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S0UTH0LD, L. I., N. Y.
�l Telephone SO 5-2660.
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairman
Robert Bergen
Charles Gregonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
M I N U T 'E S
SOUTHOLD TOWN BOARD OF APPEALS
August 8, 1963
A regular meeting of the Southold Town Board of Appeals was
held 7:30 P.M. , Thursday,, August 8, 1963 at the Town Office,
Main Road, Southold, New York.
There were present: Messrs. Robert W. Gillispie, Jr. ,
Chairman, Robert-Bergen, Charles Grigonis, Jr. , and Fred Hulse, Jr.
Absent: Mr. Serge' Doyen, Jr.
PUBLIC HEARING: appeal No. 590 - 7: 30 P.M. (E.D.S. T. ) ,
upon application of Grumman Aircraft Engineering Corporation,
South Oyster Bay Road, Bethpage, New York, for a variance in
accordance with the Zoning Ordinance,. Article III,. Section 300,
for permission to extend the time limit for a temporary restricted
installation. Location of property: private road, north side of
land of B.D. Latham Estate, Orient' Point, New York. Fee paid
$5. 00.
Southold Town Board of Appeals -2- August 8, 1963
The Chairman opened the hearing by reading application for
a variance, legal notice of hearing, 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?
(There was no response. )
THE CHAIRMAN: A representative of Grumman told us that they
areinvolved in a high priority defense job on plane detection and
it is necessary to extend the time limit further.
Is there anyone present who wishes to speak against this
application?
(There was no response. )
This Appeal No. 590 is for the extension to April 30, 1964
of permission granted by the Board of Appeals previously for the
temporary use of land to maintain a radio telemetering antenna
building and ground equipment used for conducting radio test work
for military aircraft being produced by Grumman for the United
States Government. There is a radio telemetering truck and ground
equipment involved in this operation.
Telemetering is best conducted in an area free from inter-
ference and for this particular project at or near a shore line.
The location of the temporary building and equipment on the further-
most easterly point of land on the northern shore of Long Island
on or about the northerly side of open farm land - approximately
55 acres - is the most advantageous site for the operation. This
is a classified project and directly concerned with national security.
This being a proprietary project and not governmental the
applicant is required to observe the conditions of the Ordinance
involved in this matter.
After investigation and inspection the Board finds an un-
necessary-hardship would exist if the temporary use of the land
for the stated purpose would be denied.
Southold Town Board of' Appeals -3- August 8, 1963
Topographically this property is unique for the project and
will be the only operation of its kind on Long Island.
The Character of the district would not be changed by the
location of this temporary- operation.
On motion of Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED that Grumman Aircraft-Engineering Corporation be
granted permission to extend the time limit of their temporary
operation on the property of B. D. Latham- Estate, Or.ient_,Point,
New York", until April 30, , 1964.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr.
Grigon.is, and Mr. Hulse.
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Board of Appeals set 7:30 P.M. (E.D.S.T. ) ,
Thursday, August 22, 1963, Town Office, Main Road, . Southold, New
York astime and place for hearing upon application of Gene E.
Kleinsmith, Peconic Bay Boulevard,- Laurel,, New York, for a special
exception in accordance with the Zoning Ordinance,. Article III,
Section 306, for permission to erect a dwelling with a reduced fXo nt
yard setback of 6 ft. on a private right-of-way. Location of
property: S 3/4 of lot 4 and N 1/4 of lot 5 onmap of Elizabeth
Mesrobian, on a private .road on' the south side of Peconic Bay
Boulevard, Laurel, New York, bounded north by T. Fleschutz, east
by Brush's. Credc , . south by-E.. G. Best, and west by private road
(Mesrobian Drive. )
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Grigonis, and Mr. Hulse.
On motion of Mr. Bergen, seconded by Mr.. Grigonis, it was
RESOLVED that the Board of Appeals set 7: 50 P.M. (E.D.S. T. ) ,
Thursday, August 22, 1963, Town Office,, Main Road, Southold, New
York as time and place for hearing upon application of William E.
