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HomeMy WebLinkAboutZBA-07/22/1976 APPEAL BOARD MEMBEES Robert W. Gillispie, 3r., Chairman Robert Bergen Charles Grigonis, .Jr. Serge Doyen, Jr. Fred Hulse0 .Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 Telephone 765-£660 M-I'N U T E S So'utP~old Town Board of' Appeals July 22., 1976 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P;M. (E.D~S.T.),~.Thursday, July 22, 1976, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chai~n; Robert Bergen; Fred Hulse, Jr.~; Serge Doyen, Jr.. Also present: Peter Campbell, Suffolk Weekly Times; Sherley Katz, Long Island Traveler-Mattituck Watchman. PUBLIC R~ARING: Appeal No. 2166 - 7:30 P.M. (E.D.S.T.) upon application of Rita Schmitd and Doris Schimatz (Samuel Glickman, Attorney), Rabbit Lane, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to erect accessory building in front yard area. Location of property: east side Bay Avenue, East Marion, New York, bounded on the north by J. Schimatz & wife; east by Marion Lake, south by R. Ruggiero and another; west by Bay Avenue. Fee paid $15.00. The Chairman opened the hearing by reading ths application for a variance, legal notice of hearing, affidavits a~esting to its~publica~ion in the official newspapers, and n°tiee~t0 the applicant. The Chairman als0 read statement from the Town Clerk that notification by certified mail had been made to: M . Victor Novak; Mr. and Mrs. Edward Braun; Mr. Ruggiero. THE CHAIRMAN: The photostat of the Count~ tax map ~n- dicates that the applicant owns 4 lots on Bay Avenue, 3 of 50' and one of 75' Does anyone present wish to speak for this application? Southold Town Board of Appeals -2- July 22, ~976 SAMUEL J. GLICKMAN: W~ would readily build the two-car garage in the rear of the property, but the slope down to East Marion Lake is to such an extent that it is an impos- sibility to assume there's enough land there to build anything on. That's why the variance is requested. THE CHAIRMAN: That's the same reason the pool war placed in the side yard. SAMUEL J. GLICKMAN: That's correct. THE CHAIRMAN: Is it correct that this is going to be placed partly in the front yard? SAMUEL J. GLICKMAN: Mostly in the side yard. The garage will run lengthwise instead of running back to the depth. It will not be very much in front of the house at all. THE CHAIRMAN: There's a blacktop parking area there now, right? SAMUEL J. GLICKMAN: Yes, the blacktop area will lead into the garage. THE CHAIRMAN: That means the applicant will back ou~ onto his own proPerty. SAMUEL J. GLICKMAN: That's correct. THE CHAIRMAN: They told us when we were there that they don't plan any further construction ~n the lot. It looks as though part of this garage is to be accommodated on the third lot. SAMUEL J. GLICKMAN: Yes, it is, on the third lot. They're all wooded, and there will be no further construction on the remaining 50' of the adjoining lot. THE CHAIRMAN: That's pretty unsuitable for building, any- way, it's low down there. SAMUEL J. GLICKMAN: Yes, ±5 is, they can't build in the back. THE CHAIRMAN: They could hardly build on the 75' lot without doing a lot of filling. Is there anyone else who wishes to speak for thi~.application? (There was no response.) Southold Town Board of Appeals July 22, 1976 Anyone present wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to erect an accessory building in front yard area, east side Bay Avenue, East Marion, New York. The findings of the Board are tkat the applicant does have a very real hardship in that almost the total rear yard area of the applicant's four lots is very low, and in fact, the lots run out into Marion Lake. 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 this property and in the s~me use district; and the variance will not change the character of ~he neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED, Rita Schmitd and Doris Schimatz, Rabbit Lane, East Marion, New York be GRANTED permission to construct an accessory building in front yard area, east side Bay Avenue, East Marion, New York, as applied for, subject to the following condition: The garage shall be contained in the legal side-yard, no closer than 31' to Bay Avenue. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Doyen. PUBLIC.HEARING: Appeal NO. 2164 - 7:40 P.M. (E.D.S.T.) upon application of James N. and Rosemary Tren~ala~ge, Landing Road, NassaulPoint, Cutchogue, New York, for a Variance in aCc6~rdance With the Zoning Ordinance, A~ticle III, section 100~30 and BUlk Schedule for permission to build addition in rear yard with insufficient area. Location of property: west part of Lot ~273, Nassau Point Properties, Landing Road, Cutchogue, New York. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affida~i~ attesting to its publication in the official newspapers~ and notice to the applicant. The Chairman also read statement from the Town Clerk ~hat notification by certified mail had been made to: Mr. John J. Tobin; Mr. Frank Bullock; Mr. John J. Slattery. Southold Town Board of Appeals -4- July 22, 1976 THE CHAIRMAN: Is there anyone presen~ who wishes to speak for this application? (There was no response.) 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 requests permission to build addition in rear yard with insufficient area, Landing Road, Cutchogue, New York. The findings of the Board are that the applicant's lot is narrow and unable to meet the normal Bulk Schedule requirements. 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 this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED, James N. and Rosemary Trentalange, Landing Road, Nassau Point, Cutchogue, New York be GRANTED permission to build addition in rear yard with insufficient area, west part of Lot ~273, Nassau Point Properties, Landing Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Doyen. Mr. Fred Hulse, Jr. arrived at 7:50 P.M. (E.D.S.T.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated July 1, 1976, subject to minor correction. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doyen. Southold Town Board of Appeals -5- July 22, 1976 On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated July 9, 1976. