?
MR. WICKHAM: Because she has some trees and shrubb-ePy .
and she does not want anyone to go any closer to her building.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response. )
MR. WICKHAM: I would like to add that the lots across the
street and .directly to the north are undersized.
(The Board discussed the matter of wells and cesspools for
this new lot. )
THE CHAIRMAN: Are there any other questions?
(There was no response. )
After investigation and inspection the Board finds .that the
proposed division of this parcel creating a 75 ft. lot would not
harm the character of the neighborhood because the lots to the north
of this parcel are undersize._ The Board wishes to point out, how-
ever, that they would not look favorably upon a further subdivision
of the remaining property of Jennie Horton on the corner of Main
Road and Alvah=s Lane.
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 this property and in the same
use district; and the variance does observe the spirit- of the
Ordinance and would not change the character of the district.
On motion of- Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that Jennie A. Horton be granted permission to set
Southold:Town Board of Appeals.. -5- March 28, 1963.
off. a lot 75 .ft. front by. 138'. 52 in. depth on the .north and 137. 54
ft. in depth. on .the south. - . Location of property: east, side
Alvah's Lane, Cutchogue., New York.
Vote 'of the .Board: Ayes Mr. "Gillispie,. Mr. Ber gen, Mr. _
Grigonis; .'and Mr. Hulse.
PUBLIC HEARING: Appeal No. 552 8: 00 P..M. _.'(E.S.T. "upon
'application of `Robert. J. WheeleIr -Boisseau-Avenue Southold,. New
York, for a' special exception in accordance with the Zoning-
ordinance, Article IV, Section 400,. Subsection 9, for permission
to erect a public garage and automobile service station on the
north side. Middle. Road (Route 27A) ,- Southold, ' New York. Property
bounded north by- H. E. Tuthill, east' by Muriel Tait`. south by
Middle Road (Route 27A),. and west- by-David Driscoll. Fee .paid
-$5. 00.
The` Chairman opened the hearing by reading application for .
a. special exception, legal ndi.ce of Bearing,.-affidavit attesting
to its publication in the official newspaper and notice to the
applicant.
THE CHAIRMAN: Is there. anyone present- who wishes to speak
for this application?
MR._ ROBERT J.. WHEELER: I speak for it. ' .There is nothing
. . further. to add. . I have owned "this property since .1957.
THE CHAIRMAN: When do you propose to start constructiai ?
MR. WHEELER: Within a month. I bought the property -in 1957.
with the idea of building a garage/and since I was not. readyto build
right away I let-.Tuthill farm the 'land until I was read.
-THE CHAIRMAN: There was a special exception gran.ted 'to ,
Mr. Teuber .for a gas station next ,to your property but since
then ;the permission has expired.
MR. WHEELER; yes, but now he has given- up the gas station
- business and does not- plan to build.
THE CHAIRMAN: Do you have a gas station now?
Southold Town Board of Appeals -6- March 28, 1963
MR. WHEELER: Yes. I am now renting my station and if I
build I will own it. I now rent from Shell Oil Company.
THE CHAIRMAN: Would you be handling general repairs ?
MR. WHEELER: General repairs, gas and oil.
THE CHAIRMAN: What about wrecked cars? Do you plan to
repair wrecks?
MR. WHEELER: I never have. No body and fender work, -once
in a while I paint a car.
MR. HULSE: We are concerned about wrecks. If wrecks are
brought on the property it could build up as a junk yard or
graveyard as they call it.
THE CHAIRMAN: Do you plan to sell cars?
MR. WHEELER: ' Not as of nowt no.
THE CHAIRMAN: Do you have a wrecker?
MR. WHEELER: Yes.
e se
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
(There was no response. )
(The Chairman read the standards established by the Board
of Pppeals for granting gas station permits. )
(A great deal of emphasis was placed upon wrecked cars being
brought on the property and Mr. Wheeler was advised this would
under no circumstances be permitted. Mr. Wheeler said he would
then have to put wrecks inside if he has any or build a shelter
for them behind the building. )
THE CHAIRMAN: Are there any other questions?
(There was no response. )
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
l
Southold Town Board of Appeals -7- March 28, 1963
MRS. MURIEL TAIT: I am Mr. Wheeler's neighbor on the east.
I have spent quite a lot of money and effort to make my property
an asset to the Town and in addition. I live there. I wish Mr.
Wheeler good luck but what about the appearance of this property.
He will have about 50 feet of empty land on my side of his lot,
what will he do to maintain that? Will he park wrecks there?
That is right next to my terrace and living room and garden.