Golder, a/c Southold Pharmacy,. Main Street, Southold, New York,
for a special exception in accordance with the Zoning Ordinance,
Article IV, Section 408,, Subsection (b) 1, for permission to
erect and maintain a wall sign containing in excess of the
Southold Town Board of Appeals -4- August 8, 1963
maximum square footage permitted. - Location of property: north
side -Main Street,. Southold, New York, bounded north by John Bucci,
east by J. Krupski. - Johnson, south by Main Street, and west by
K.. Pylko.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Grigonis, and Mr. .Hulse.
On motion of Mr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED that the Board of Appeals set 8: 00' P.M. (E.D.S.T. ) ,
Thursday, . August 22, 1963, Town Office, Main Road, . Southold,New
York as time and place for hearing upon application of John R. and
Jean Edler, . Cleaves Point- Road, East Marion, New York, for a
variance in accordance with the Zoning Ordinance,, Article III, '
Section 300, Subsection 7, for permission to maintain an accessory
building in the side yard area. . Location of property: Lot No. 4
on map of Marion Manor, . south side Cleaves Point Road, East Marion,
New York, bounded north by Cleaves' Point Road, . east by Martin Meyer,
Lot 3, south by Gardiners Bay; and west by-Peter Blank, Lot 5.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,, Mr.
Grigonis, and Mr. Hulse.
On motion of Mr. Hulse, seconded by. Mr. Gillispie, it was
RESOLVED that the Board of Appeals set 8: 15' P.M. (E.D.S.T. ) ,
Thursday, August 22, 1963, Town Office, Main Road, Southold, New
York, as time and place for hearing upon application of Michael
Razzano,. Sunset Way, . Southold, New York, for a variance in accord-
ance with the Zoning Ordinance, Article IIi,. Section 300,. Subsectirn
7, for permission to erect an accessory building in the front yard
area. , Location of property: south side Sunset Way, Southold, New
York, Lot. No. 164 on map of Cedar' Beach Park, bounded north by
Sunset-Way, east by- Samuel Grimson, Lot 165, south by Cedar Beach
Harbor, and west by- Francis W. Campbell, Lot 163.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Grigonis, .and Mr. Hulse.
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
Southold Town Board of Appeals -5= August 8, 1963
RESOLVED that the Board of Appeals set 8: 30 P.M. (E.D. S.T. ) ,
Thursday, August 22, 1963, Town Office, Main Road, Southold, New
York as time and place for hearing upon application of Yennicotte,
Inc. , Bayview Road, Southold, New York, for a special exception in
accordance with the Zoning Ordinance, Article III, Section 300,
Subsection 11, for permission to erect and maintain a directional
sign for "The Heritage. " Location of sign: on the property of
Antone Surozenski, south side Route 25, Southold, New York, bounded
north by Main Road, east, south and west by Michael Surozenski.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr.
Grigonis, and Mr. Hulse.
On motirn of Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED that the Board of' Appeals set .8:40 P.M. (E.D. S.T. ) ,
Thursday, August 22, 1963, Town Office, Main Road, Southold, New
York as time and place for hearing upon application of Yennicotte,
Inc. , Bayv.iew Road, Southold, New York, for a special exception in
accordance with the Zoning Ordinance, Article III, Section 300,
Subsection 11, for permission to erect and maintain a directional
sign for "The Heritage. " Location of sign: on the property of
Lefferts P. Edson, easterly side of Bayview Road,- Southold, New
York, bounded north by Jacob's Lane, east, south and west by
Bayview Road.,
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr.
Grigonis, and Mr. Hulse.
On motion of Mr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED that the Board of Appeals set 9: 00 P.M. (E.D.S.T. ) ,
Thursday, August 22, 1963, Town Office, Main Road, Southold, New
York as time and place for hearing up.Qn application of Howard K.
Wells, South Drive, Mattituck, New York, for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 300, Sub-
section 7, for permission to erect an�-.accessory building on the
front yard area. Location of property: Lot G on map of Shore
Acres, southeast side of South Drive and Bayview Avenue, Mattituck,
New York, bounded north by Bayview Avenue, south by Mabel H. Duryee,
Lot F, and west by South Drive.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Grigonis, and Mr. Hulse.
Southold Town Board of Appeals -.6- August 8,. 1963
It was further RESOLVED that legal notice of the hearings
be published in the official newspaper The Suffolk Times on. .
Friday, August 16, 1963.
Vote of the Board: Ayes: - Mr.. Gillispie,. Mr. Bergen,. Mr.