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2165 7:50 P.M. (E.D.S.T.) upon application of Janet Buschman, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoninq Ordinance, Article III, Section 100-32 for permission to constr~ct an accessory building in front yard area. Location of property: east side Nassau Point Road, Lot ~77, Map of Nassau Point Prop- erties, Nassau Point Road, Cutchogue, New York. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notic~ of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Miltor Greenstein. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? CRAIG BUSCHMAN: Yes, I would. We would like to build a paddle tennis court. ROBERT BERGEN: Is it going to be enclosed? CRAIG BUSCHMAN: Enclosed? In what sense? ROBERT BERGEN: Covered over at all? CRAIG BUSCHMAN: No. It will have a fence, and is raised a little off the ground. ROBERT BERGEN: I see. I thought maybe you were speaking of putting up a building for it. THE CHAIRMAN: It's a paddle court with a board floor? CRAIG BUSCPXMAN: Yes. THE CHAIRMAN: How high will the backstops be? CRAIG BUSCHMAN: 12' Southold Town Board of Appeals -6- July 22, 1976 CRAIG BUSCHMAN: It's really a great game - a lot of fun. THE CHAIRMAN: Is there anyone else who would like to speak for %his application? (There was no response.) Do you know which lot it will be build on? CRAIG BUSCHMAN: I've got a map here which show~ it. (Mr. Buschman and the Board referred to the diagram.) THE CHAIRMAN: The proposed paddle tennis court, on this sketch, appears to be a distance of 65', plus or minus, from Nassau Point Road. It is screened from Nassau Point Road by a wooded area. The deck of the proposed court is 31' x 61', surrounded by a 12' fence. How high is the net? Is it higher than a tennis net? CRAIG BUSCHMAN: No, I believe it's shorter - 1-]/2 tennis rackets. I might also add that the area used to be a private parking lot. THE CHAIRMAN: Is there anyone who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct accessory building in front yard area, east side Nassau Point Road, Cutchogue, New York. The findings of the Board are that the applicant's rear yard is severly restricted by t~e lots to the east. 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 s~ared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Doyen, seconded by Mr. Bergen, it was Southold Town Board of Appeals -7- July 22, 1976 RESOLVED, Janet Buschman, Nassau Point Road, Cutchogue, New York be GRANTED permission to construct accessory building in front yard area, Lot 977, Map of Nassau Point Properties, Nassau Point Road, Cutchogue, New York, as applied for, subject to the following condition: The paddle tennis court shall be no closer than 60' from Nassau Point Road, no closer than 20' from the southerly side yard, and no closer than 15' from the northerly side yard. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2161 - 8:00 P.M. (E.D.S.T.) upon application of Howard H. Zehner, Younq's Boatyard & Marina, Sage Boulevard, Greenport, New York for a ~pecial exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (6) & Article III, Section 100-35 for permission to organize a Membership Club. Location of property: Saqe Boulevard, Greenport, New York, bounded on north by Sage Boulevard; east by .Land of Sage; south by Peconic Bay; west by Boat Basin & Kill±an. Fee paid - $15.-00. The Chairman opened the hearing'by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also ~read letter from the Town Clerk stating that notification by certified mail has beon made to: William F. Kilian; Vera Y. Sage. The application was amended, by Mr. Zehner to read "25' x 300' parking area" instead of "25' x 259'" as was originally written. ROBERT BERGEN: How many members do you plan to have? HOWARD ZEHNER: We're not sure yet. (Mr. Zehner then discussed with the Board the facilities of a membership club on Shelter Island.} The Board of Health specifies the number of toilets necessary based upon the number of male and female bathers; they also specify the shower requirements based on these numbers. Southold Town Board of Appeals -8- July 22, 1976 THE CHAIRMAN: There is a letter in the file dated June 26, 1976, to the Southold Town Planning Board from Mr. Zehner. (The Chairman read the letter.) Has the Planning Board considered this? HOWARD ZEHNER: Yes, it's been approved. THE CHAIRMAN: Is it your position that you wouldn't have needed a special exception from the Board of Appeals? HOWARD ZEHNER: No, in the original meeting that you quoted there, with Muriel Brush and Ed Hindermann, we had a lot of trouble determining what was required, if anything, for me to open a membership club. We went through the Zoning book, and spent a lot of~time trying to determine how I should apply for it, and what a speciaI exception is for. (The Chairman explained the purpose of special exceptions.) Mr. Chairman, I'd like to ask one question - when you read the application, you mentioned some objection to the height of the fence around the tennis court. The fence is 12' high. ROBERT BERGEN: That's the disapproval from the Building Inspector. THE CHAIRMAN: They had to give'you something to appeal from. Membership organizations have to be approved by a special exception. (Mr. Zehner and the Board then discussed the Zoning ~Ordinance.) THE CHAIRMAN: The basic rule on parking is that you need ~ecsp~ce for. every two members, or lockers, whichever is greater. Are you going to have lockers? HOWARD ZEHNER: No, we don't plan to. There will be two changing rooms within the main building. THE CHAIRMAN: How many members do you envision? As many as you can get? HOWARD ZEHNER: No, not really. I would guess that I might have 100 members. This would be about 25 families. might be more. It Southold Town Board of Appeals -9- July 22, 1976 ROBERT BERGEN: How many boat slips do you have? HOWARD ZEHNER: 93, but there's no crossover between the boaters and the club. The boaters will not be allowed to use the facilities. There will be a seperate entrance for the members. The boaters may join the club if they wish, but otherwise there's no relationship between the two. I halve to set it up this way financially. For instance, I'm not renting the tennis courts by the hour. It is going to be a selected membership club. (The Board and Mr. Zehner then discussed the con- structural aspects of the tennis courts as well as "Artificial Ice", a covering which can be put over tennis courts to make them suitable for skating, dancing, etc.) THE CHAIRMAN: What are you going to charge for this? HOWARD ZEHNER: I've been having a little trouble with that. It's going to be a combined club (both pool and tennis courts). Sterling Harbor charges $160.00 for a family of four to use their pool, plus $25.