I don't know what can be done about this but it does concern me
very deeply. The gas station and garden center up at the corner
is very nice and there are no wrecks. When we bought the property
I knew it was a business zone but I did not visualize a commercial
garage there. I am very much concerned about Mr. Wheeler's position
and I don't feel that a gas station as such, nicely maintained,
would detract from my property, but a general utility garage with
a wrecking business would.
THE CHAIRMAN: If this is granted we must prohibit the parking
of wrecks.
MRS. TAIT: How would the back of the property be maintained?
There would be 50 or 60 ft. in back.
MR. WHEELER: It would be grass if anything and we would keep
it mowed.
MRS. TAIT: What type of building will be built?
MR. WHEELER: A concrete block building.
THE CHAIRMAN: Is there anyone else present who wishes to
speak either for- or against this application?
(There was no response. )
After investigation and inspection the Board finds that this
applicant has a right to this special exception for the. use of his
property as a public garage and automobile service station, as all
the coxxditions set forth in the Ordinance have been met. The appli-
cant has owned this property since 1957 with the intention of
eventually erecting a service station there on.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will not
- Southold Town 'Board of,Appeals -8- March 28, 1963
3?e permanently or substantially -injured and the spirit of the
Ordinance will be observed. . _.
On motion.,of Mr.. Gillispie, seconded by Mr. Bergen, ,it was
RESOLVED .that- Robert: J. Wheeler be granted permission to.
erect a public garage and automobile 'service station on his
property on the north side Middle Road ( Route 27A) ,. Southold4,
New York, subject- to the following conditions:
1. No major repair work shall be performed. in the open.
2. _ Pumps,,".lubricating and other devices shall be ,located
at least-. fifteen (15) feet from the line of any street or highway,
right-of-way or •prope rty line.
3. All fuel oil or- similar, substances shall -be .,stored at
least- fifteen (15) feet.,distant from any street- or lot line.
4. No automobiles, or automobile parts, :dismantled or, damaged
vehicles and similar articles.- shall be stored in the open and no
parking of vehicles ' other than those being serviced shall be
Permitted.
5. Signs to be in. accordance"'with Article IV, Section' . 408
, . of the Building Zone Ordinance of the Town . of Southold.
6. - Permission is .granted for one year. in which to apply
for a building permit for,.this project.
Vote of the Board: Ayes:7. Mr." •Gillispie,- Mr. Bergen, Mr.
Grigonis, . and. Mr. Hulse..
PUBLIC DARING: Appeal No. 553 8:30 P.M. . '(E.S.T. ) ,
upon application of Basil D1Emo. , Commissioner, . a/c of the
Cutchogue-New Suffolk" Park. District, Nassau' Point- Road,.`Cutchogue,
New York, for a special exception .in accordance with the Zoning
Ordinance:. Article IIIt Section-306, for permission to reduce
front yard setback on a corner to" 15 ft, on each street. Location
of property: , south side Bay� Avenue and east side Nassau- Point
Road, . Cutchogue, New York, known ,as "Causeway Beach." Fee paid
$5. 00.
z '
Southold Town Board of'Appeals -9- March 28, 1963
The Chairman opened the hearing. by reading application for
a special exception , legal-:notice of hearing, affidavit- atlest=
ing to its .publication. in the official newspaper and notice to
the applicant.
THE CHAIRMAN: Is there .anyone present who wishes to speak
for this application?'
MR.- BASIL W EMO: This. is to be a comfort- station for the
residents of the' Cutchogue-New Suffolk, Park' District. . The set
back..on the "Causeway" side is only temporary. They -will widen
the "Causeway" to the west- and there will be parking for the
people. Actually after the widening the building will be set
back from 75 ft. to 90 it, ,from'the -road.
THE CHAIRMAN.: Is' there 'anyone present who wishes .to , speak
against this application? . .
(There was no, response..) ;
After investigation and inspection the Board finds that -the
• proposed facility for- the residents of the Cutchogue-New Suffolk
. Park District-will -greatly enhance the welfare of the Town of
' ' ' Southold, This proposed setback, at the present time will keep.
the building on high ground above the high water limits. After
the "Causeway" is widened the. setback will be increased to between.
75 ft. and 90, ft. . Adequate safeguards are provided for this
facility by the Board of Health.
The Board finds that the public convenience and weYare and
justice will be servdda and ,the legally established or; permitted
use of neighborhood property,- and adjoining .use districts will not
be permanently or substantially injured and the spirit of the
Ordinance will -be observed.
On motion of Mr. Gillispie, seconded by.-Mr. Hulse it- was
RESOLVED that the, Cutchogue-New Suffolk- Park District- be
granted permission to reduce the .f3v nt yard setback for the
erection of a utility building on the property on the east side
Nassau- Point- Road. and Bay Avenues Cutchogue, to 15 .ft, on. each
street.
vote of the Board: Ayes:- Mr. Gillispt�, Mr. Bergen, -Mr..