Grigonis,. and Mr. Hulse.
PUBLIC HEARING: Appeal No. 591 - -7:45 P.M. (E.D.S..T. ) ,
upon application of A. Reilly &: Sons, Inc. , a/cFRederick A., Reiff,
Mattituck, New York, for a variance in accordance with the Zoning
Ordinance, Article III, . Section 303 '-for permission to erect a
dwelling on a lot with reduced frontage. Location of property:
south side "Westview Drive,. Mattituck, New York, bounded north by
Westview Drive, east' by John F. Burns, south by Mattituck Creek,
and west by Mason. Fee paid $5. 00.
The Chairman opened theYPearing by .reading.,application for ..
a variance, legal notice of hearing, 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. ARNOLD REILLY: I -would like to go along with your findings
as stated in your. letter to me that the side yards be 10 ft.. and
15 ft. . I informed Mr. Reiff to that effect.
THE CHAIRMAN: Excellent. There is no way of getting more
area out of these lots and a variance should be granted but the
side yards must be adhered to.
Is there anyone present who wishes to speak against this
applicat ion?
(There- was no response. )
After investigation and inspection the Board finds that the
applicant purchased a lot 64. 63 ft. in 1958. The reason this
parcel was sold at less than 100 ft. was because the owner, the
Mason Brothers, waritod to leave a 200 ft. even balance.
Southold Town Board of. Appeals -7- August 8, 1963
There are several lots to the east which were originally
divided out as 64 ft. frontage and many other undersized lots
in the area.
The Board finds that strict application of the Ordinance
will 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 this property and in the same
use district; and the variance does observe the spirit of the
Ordinance and will not change the character of the district.
On motion of Mr. Bergen, secondedby Mr. Hulse, it was
RESOLVED that Arnold Reilly and Sons, Inc. , a/c Frederick
A. Reiff be granted permission to erect a dwelling on a lot with
reduced frontage of 64. 63 feet.
It is a condition of the granting of this variance that the
side yards on this lot shall be at least 10 ft. on one side and
15 ft. on the other side.
Location of property: south side 'Westview Drive, Mattituck,
New York*
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Grigonis, and Mr. Hulse.
PUBLIC HEARING: Appeal No. 593 - 8: 00 P.M. (E.D. S.T. ) , upon
application of James Wasson, Peconic Bay Boulevard, 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 into two lots with insufficient
frontage and area. Location of property: (private road) , north
side East Legion Avenue, Mattituck, New York, bounded north by
A. W. Boutcher Estate, east by Charles Weber, south by East Legion
Avenue, and west by Cecelia Klein. Fee paid $5. 00.
The Chairman opened the hearing by reading application for a
variance, legal notice of hearing, affidavit attesting to its
publication in the official newspaper and notice to the applicant.
Southold TownBoard of Appeals -8- August 8, : 1963
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
(There was no response. )
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 owns a parcel of land 120 ft. on East Legion Av.enuez_ a
private road,. in Mattituck..., upon which two single family &e llings
are erected.. In order -to sell one of the dwellingsit is necessary
to divide the property- into, two single lots.... each containing in-
sufficient frontage and .ar,ea.
The Board is agreeable to :the division of the property since
the .houses and lots upon which they are erected have been used
separately for many years. The depth of each lot would be over
220 feet.
The, Board finds that- strict application of the Ordinance will
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 will not change the character of the district.
On motion of Mr. Gillispie.... seconded by Mr. Grigonisr itwas
RESOLVED that James Wasson be granted permission to divide
his property located on the north side of East Legion Avenue.
Mattituckr. New York.., into two single lots with dwellings thereon.
The westerly lot shall be 55 ft. on the front,, 53 ft. on
the rears. 220 ft. in depth on the west and. 230 ft. in depth on the
east.
The easterly lot shall be 65 ft. on the front... 60 ft. on the
rear,. 230 ft. on the west and 250 ft. on the east.
vote of the Board: Ayes:- Mr. Gillispie.., Mr. Bergens. Mr.
Grigonis... and Mr. Hulse.