~0 for each additional member of the family. That's just for the pool. The membership tennis clubs are charging $175.00 for one member for the season, $300.00~if the wife joins. THE CHAIRMAN: How many months will you be open? HOW ~A~D ZEHNER: May 1st through October 31st. I might add lights at a later time so that people could use the facilities until, say, 11~00 P.M. THE CHAIRMAN: Well, I don~t think the Board is so much interested in what other clubs charge as we are in what you are going to charge. Have you determined that yet? HOWARD ZEHNER: $250~00 as of this month for the season for an individual; for two individuals in the family, $350.00; for each other individual in the family over 12 years old, $50,00; for each other individual.in.the family under 12 years old who does not Play tennis, $25.00, fOr each individual under 12 who d-~s play tennis, it's $50.00. THE CHAIRMAN: And how high is the backstop on the tennis courts? HOWARD ZEHNER: 12' high. (Mr. Zehner again disCussed the structure of the courts.) Southold Town Board of Appeals July 22, 1976 THE CHAIRMAN: And what is your original goil, about 100 members? HOWARD ZEHNER: Yes, which is perhaps 25 families. I'm really not sure of that yet. THE CHAIRMAN: I'm trying to relate what you're saying to what the Ordinance says. (The Chairman read the Ordinance on membership clubs.) The parking requirements, as I said before, are one space for ev.ery two members, or lockers, whichever is greater. I think~hat we should be concerned with here is the parking. The parking area is 25' x 300' HOWARD ZEHNER: I have additional parking shown on the drawing. We have all kinds of room for parking. THE CHAIRMAN: Yes, I see that. It's just a question of how much of that can be improved to be made dust-free. I know there's a tremendous amount of dust in that area now. HOWARD ZEHNER: Well, I have sand and gravel going into my property now, which is as much as I can afford. THE CHAZRMAN: The sketch indicates that these two courts which you're presently building are toward to southerly end of the lot which you have set off in red (on map). There is a heavily wooded barrier on the northern side, and the 25' x 300! ~parking area is on the easterly side of the tennis courts. Where will the people enter? HOWARD ZEHNER: There will be a seperate drive off Sage Boulevard here (indicating on map.) THE CHAIRMAN: Getting back to tee rights you mentioned - what rights do the marina membership m~mbers have? ~E~ARDiqZEMNEE:~They have membership rights just in the marina. THE CHAIRMAN: Then they would have to join the club seperately. HOWARD ZEHNER: Yes, there would be a seperate.application. They would have to sign it, pay the money, and follow the rules. THE CHAIRMAN: When do you expect to get into operation? Southold Town Board of Appeals July 22, 1976 HOWARD ZEHNER: We will be operating, with your help, on August 1st, next Sunday, the Sunday after this. THE CHAIR~_AN: Our chief concern here is the parking. It's zoned "light industrial and you certainly have plenty of area here to operate the facilities. Does anyone else wish to speak for this application? HOWARD ZEHNER: Mr. Chairman, if I may, I would just like to bring you up to.~date on what's been happenings- I have the Board of Health approval on the plumbing. Bob Jewell, who~s the top man in Suffolk County in the Health Department, came yesterday and gave approval on everything they saw up to that point. I have approval from the electrical inspector on the grounding of all metal devices around the pool. I really only have one more check from the Board of Health before I can go into operation. Also, the Planning Board made three suggestions which I certainly go along with. First, we're going to make a turn-around at the end of the parking lot so people don't have to back out of this right angle parking area. Next, they suggested two security lights. Thirdly, they suggested clearing the area near Sage Boulevard so you can see 75' on either side when you're approximately 30' from Sage Boulevard. THE CHAIRMAN: The site plan has been approved, right? HOWARD ZEHNER: Yes. There's a building involved which I have a d~awlng of here. Ed Hindermann checked the plumbing for it already. I call it a pro shop and bath house, which is located near the shallow end of ~he pool. People must walk through this building to enter the pool. There's also a building going up for which I'm applying for a building permit. THE CHAIRMAN: You've got~a horse corral here now, on this 2.1 acre tract. Is the whole area going to be enclosed ~ith fencing? HOWARD ZEHNER: I hope I don't have to enclosed the 'whole thing. THE CHAIRMAN: Are there any other questions? (There was no response.) Southold Town Board of Appeals -12- July 22, 1976 After investigation and inspection the Board finds that the applicant requests permission to organize a membership club, Young's Boatyard and Marina, Sage Boulevard, Greenport, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. 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 dis- tricts will not be permanently or substantially inured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Howard H. Zehner, Young's Boatyard and Marina, Sage Boulevard, Greenport, New York be GRANTED permission to organize a membership club as applied for, subject to the following condition: The Board will review the applicant's operation by August 1, 1977, to insure that the parking facilities are adequate. