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S O UTH O LD, L. I., N... Y.
Telephone SO 5-2660
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairman '
Robert Bergen
Herbert Rosenberg
Charles Gregonis, Jr.
Serge Doyen, Jr.
M I N U T E' S
SOUTHOLD TOWN BOARD OF APPEALS
April 26, 1962
A regular meeting of the Southold Town Board of Appeals was
held 7: 30. P.M. , Thursday, April 26, 1962 at the Town Clerk Office,
Main Road, Southold, New York.
There were present: Messrs. Robert-W. Gillispie,. Jr. , Chairman,
Herbert Rosenberg, Robert Bergen, Charles Grigonis,,.,, Jr. , and Serge
Doyen, . Jr.
PUBLIC HEARING: Appeal No. 449 - 7: 30 P.M. (E.S.T. ) , upon
application of John R. McNulty, 175 Griffing Avenue, Riverhead,
New York, a/c James V. Mulvihill,; 17 Libby Avenue, Pompton Plains,
New Jersey, for a special exception in accordance with the Zoning
Ordinance, Article X, Section 1007, Subsection (e) , for permission
to reconstruct a non-conforming building. Location of property:
Camp Momoweta, southwest side of Laurel Lakes. Mattituck, New Yo-rk.
Fee paid $15. 00.
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing and affidavit attesting
to its publication in the official newspaper.
Southold Town Board of Appeals -2- April 26, 1962
JOHN 'R. McNULTYr,: 175 Griffing Avenue,,. Riverhead, New York spoke
in favor of the application stating that a similar application was
made last year. The operation is covered by a Town Camp Permit and
it has a County Health Department permit. They plan to *demolish two
small old cabins (#3 and #4) sleeping 6 boys in each and erect anew
building sleeping 10 boys. The new building will be 14 ft. by 30 ft. ,
420 sq. ' ft. This building will be at least 15 ft. from #2 cabin and
at -least 15 ft. from #5 cabin.
The Chairman wished clarification of the cabins in question and
he and Mr. McNulty discussed the layout of the camp and type and age
of thecabins and capacity.
THE' CHAIRMAN:. - Is there anyone present who wishes to speak
against this application?
MR. WILLIAM UNKELBACHI:. Laurel Lake..,. Mattituck.. New York stated
that he spoke in opposition to the application both as aprivate
citizen and as a member of the Southold Town Planning Board. He is
an adjoining property owner and he submitted a letter to the Board
which was read and made part of the file. Mr. Unkelbach stated that
his property is located north of the camp and his right-of-way is used
by the camp.
Mr. McNulty objected to entering the letter in the file but the
Chairman wished the letter made part of the file. There was consider-
able discussion relative to the rubbish in the area and Mr.. McNulty
stated that this hearing was not for .the hearing of complaints of that
nature. . As far as vandalism and fire hazard.., by erecting this new
building the fire risk- would be reduced and health of the children
taken care of. They plan to erect two _more buildings next year.
THE' CHAIRNlAN: Is there anyone else present who wishes to speak
for or against this application? ..
(there was no response. )
After investigation and inspection the Board finds that this
application is to replace two cabins each occupied by six boys by
one building with capacity of. 10 boys.
On August 4, 1960 permission was granted by this Board for a
similar replacement by Mr. Mulvihill, and on June -22, 1961 another
application was heard and granted.
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Southold Town Board of Appeals -3- April 26., 1962
There are several children's camps in this Town and all are
non-conforming. At the time the Zoning Ordinance was enacted no
specific provision was made for this type of business and the Town
Board did not intend that an uncontrolled business area be created
especially for the several camps.
The present plan is to continue the non-conforming use with
adequate controls.
The Board further finds that- replacing two small cabins erected
many years ago is to the advantage of everyone especially because the
new modern building will house fewer boys and be a great improvement
and would be in harmony with the general purpose and intent and spirit
of the Zoning Ordinance.
On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was
RESOLVED that James Mulvihill be granted permission to replace
two small cabins by one cabin 14 ft. by 30 ft. as shown on plan
submitted, provided that the new building which replaces cabins
#3 and #4 be no closer than 15 ft. from any cabin and provided further
that- all local ordinances, rules and regulations be. complied with.
Vote of the Board: Ayes:- Mr. Gillispie., Mr. Bergent. Mr.