Southold Town Board -of Appeals -9- Auguste 8,,. 1963
PUBLIC HEARING: Appeal No. 592 - .8: 15' P.M. . (E.:D.S.T. ):� upon
application of Margaret Saltusj 14 Gramercy-Avenue, Yonkers,,' New
York,, for a special exception in accordance with the- Zoning
Ordinance,.- Article III.a.- Section 306t. fa= permission to reduce front
yard setback on a corner lot. Location of property: southeast
side =of Bayview' Drive and Knoll Circle, East- Marionl,. New York.'
pact of -lot 38 on map of- Gardiners Bay Estatesc bounded north by
Bayview"Drive, east, by'Lot 15 - Dorothy-K. Smith, . south by,Lot 37 -
Charles' F.. Atz.r, and west by Knoll .Circle. Fee paid $5. 00.
The' Chairman opened the hearing by reading application for a
special exception . legal notice of hearing,. 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. James Olsen appeared for the applicant. He discussed
the location of the cesspool and. also the layout- of the house. )
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 irregular shaped and undersized lot. The
irregular shape came about when the previous ownerg,. who also owns
an adjoining lot- with a dwelling- thereon,,, found it necessary to
increase the 'size of the lot with the dwelling thereby creating
the irregular shape of the lot under application.
This is a corner lot and because it is undersized it is
necessary' to reduce the front yard setback to 25 feet on the north
and west corners of the house. An adjoining house has a setback
of 23 feet.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted
use ofneighborhood property and adjoining use districts will- not
be permanently or' substantially injured and the spirit of the
Ordinance will be observed.
Southold Town Board of Appeals -10- August 8, . 1963
On motion of Mr. Grigonis,. seconded by Mr. Bergen, it was
RESOLVED that Margaret Saltus be granted permission to reduce
the front yard setback on a corner lot to 25 feet. Location of the
property: southeast side of Bayview Drive and Knoll Circle, East
Marion.., New York.., part of lot 38 on map of Gardiners Bay Estates.
Vote of the Board: Ayes:- Mr. Gillisp dr. Mr. Bergen,.. Mr.
Grigonis, and Mr. Hulse.
At 8: 30 P.M. Approximately 25 property owners in the vicinity
of the' Amfar"Asphalt- Plantat Naugles Drive,, Mattituck,, operating
on the property of Mattituck- Docks, Inc. ... appeared to protest the
continued operation of the plant. Mr. Peter Vignes was spokesman
for the group,. however many others present spoke in opposition.
The°Chairman first explained the operation,:, stating that he
has talked with an individual in the road construction and machinery
business and his observation with respect to the plant is that it
is really very mild compared:' to some others that. are operating.
He stated that it is certainly infinitely cheaper to have this
mixed for the construction of the new road in Mattituck rather
than have it imported a considerable distance. The cos.t..: could
be 25/ higher than before. This is a temporary proposition granted
until October 1, 1963 in a "C" Industrial District which was
established at the inception of' Zoning. The permission for the
asphalt plant was granted by the Board of' Appeals on May 23, 1963.
He stated that asphalt must be laid at a warm temperature and
°
New York State prohibits it being laid at below 58 .
Those protesting the plant said that it is a health menace...
fire hazard, cause of air contamination and pollution, source of
foul odors and noxious fumes, smoke, poisonous dustz ground
vibration and a general nuisance, not to mention driving hazards
due to littering of roads caused by spillage of trap-rock from over-
loaded and speeding trucks. A petition containing 60 names had
been presented to H. Lee Dennison, Suffolk County-Executive, with
copies for' the Board of�Appeals... Supervisor 'Albertson.. and Dr. Leone
of the Suffolk County Health Department.
Southold Town Board of' Appeals -11- August 8,, 1963
Mr. Ferrero, a representative of the plant,. stated that a
washer has been set up improperly and was not washing the smoke
and dust properly and they expected to have it fixed momentarily.
The Chairman stated they would write a letter to Supervisor
Albertson relative to this matter and send copies to County Executive
Dennison and Dr. Leone and in the meantime . there should be a report
from the Health Department on their investigation:-of type matter.
The Chairman also suggested that the group speak to Supervisor
Albertson regarding their objections.
t The recessed hearing on Appeal No. 565 of Edwin H.-King was
further recessed for two weeks upon request- of counsels.
Meeting adjourned at 10: 15' P..M.
Respectfully submitteda
Judith T. Boken,.. Secretary
�VED
Chairm n 6Qard of Appeals