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doylen. PUBLIC HEARING: Appeal No. 2160 - 8:30 P.M. (E.D.S.T.) upon application of Rev. Brian S. Kopke for the Board Of Trustees, First Universalist Church, Main Road, Southold~ New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C (7) for permission to hold a Flea Market. Location of property: First Univer- salist Church, Main Road, Southold, New York, bounded on north by Main Road; east by Charnews; south by W. Quirk, west~-by Main Road. The Chairman opened the hearing by reading the application for a special ~ption, legal notice of hearing, aff±davits attesting to its )ub!ication in the official newspapers, and notice to the iicant. The Chairman also read letter.from the Town Clerk esting to notification by certified mail to: William Quirk; John Charnews; Southold Schools. THE CHAIRMAN: Is there anyone present who wishes to speak for this appliCation? CHARLES MEYER: I am a trustee of the First Universalist Church Of Southold. The reason for that disapproval states Southold Town Board of Appeals -13- July 22, 1976 that the property is not under the ownership of the church. That is not so. Anything that iS used in this so-called Flea Market has been donated to the church for charitable purposes, is sold and all proceeds go to the Church. This is not a deal where the Church is selling things on commission. It is a once-a-year affair to try and have some sort of backstop against a thing called "inflation." We've done it for the past four years and have had no difficulty whatsoever. Frankly, we do not understand this sudden disapproval, or this business of the property not belonging to the Church, because the property has always belonged to the Church. It is all donated. THE CHAIRMAN: The disapproval that I read indicated the following: "Disapproved on the following grounds: Outdoor sale of merchandise not permitted by vendors other than personal property of owner via yard sale permit." CHARLES MEYER: This is the personal property of the owner, it has been donated to the owner, and meets the technical requirements of a yard sale. Therefore, I think that disapproval does not apply. ROBERT BERGEN: Where did the idea that it's a flea market come from? ~HEREE~i~MR: Somebody sent the word down for some strange reason that I don't quite understand, because everything there has been donated. They are also planning to have that North Fork Quilt Display then. All it is is one big yard sale. It all goes for charikable purposes. ROBERT BERGEN: There is no renting of spaces? CHARLES MEYER: None whatsoever. There's no one coming in from out of town, no commission selling or anything of that nature. I think there's a misunderstanding here. THE CHAIRMAN: And in the past four years that you've conducted these affairs, you've just come in and gotten a per- mit? CHARLES MEYER: Yes. There's never been the slightest difficulty until now. THE CHAIRMAN: I don't know myself why we have the appli- cation. Tbs Building Inspector, when he showed us the premises, said the application was for a flea market, which is altogether different. Southold Town Board of Appeals -14- July 22, 1976 How long does this sale last? CHARLES MEYER: Four or five hours. It's a 10:00 to 4:00 sort of thing. THE CHAIRMAN: You don't lease parking space to, say, a guy who came up from Florida with a truckload of things to sell. CHARLES MEYER: No. We sell only things that have been donated to the Church. HOLLAND CAMPBELL: Just out of curiosity, h~w much of a problem would it be if we allowed eight or ten people to come in and sell their own things on a commission basis? THE CHAIRMAN: It would be no problem if the Town changed the Ordinance. The way the Ordinance reads now, that type of operation is not permitted outdoors. (The Chairman then explained the Ordinance.) CHARLES MEYER: Well, in any case, we are holding a yard sale, not a flea market. You're putting us on th~ horns of a dilemma because, among other people, we have the New York Times ~reatly interested in the quilt display we're planning to make on this date, and we can't fiddle around and suddenly not have this yard sale with our North Fork Quilt Display without getting ourselves in one heck of a mess. Basically, it's a yard sale - can't we just change this to a yard sale right now? THE CHAIRMAN: Well, you don't need a special exception for a yard sale. We can write a letter to the Building Inspector and suggest that he issue a permit for a yard sale. Does anyone wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the apPlicant re.q~ests permisslio~ to hold a yard sale, not a flea market, at.the~First Uniwersalist Church, Main Road, Southo!~, New-Y6rk. The findings of the Boar~. are that, since it is a yard sale, the applicant need only obtain a permit from the Building Inspector. The Board finds that the public convenience and. welfare and justice will not be served and the legally established or permitted use· of nei~hborhood~property and adjoining use Southold Town Board of Appeals -15- July 22, 1976 districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED, Rev. Brian Kopke, First Universalist Church, Main Road, Southold, New York be DENIED permission to hold a flea market on this property as applied for. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Doyen. The secretary was instructed to write Howard Terry, Building Inspector, informing him that Appeal No. 2160 is in error, and that the application is for a yard sale, not a flea market. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Appeal No. 1792, rehearing upon application of James W. Newell, Main Road, Mattituck, New York, for a special exception 'to operate an automobile repair shop on the Main Road; Mattituck, be POSTPONED until the next meeting of the Board. Vote of the Board: Ayes: Hulse, Doyen. Messrs: Gillispie, Bergen, P~BLIC HEARING: Appeal No. 2163 - 8:45 P.M. (E~2D.S.T.) upon app!~cati~n o~ Harold J. and Ruth F. Ash, Woo~ane, Greenport, New Yo~k for a variance in accordance wi~h the Zoning Ordinance, Article III, Sec~i0n 100-30 and Bulk Schedule for permission to divide premises with dwelling into two lots. Location of property: west side Wood Lane, Greenport, New York, bounded on north by J. Getches; east by Wood Lane; south by W. Hickson; west by Sterling Homes Subdivision. Fee paid - $15.00 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the appli- cnat. The Chairman also read letter from the Town'Clerk indicating that notification by certified mail had been made to: Mr. Joseph Getches; Mr. William A HickSon; Mr. John Costakos; Mr. Alfred. D. Timmins. ~' Southold Town Board of Appeals -16- July 22, 1976 THE CHAIRMAN: This application is accompamied by a survey by Van Tuyl indicating that the applicant owns 130' on Wood Lane, of which 80' would be retained under this sketch. Is there anyone present who wishes to speak for this appli- cation? RUDOLPH BRUER: The application fairly well speaks~for itself. It is