Rosenberg` Mr. Grigonist and Mr. Doyen. x
PUBLIC HEARING: Appeal No. 450 - 8: 00 P.M. (E.S.T. ) t upon
application of Herbert -Podeyn,. Cedar Beach Drive West, Southold,,
New Yorki for a variance in accordance with the Zoning Ordinance,
Article III, . Section 307,. for permission to reduce easterly side
yard on property located on the south side of Pine Neck Road,
Southold, New York, bounded north by Pine Neck Road, east by Stark,
south by Trautman and Banick, and west by Van Nostrand. Fee paid
$15. 00.
The Chairman opened the hearing by reading application for
a variance, legal notice of hearing and affidavit attesting to
its publication in the official newspaper. Letters of correspondence
to and from New England Homes, Inc. appearing in the file were also
read.
Southold Town Board of Appeals -4- April 26, 1962
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. PAT DELLA CROCE of New England Homes, Inc. , the builder
of the Podeyn house appeared to answer questions of the Board.
WILLIAM WICKHAM, ESQ. , Mat.tituck, New York, spoke in favor of
the application on behalf of Mr. and Mrs. Podeyn and New England
Homes and produced and explained a survey of the property and gave
a history -of the case. Mr. Wickham also presented a photograph of .
the house which he took that day.
The Chairman asked why the house was placed back 46 ft. rather
than 40 ft. as indicated on the application and Mr. Wickham stated
that it was setback with the Stark house to the east for appearances.
Mr. Della Croce stated that the mason made the garage larger
than planned because of the fire place and the error was discovered
when a survey was made for the Southold Savings Bank.
THE' CHAIRMAN: Is there anyone present who wishes to speak
against this application?
MR. HOWARD- SCHWARTING, owner of the third house west of the
Podeyn house, a former New York. building inspector, asked why the
builder did not file an amended plan so that it could be c hecked,
and Mr. Della Croce stated that they were not concerned about the
setback as that lot had plenty of room, or so they thought.
There was a general discussion of the setbacks in the area,
ownership of buildings and procedures.
Mr. Wickham stated that this violation was an error and is not
a detriment to the area. The builder is reputable and has built
several other houses in this Town. '
The Building Inspector was requested to explain his part in
this mattbr. He stated that the builder came into the office relative
to the survey and he double checked and found the house 7019" and put
a violation tag on it. After that the application was filed for a
variance. He also explained the lot lines of the Stark house.
THE CHAIRMAN: Does anyone else wish to speak for or against
this application?
Southold Town Board of Appeals -5- April 26, 1962
(There was no response. )
After investigation and inspection the Board finds that
through an error in measurements the southeast corner of this
building encroached 1 ft. 9 in. on the required side yard.
The Ordinance requires a minimum of 10 ft.: side yard provided
the two side yards total 25 feet.
The lot in question is 100 ft. in width on Pine Neck Road and
approximately 150 ft. in depth. The rear of the lot is approximately
88 ft. in width.
In order to line up the new building with an adjoining structure
although the ordinance allows less front yard than the owner elected,
the building was placed 46 ft. from the front property line. After
the building was practically completed and a survey made on March 26,
1962 for the benefit of a bank and a title guaranty company it was
discovered that the encroachment existed.
The front of the building has 25 ft. 3 in. sideyards. The rear
has 24 ft. No side yard is less than 10 ft. The point of encroach-
ment is 12 ft. 1 in. from the property line.
The abutting property uses its side yard for a paved driveway
to the rear yard and is well over the required open spaces.
Considering all of the circumstances and realizing that this
was an unintentional mistake in measurement and bearing in mind that
when the error was detected the building department was notified at
once by the builder the Board feels that an insistence upon the letter
of the Ordinance would produce an unnecessary hardship now that the
building is completed and considering all the other facts involved
and that no objection was offered by anyone concerned,
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that Herbert and Jean Podeyn be granted a variance to
reduce the side yard setback to 24 ft. at the rear of the building.
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 vininity of this property and in the same use district,
. Southold Town Board of Appeals -6- April 26, 1962
and the variance does observe the spirit of the Ordinance and would
not change the character of the district.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, Mr. Grigonis, - and Mr. Doyen.
Mr. George Minch appeared before the Board to present an appli-
cation for a variance on behalf of Grumman Aircraft Engineering Corp.
On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that the Board of Appeals set 7: 30 P.M. (E.D.S.T. ) ,
Thursday, . May 10, 1962, Town Clerk Office, Main Road, Southold, New
York, as time and place for hearing 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 time limit for
temporary restricted installation and erect a temporary portable
building. Location of property: private road, north side of land
of B. D. Latham Estate, Orient Point, New York.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, 'Mr.
Rosenberg, and Mr. Grigonis and Mr. Doyen.
It was further RESOLVED that legal notice of hearing be
published in the official newspaper on May 3, 1962.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, Mr. Grigonis, and Mr. Doyen.