Grigonis, and Mr. Hulse.
Southold Town Board of` Appeals -10- March, 28, 1963
On motion of' Mr. Gillispie, seconded by Mr. Grigonis, . it .was
RESOLVED that the minutes of the Board of' Appeals of. March
141963 be approved as submitted.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Grigonis, and Mr. Hulse.
The .next-meeting of the Southold 'Town Board of` Appeals will
'be held 7:30 P.M. (E.S.T. ) ,. Thursday,_ April 11,_ 1963 at the' Town
Office,- Main Road, Soil,
New York.
On motion of Mr. Hulse,. seconded by-Mr. Bergen, it .was
RESOLVED that the Board. of: Appeals set 7:30 .P.M. (E.S.T. ) , April 11,
1963,upon application of Allen .Besch, , Sound Avenue, Mattituck, New
York, , for a variance in accordance with the Zoning' Ordinance',
Article III,, Section 303 and' Article X, Section 1000A, for
permission to divide property a "lot with reduced frontage.
Location: of property: north" side' Sound Avenues Mattituck, New
York, bounded north" by'McHugh, east by other land of Besch, south
by Sound Avenue and west by right-of-way.
vote -of' the Board: . Ayes:- , Mr. Gillispie, . Mr.. Bergen, Mr.
Grigonis, and Mr. Hulse.
On motion of Mr. Grigonis, seconded-by Mr. Gillispie, it was
RESOLVED that the Board of Appeals set 7:45 P.M. (E.S.T. ).,.
Thursday, April ,ll, 1963, Town Office, Main Road, - Southold, New.
York as time and place for hearing• upon ,application of Frank S.
Zaleski, Deep Hole Drive, Mattituck, New York, for a variance in,
accordance with the Zoning Ordinance,-,Article III,. Section 307, &nd
Article X,= 'Section_ 1000A for Ipermission to divide property into a .
lot with an existing dwelling with insufficient side yard. Location
of property: east side"Deep Hole Drive,. Mattituck, New 'York,
bounded north by- other land of _F... Zaleski, east,by M. Suter, south
by other land,of .F.- Zaleski,. and west .by Deep Hole Drive. .
Vote of the Board: Ayes: Mr. Gillispie.-Mr. Bergen, Mr.
Grigonis,. and Mr. Hulse
It was- Further' RESOLVED that legal notice of hearings be
published in the official. newspaper on. April 5, .1963.
L
Southold Town Board of Appeals -11- March 28, 1963
Vote of the Board: Ayes: Mr. Gillispie,- Mr. Bergen, . Mr.
-Grigonis, and Mr. Hulse.
The Chairman advised that'he had been contacted by Mr.. Kenneth
Tabor to determine if it- would be necessary to obtain a special
exception-, to enlarge an existing- old structure- of a non-conforming
labor camp by 6 ft. in length increasing it to approximately,l2 ft.
in order to comply-with Board of Health rulings with regard to the
cubic feet .of .area required for each worker. The Chairman advised
Mr' Tabor that it would not be necessary, however he would have to
obtain .a building. permit. for the enlargement. (The remainder of
the. Board of Appeals concurred-with this decision. )
The Board of' Appeals received a letter 'from the Federation of
Official Planning Organizations advising that their opinion in
regard to the proposed amendment on the matter of the prohibition
- of storage of travel trailers has now been- changed to% read Approved.
Prior to this the' Board ,had written the Federation questioning their
decision - to disapprove of this proposed amendment.
A letter was received from`Antone F... Skwara, Jr. ,- Co-Chairman
of the Fund Raising Committee for the Protection Engine: Company of
the Southold Fire Department ,requesting permission to put ,jap posters
in Southold Town advertising a Block Party from June 27, 28, 29
and July 3, 4,, 5t and 6,_ 1963. They would like to put up the
posters on June 3, 1963.
On motion of_Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED that the. Board of Appeals grants permission to the
Protection Engine Company of the Southold Fire .Department,. Anttone
F. Skwara.,. Jr. ,- Co-Chairman, .Fund Raising, to place posters in
Southold Town advertis ng� a Block Party from June, 27, 28, .29 and July
3, 4, 5, and 6, 1963. -These ,posters will be erected on June 3,
1963. It . is specifically pointed out that these posters must be
removed promptly after the 6th of July.
It .is specifically forbidden to place these posters on utility
poles or on private property-without- permission,
e of the o rd: Ayes: - Mr. Gillispie,.. Mr. Bergen, M.
r ' d.Mr. u s ,
A ou e at 10: 00 P.M.'
0 Respectfully submitted, .
Judith T. Boken, Secretary