my understanding that north of the premises there is a lot of approximately the same size that has a dwelling being built on it. There are other lots in the area~of approx- imately that size. Also, as you can see on the survey, the premises were pretty much divided into what the request is for. I have here two old tax bills showing that in prior years, 1970 and 1971, each lot was taxed as a seperate tax entity, although they are listed under the same owner. The survey shows that the two were seperate parcels. I think maybe the over-all map might also show it. THE CHAIRMAN: Do you have public water there? RUDOLPH BRUER: I would think so. (Mr. Bruer and the Board then discussed the location of the property and the size of the adjoining lots in the neighborhood.) THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) ROBERT BERGEN: How close is the present house going to be to the dividing line? RUDOLPH BRUER: I would assume that the dividing line would be a direct line of 50'. The survey shows .... THE CHAIRMAN: If this survey is correct, it looks like about 15' (r~ferrfng to map). You have a limitation on the amount of lot area ... it's a small lot. I think probably the Board shOuld State that the house should have a 10' side yard between the house and the southerly line. The proposed lot, that is, and the proposed house. RUDOLPH BRUER: Well, what about these other lots in the area, what do they have? ROBERT BERGEN: They've been there for a while, we can't put restrictions on them. Southold Town Board Of Appeals -17- July 22, 1976 THE CHAIRMAN: I assume that the house going up next door - you see, the Building Inspector has the authority, without the Board of Appeals, to reduce the side yards of a lot in single and seperate ownership by, I think, 25%. He may have done that for this house. ROBERT BERGEN: Are you going to give them a reduction on the side line? THE CHAIRMAN: Well, I think if you state in this action that you're going to require 10' on this side (on map) that the reduction will be on the other side. Maybe we should ig- nore it? RUDOLPH BRUER: I think that would be best because the Building Inspector is the person involved in that. THE CHAIRMAN: With the Ordinance, you've got to have 35', that makes it a very narrow house. But once the Board acts to create a 50' x 100' lot, that lot is considered to have been in single and seperate ownership prior to the Ordinance. In other words, that wipes out the Ordinance re- quirement of 40,000 sq. ft.. Anyone present wish to speak against ~his application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to divide premises with dwelling into two lots, west side.Wood Lane, Greenport, New York. The findings of the Board are that the majority of lots in that area are 50' lots. The Board finds that strict application of the Ordinance would ~rOduce practical difficulties or unnecessary hardship; the hardShip created is unique and would not be shared by all properties alike in the irmuediate vicinity of this property and in the same use district; and the variance will not change the character'of the neighborhood, an~ will observe the spirit of the Ordinance. O~ motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED, Harold J. and Ruth F. Ash, Wood Lane, Greenpo~, New-York, be GRANTED permission to divide premises with dwelling into two lots, west side Wood Lane, Greenport, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doyen. Southold Town Board of Appeals -18- July 22, 1976 On motion by Mr. Doyen, seconded by Mr. Hulse, it was- RESOLVED, Appeal No. 2162, upon application of Walter W. Washburn, 1500 Bay Avenue, East.Marion, New York for a variance for permission to set off lot on private right-of-way and approval of access be ~OSTPONED as per the request of Mr. Charles R. Cuddy, attorney for the late Mr. Washburn. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2147 - 9:15 P.M. (E.D.S.T~) recessed hearing upon application of Eastern Long Island Kamp- grounds, Inc. by Richard C. Wilton, President, P.O. Box 89, ~00 Queen Street, Greenport, New York (Wickham & Lark, attorneys) for a special exception in accordance with the Zoning Ordinance, Article V, Section 100-50 B (5) and Article VI, Section 100-60 B (1) for permission to construct campground and trailer park. Location of property: South side North Road (CR27) and ~ueen Street, Greenport, New York, bounded on the north by CR27 (North Road); east by Queen Street, west by Village of Greenport, now or formerly Fenno, now or formerly'~ledjeski; now or for- merly Francisco; south by Village of Greenport. THE CHAIRM~N: On June 10, 1976, I read the application for K.O.A. and much of what was in the file. We recessed the hearing because the site plan, at that time, was unacceptable~ to this Board and to the Town Attorney's office. Since that time, my understanding is that the site plan has been revised. Continuing now with the hearing, is there anyone present who has additional information for this application? RICHARD LARK, ESQ.: Does the Board have the revised site plan with the Planning Board's approval? If not, I have a copy that I can give to the Board. THE CHAIRMAN: Yes, we'd better have that - we couldn't ~ind it in our files. RICHARD LARK, ESQ.: I don't have a certified copy of the minutes because they have not been made available, but I have a copy of a map that was presented to the Planning Board showing Section I, which is 73 sites. That was approved, as I under- stand, by the-~Planning Board on June 19, 1976. With the exhibit that I've j~st given you, I will attach Page ~8 of their minutes Southold Town Board of Appeals -19- July 22, 1976 approving that. In reliance thereon, it is my understanding that the Planning Board Chairman submitted it to the Suffolk County Planning Commission. They reviewed the revised site plan and sent back a letter dated July 6, 1976, to the Town, indicating that this was a matter for local determination subject to their conditions of April 10, 1975. (Mr. Lark briefly reviewed those conditions.) Ail of those conditions have been incorporated into the site plan with the various sheets that the Board has before it for Phase I of the campground. I think the Board should also have th~ approval of the site plan for Section I. THE CHAIRMAN: I was told by the Planning Board Chairman that they did, in