PUBLIC HEARING: Appeal No. 445 - Upon application of The Holy
Trinity Church, Main .Street, Greenport, 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 on the property of Edwin H.- King, southeast
corner of Route 27A and Chapel Lane, Greenport, New York. No fee-
church.
Southold Town Board of Appeals -7- April 26, 1962
This hearing was scheduled for 8: 00 P.M. * Thursday, April
12, 1962, but was recessed that date so someone could appear to
speak on behalf of the application.
The Chairman opened the hearing by reading application for
a special exceptions legal notice of hearing and affidavit attest-
ing to its publication in the official newspaper.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. SAM COPIN and FATHER TOBIN of the HolyTrinity Church
spoke for the application.
The Chairman asked if the church sign helps and Father Tobin
stated that it serves as identification and such a sign is used
nationally.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response. )
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
be permanently or substantially injured and the spirit of the
Ordinance will be observed, therefore
On motion of Mr. Gillispie* seconded by Mr, Doyens it was
RESOLVED that The Holy Trinity Church of Greenport be granted
permission to erect and maintain a directional sign on the property
of Edwin H. King, southeast corner of Route 27A and Chapel Lane,
Greenport, New York. Size of the sign to be 24 inches by 36 inches
and to be located 10 ft. from the property line on Route 27A and
20 ft. from the property line on Chapel Lane.
This sign is subject to the same regulations and controls
which affect non-conforming signs.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen* Mr.
Rosenberg* Mr. Grigonis, and. Mr. Doyen.
Southold Town Board of- Appeals -8- April 26, 1962
PUBLIC HEARING: Appeal No. 446 .- Upon application of The
.Holy Trinity Church, .Main Street, Greenport, New York, for a
special exception in accordance with the Zoning Ordinance, Article
III, Section 300,: Subsection 11, for permission to erect and main-
tain directional sign on -the property of Frederica C. P. Haneman,
Brecknock Hall, north side Route 25,, Greenportz, New York. No fee
church.
This hearing was scheduled for 8: 10' P.M. ,, Thursday, April
. 12,.. 1962, but was recessed that date so someone could appear to
speak on behalf of the application.
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 letter of permi-B ion
from the property owner.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. SAM COPIN and FATHER TOBIN were present to answer questions
of the Board.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response. )
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
be permanently or substantially injured and the spirit of the
Ordinance will be observed,_ therefore
On motion of Mr. Gillispie, . seconded by Mr. Grigonis, - it'-was
RESOLVED that The Holy Trinity Church of Greenport be granted
permission to erect and maintain a directional sign on the property-
of Frederica C. P. Haneman, Brecknock Hall, north side Route 25,
. Greenport, New York. Size of the .sign to be 24 inches by 36 inches
and to be located approximately 8 ft. from the property line on
Route 25 ' and 1Q ft. from the private farm road.
Southold Town Board of Appeals -9- April 26, 1962
This sign is subject to the same regulations and controls which
affect non-conforming signs.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, Mr. Grigonis, and Mr. Doyen.
PUBLIC HEARING: Appeal No. 447 - Upon application of The Holy
Trinity Church, Main Street, Greenport,, New York, for a special
exception in accordance with the' Zoning Ordinance., Article IV,
Section 408, for permission to erect and maintain directional sign
on -the property of Fleet Lumberr Inc. ,. south side Route 25, Greenport,
New York. No fee - church.
This hearing was scheduled for 8: 20 P.M. , Thursday, April 12,
1962, but was recessed that date so someone could appear to speak
on behalf of the application.
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 letter of permission
from the property owner.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. SAM COpIN and FATHER TOBIN were present to answer questions
of the Board.
THE CHAIRMAN: Is there anyone present who--wishes to speak
against this application?
(There was no response. )
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
be permanently or substantially injured and the spirit of the
Ordinance will be observed, therefore
On motion of Mr. Gillispie,, seconded by Mr. Bergen, it was
Southold Town Board of-Appea-ls -10- April 26, 1962
RESOLVED that The Holy Trinity Church of Greenport' be granted
permission to erect and maintain a directional sign on the property
of' Fleet-Lumber.. Inc. , . south side Route 25, Greenport, New York.
Size of sign- to be '24 inches by 36, inches and to be located approx-
imately 8 ft. from Route 25 and 5 ft. from the westerly property
line..
This sign is subject to the same regulations and controls which
affect non-conforming signs.
Vote of the Board: Ayes: - , Mr. Gillisp:ie... Mr. Bergen.. Mr.