fact, approve this site plan. I think they changed the number lots shown on it to 73 from 74, but, in any case, that's in the-Planning Board files. We know what it consists of, and if this Board acts then we'll impose conditions which will require that the site plan meet everything that you're talking about. RICHARD LARK, ESQ.: I think since the Board is bound by the Zoning Code, they must give consideration to many facts and also, possibly, make recommendations~a~dppHtcc~d~s~n the use of the property in the special exception. I thought the Board should have for its file this sheet, which we can mark "Sheet ~7", which is basically an overlay. THE CHAIRMAN: Well, I don't think the Board is prepared to act on the whole ... RICHARD LARK, ESQ: I know, but I think the Board should have it in its file, along with the initial application on which the Town Board acted and made the cha~ge of Zone. I am presenting these to the Board so that theY have the total picture this is what the Suffolk County Planning Commission had before it, and I ~Fr~k this should be in the Board of Appeals record so it will make some sense as to what they were acting on. The Board will be acting on Section I, but I am presenting the other just so the Board will have it ~n its record. THE CHAIRMAN: And this is the 600' buffer zone?~(in- dicating on map.) RICHARD LARK, ESQ.: That's correct. RENSSEL~ER TERR~, ESQ.: About the buffer zone- when Queen Street is widened, will the area be taken off the buffer zone, so that the zone is, in effec~ narrowed? Southold Town Board of Appeals -20- July 22, 1976 RICHARD LARK, ESQ.: Queen Street h~s to be ~widened some 17' RENSSELAER TERRY, ESQ.: Well, the buffer zone is not 100' frontage, it's the depth, right? RICHARD LARK, ESQ. Yes, that's correct, that's what the Suffolk County Planning Commission was referring to. THE CHAIRMAN: The 100' buffer zone, if they widen the road, would be moved back; the recreation area would suffer to that extent, which I don't think anyone feels~is too serious. RICHARD LARK, ESQ.: The Suffolk County Department of Works said that if the road is ever widened, which is not in the foreseeable future, it would be on the south side of the street due ~o the way the utilities and everything are located. In Mr. Wilton's application, he has agreed, and there is a condition from the Town Board, that if anything is taken off the frontage, he would have to provide a similar amount in the rear of the buffer, so the buffer will always remain 100'. THE CHAIRMAN: There is nothing but landscaping in the 100' buffer. The only thing that would suffer is the 500' zone, which will be diminished by however much they widen the road. Is there anyone else who wishes to speak for the application? RICHARD LARK, ESQ.: That is basically the case for the applicant. Rather than rehash all the provisions of 100-121 of the Southold Town Building Z®~erSm~ance, I think the application is in conformity with all those conditions in that entire paragraph. THE CHAIRMAN: The Board, if we grant this special ex- ception, will have to state all of the conditions that were proposed by the Town Board, plus incorporate some more re- strictive conditions. Is~there anyone present who wishes to speak against this application? RENSSELAER TERRY, ESQ.: I am here on behalf of Judith Fenno and Arthur Francisco, Jr., in opposition to thisvappli- cation. THE CHAIRMAN: I think that you gave a summary of your objections to the secretary the last time. Do you want them read again? Southold Town Board of Appeals -21- July 22, 1976 RENSSELAER TERRY, ESQ.: My concern is that my clients' property butts on considerable area of the proposed camp, and while there seems to be a requirement'~for a cyclone fence to be a buffer between the camp and the Village of Greenport, there doesn't seem to be any such requirement as far as other adjoining property is concerned. THE CHAI~J~N: This Board could put a condition on this application that a fence be put all the way around here (on map), which will seperate this operation from the neighbors on the west. At the point where the Village of Greenport property is crossed, Condition 92 of the Town Board will take over. This is our interpretation of what should be there. We also interpret the Ordinance to require that all campsites be 50' x 100', and be connected by a roadway which is 24' built to Town specifications. There will be no campgrounds within the 600' buffer zone. RENSSELAER TERRY, ESQ.: This whole area here (on map) is being zoned as business. THE CHAIRMAN: That is to accommodate this. This 600' buffer strip largely wipes out, in effect, this business zone. The business zoned property line is up here (on map), and that was required because the K~O.A. people have certain uses which require business zoning. RENSSELAER TERRY, ESQ.: Do you mean to tell me then that the rest of this business zone cannot be used for business? THE CHAIRMAN: No. The condition that covers that is very clear, and it is one of our points of interpretation that it shall not apply to structures such as fencing that might be required ~o fence playgrounds and so forth. RENSS~LAER TERRY, ESQ.: The other point that I mentioned is that I still believe that this is an illegal operation. I do not believe that the Town Board had the right to make this move, to seperate two residential areas~h~b~~S~. I believe this is spot zoning. I asked f~'pe~miSsioh ~ Submit a memorandum to you. I was not aware at the time that the zoning change had already been accomplished. However, I still think that the Board of Appeals, even though the zoning has been changed, is furthering an illegal a~t because the cha~e of zone, as such, was illegal. THE CHAIRMAN: I don't know whether we!re aware of all the points that you brought up in the memorandum, but I will make the same argument to you that I made before, which is, that in some sense, all changes of zone constitute spot zoning. Southold Town Board of Appeals -22- July 22, 1976 RENSSELAER TERRY, ESQ.: I can see that if you're adding an addition from one business zone to another, or from one other type of zone to another, but here you're taking a com~ pletely residential area and putting a wedge of business zoned property in the middle of it. I believe that is spot zoning. The entire operation is an illegal operation by the Town Board, as the zoning change is not authorized by statute. THE CHAIRMAN: It would be your view, then, that any down-zoning in a residential area would be spot zoning. RENSSELAER TERRY, ESQ.: Not necessarily. There are other things to be taken into consideration. You see, they didn't take into consideration that this is a narrow, two-lane highway and the traffic conditions will be worsened by the volume ... THE CHAIRMAN: On the contrary, there is an elaborate traffic study here, and this was brought up at every meeting. RENSSELAER TERRY, ESQ.: It's still a two-lane road. People go along here at about 30 m.p.h, and stop and talk to their neighbors, etc. THE CHAIRMAN: I would like to bring to your attention, Mr. Terry, that the Suffolk County Planning Commission, in their letter of April 10, 1975, deemed this a matter Of local determination subject to the conditions outlined in that letter which set forth some of the minimum standards. The Suffolk County Board of Health has reviewed this application and their approval has been received. The Suffolk County Department of Public Works has studied it and has agreed to a deceleration lane. The Southold Town Board, at the public hearing on May 27, changed the zone to "M-l" and "B", as previously noted. This change was.made subject to eight conditions. The Southold Town Planning Board made recommendations on the change of zone. The Village of Greenport has signed a sewage contract and will furnish the water. In other words, a lot of study ha~ gone into this application. I would also like to draw your attention to the Ordinance. A special exception is really a required exception, under our Ordinance, when the applicant meets all of the necessary con- ditions for the special exception. As far as this Board is concerned, he does. SHERLEY KATZ: Is there going to be a shoulder on the road as well as a deceleration Lane? If you are on a bicycle on the right-hand side of the road, and if you have this (on map) as a deceleration zone where cars are going to pull in, you are then in a very dangerous spot. Southold Town Board of Appeals -23- July 22, 1976 THE CHAIRMAN: The cars will be decelerating. SHERLEY KATZ: In that part they will be, but there will be cars passing to the left, speeding by, they'll be going fast. Also, those big trucks create tremendous draft, and if you've only got that much room (on map) to maneuver, you're in trouble. RICHARD-LARK, ESQ.: There's a shoulder on the road, and bicyclists will be to the extreme right of the road near the grass so they will be far away from the semis, etc. THE CHAIRMAN: In other words, the shoulder will move over with the deceleration lane, just as it will if the road is widened. How long is that deceleration lane? RICHARD LARK, ESQ.: About 300'. SAMUEL KATZ: Well, do I understand this correctly, that where K.O.A. borders on Village-owned land, K.O.A. is going to put up a 6' high fence? THE CHAIRMAN: If they have a site which is located within 100' of the Village property, they have to. SAMUEL KATZ: Otherwise, it's not mandatory for K.O.A. to put up that fence. THE CHAIRMAN: I.guess the operation will go into Section I, and if it is successful it will go to Section II ... SAMUEL KATZ: I see, it is not all going to be b~tt at one time. Will they be obliged to put a fence along Queen Street? THE CHAIRMAN: No. Queen Street is to be improved at their expense. Evgntually, I think they propose to fence the whole thing. Another question that was raised was on the amount of parking. The BuiIding Inspector came up with a figure, of 20,000 sq. ft.. Do 'you have that figure in mind for the amount of parking yoU're going to furnish by the administration building? RICHARD WILTON: I don't know what the square footage is, but it has been worked out that there is more parking there than is required. THE CHAIRMAN: There has been quite a bit said against this operation, but some of the good things have not been fully brought out. This will not engender more school.children for the school system. It should help support the tax base of the Southold Town Board of Appeals -24- July 22, 1976 Town, and it is also seasonal. In your Environmental Impact Statement, Mr. Koopmen points out that there will be a few ~obs created, a f~w more cre~ted than will be eliminated. Ap- proximately 6 or 7 people will be required to maintain the property. As it is totally seasonal, the withdrawals against the water supply will be minimal as compared to a subdivision. These are some of the points in favor of this application. Does anyone else have any question~? BENSON TELSEY: In connection with the fenbe on.Queen Street, why don't they have a fence along that street to protect the residents across the street from the noise and the dust? Do you provide for a screen fence where behind .the fence you have shrubbery to break down the noise? RICHARD WILTON: We are going to have Japanese Black Pine and seedling trees which in time will be of sizable nature and will provide a screen. We have already planted 2,000 seedlings. We'Ve taken most of our planting advice from Charles Barnett, who's with the Department of Agriculture. BENSON TELSEY: I object to this special exception because of the site. The site is located on a two-lane road which is outmoded and dangerous. I have lived on that road over 25 years, and every year the traffic increases, and it's a speed road. This fact is brought out in a letter dated January 17, 1975, from the Department of Public Works, which states that this road was built many years ago to meet standards which are presently outmoded. Secondly, I object to the site because it is low and located on wet land. When you have rains, the water table is about 1-1/2' to 4' below the surface, and in certain areas where there will be buildings there wi~t~be swampy areas. This is brought out by the United StaGes bep~r~ment of k~riculture Soil C0nser~ation Service, dated January 21, 1974. It's signed by Charles R. Barnett, District'ConservationiSt. I believe you have a copy of this ~nlettera~di~i~'~-in ~ou~ file which I w~uld like you to review in depth. In addition to that, I have great doubt whether or not the Village of Green/port is able to furnish water and sewage pur- suant to their contract. In your file you have a letter from Mr. Monsell dated 1973... THE CHAIRMAN: We have a copy of the contract. BENSON TELSEY: Haven't you a copy of the 1973 letter when this project was turned down because they weren't able to service it? Southold Town Board of Appeals -25- July 22, 1976 THE CHAIRMAN: That has since been changed. BENSON TELSEY: Three years ago, in that r if I re- member correctly~ he said that they were using 400 000 gallons a day for the Village of Greenport, and the other ommitment brought it over closer to 600,000. The capacity the plant is only 500,000 gallons. I say that to permit a camp to locate on this site will be a disservice to the Town of Southold. It will be ~ disservice to the campers, or the consumers, because of their and comfort because of the low-lying land and the ~ land. Also, peculiar as it may seem, it will be a Mr. Wilton because, to me, it is not economically f far as his volume of campsites is concerned and th. going to go into to make this thing at least minim~ .