Rosenberg,- Mr. Grigonis, and Mr. Doyen.
On Motion of Mr. Gillispie, seconded by Mr. Rosenberg.. it, was
RESOLVED that the Board of Appeals set 7:45 P.M. (E.-D.S.T. ) ,
Thursday,, May. 10, 1962,, Town Cle3k office, Main Road, Southold, New
York as time and place for hearing upon- application of' New Suffolk
. Shipyard,, Inc. , New 'Suffo.lk Lane..- New Suffolk, New York, - for a
special exception in accordance with the- Zoning Ordinancer, Article
III,, . Section 300, Subsection lla, for permission to erect and maintain
a directional sign on the property of Margaret-W. Roache, corner of
New Suffolk Lane and Suffolk .Avenue.., New Suffolk, New York.
Vote of the Board: Ayes:- Mr. Gillispiee Mr. Bergen, Mr.
Rosenberg,. Mr. Grigonis, and Mr.- Doyen.
On motion of'Mr. Gillispie..: seconded by Mr. Bergen,, it was
RESOLVED that the Board of'Appeals set 8: 00 P.M. (E.D.S.T. ) ,
Thursday, . May 10, 1962, Town Clerk Office, Main Road,. Southold, New
York as time and place for hearing upon application of. vina;"Baker:-,
and George Van Buren, Harbor Inn Hotel, Wickham'Avenue, Mattituck,
New York, for a special exception in accordance with the Zoning
Ordinance,- Article III,. Section 300.. Subsection 11, for permission
'to replace existing directional sign located on. the Harbor Inn
Hotel property, bounded north by Mattituck- Creekz east by Wickham
Avenue,, south. and west by- Mattituck- Creek.
Vote of the Board: Ayes:- Mr. Gillispie.... Mr. Bergen, Mr.
Rosenberg, Mr. Grigonis.. and Mr. Doyen.
. Southold Town Board of Appeals -11- -April 26, 1962
On motion of Mr. Gillispie, seconded by Mr. Grigonis,, it was
RESOLVED that the Board of' Appeals. set 8: 15' P.M. (E.D.S..T. ) ,
Thursday,. May .10, 1962, Town Clerk Office, Main Road,.- Southold, New
York as time and place for hearing upon application of Rodes and Anne
Trautman, P. O. Box 416,- Southold, New York, for recognition of access
in accordance with State of New York Town Law, Section 280A. , Location
of property: private road, west side Bayview Road, . Southold, New York,
bounded north by private road,,., east by Loesges and Epp, south by
Shipule, and west by Sarah Young.
Vote. of the Board: Ayes:- -Mr. Gillispie,. Mr. Bergen, . Mr.
Rosenberg, Mr. Grigonis, and Mr.. Doyen.
On motion of'Mr. Gillispie, seconded by Mr. Doyen, it was
RESOLVED that the Board of Appeals set 8: 30 P.M. (E.D.S.T. ) ,.
Thursday, . May 10, . 1962, Town Clerk Office, Main Road, Southold, New
York as time and place for hearing upon application of Harry
Mitchell, 103 Tottenham Road, Lynbrook, New York, for a variance
in accordance with the Zoning Ordinance,. Article III, . Section 306
and 308, .for permission to reduce front .yard setback on a corner
lot, and rear yard setback. ., Location of property: �jquaview Avenue
and private road. (Stars Road) ,- East Marion, New York, bounded north
by Aquaview Avenue, east by private road '(Stars Road), south by
William Stars, and west by Stamos.
Vote of the Board: Ayes: - Mr. Gillispie, ,Mr.. Bergen, - Mr.
Rosenberg, Mr. Grigonis, and Mr. Doyen.
It was- FURTHER RESOLVED that legal notice of hearing be
published in the official newspaper on May 3, 1962.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, Mr. Grigonis, and Mr. Doyen.
On motion of Mr. Bergen, seconded by Mr. Rosenberg,, it was
RESOLVED that the minutes of the meeting of April 12, 1962
be approved as submitted.
Vote of the Board: Ayes:- Mr. Gillispie,. Mr. Bergen,- Mr.
Rosenberg, Mr. Grigonis, and Mr. Doyen.
Southold Town Board of Appeals -12- April 26, 1962
The next meeting of the Southold Town Board of'Appeals will be
held 7:30 P.M. ,, Thursday,, May 10, . 1962 at the Town Clerk Office, Main
Road, Southold, New York®
Meeting adjourned at 11: 00 P.M.
Chairmanzs Minutes -
Respectfully submitted,
Robert W. Gillispie, Jr. ,.
'— Chairman
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