~r a campsite. I would like to bring to your attention the fact that this piece of land is located behind the Moores Swamp drain, which comes right down behind it and causes all this overflooding. It's behind a watershed. That's why I strenuously Dppose this site. As far as the camp is concerned, I have no o )jection to a camp in the Town of Southold, but let's have a camp we can be proud of, and don't put it in a swamp, put it on some high land~ Where everybody~ can be proud of it. THE CHAIRMAN: I think that's why Mr. Barnett Suggested that, due~to the c~y structure, there should be sewage. That is, of course, a requirement in this so-called plan~ As far as evaluating from here, at this moment, the ability of the Village of Greenpor% to accommodate this 'amount of sewage, that is not a matter for this Board to determine, as you know. They have already signed a contract with certain limitations on it. health, safety etness of the disservice to sasible as expense he's nly viable As far as the other points you made, some of them are a matter off,pinion, and some of ~hem affect ail of us. Many. of our roads~eal!y should be widensd, but whenever an effort is made to widen a r®ad, there is almost 100% opposition. I assume that this is true in many areas of the Country. One of the unusual things about this application is that thsre'are ~sr~ few p~a~es in the Town of Sou%hold that could accommodate it. It's fine to say that this camp should be on a beautiful, ~our-lane highway with an adjoining sewer plant; however, these things are not always economically feasible and we have to deal withwhat we have. Many applications for change of zone are received every year in~ Suffolk County. Thers's no law Saying we have to inquire as to the motivs of the applicant, Southold Town Board of Appeals -26- July 22, 1976 nor do we. I assume that Mr. Wilton had an opportunity to acquire this piece, and he went ahead with it. Many of the comments on this have been opinion. I'm sure that this will increase the traffic, but what wouldn't? The only way the traffic could decrease is if some of the people moved out. We don't want that either. BENSON TELSEY: The fact is that we're locating a transient travel trailer complex on a two-lane highway. THE CHAIRMAN: In the only place that's feasible to locate it. BENSON TELSEY: And behind a watershed that's a swampy area. That's a disservice to the campers themselves. THE CHAIRMAN: I'm sure Mr. Wilton has considered this very carefully. Anyone else wish to speak? RICHARD LARK, ESQ.: To allay some of Mr. Telsey's fears, the study that was done in the 1960's for the Town of Southold and the Village of Greenport recognized this as a watershed. The Village of Greenport recommended that this entire area, on which the applicant's property is located as well as some of the Village property, which Mr. Telsey called a swampy area, not be used for residential or any other use, but for recreational use. RICHARD WILTON: I might expand on that a little. At the present time, there are several houses on Queen Street, and there is a migrant labor camp back there. Samples of some of the water back in Moores Woods indicated that there are traces of sewage in there at the present time. They trace it back to these lo- cations. Once that water and Sewer line goes in, these people will be obligated to hook up to it. SAMUEL KATZ: I interrupted Councelor Terry before - he asked where Queen Street goes to. (The Board, Mr. Terry and Mr. Lark then discussed the boundaries of Queen Street.) THE CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that the applicant owns approximately 24 acres on the south side of CR27. On March 28, 1976, the southerly 18.87 acres was zoned Southotd Town Board of Appeals -27- July 22, 1976 "M-l" and the northerly portion of approximately 5.12 acres was zoned "B" (Light Business) by the Southold Town Board, after referral to the Planning Board and the Suffolk County Planning Commission, which deemed the change of zone a matter of local determination subject to compliance with the following conditions: 1. Public water supply and sanitary sewage disposal will be supplied by the Inc. Village of Greenport. 2. The number of campsites will be limited to 162 in compliance with "M-l" District requirements. The buildings erected on Parcel II will be only those used in connection with transient travel campgrounds. e A 100 ft. landscaped buffer zone comprising 0.4732 acres will be provided on the northerly portion of the premises as it fronts on Middle Road (CR27). 5. Queen Street is to be widened and improved as per Town of Southold specifications. The Suffolk County Planning Department has again on July 2, 1976, approved the revised plan as presented to the Board of Appeals and as approved by the Southold Town Planning Board on June 21, 1976, stating that the current proposed Special Ex- ception by the Board of Appeals is a matter for local determination, since the current proposed action of the Appeals Board is more re- strictive than the conditions set forth in the Planning Commission letter of April 10, 1975. In summary as of this date, the Board finds that the fol- lowing agencies of ~County and Town government have acted as follows in this matter: Suffolk County Planning Commission - the Commission has reviewed this application several times and has deemed it a matter for local determination subject to the conditions set forth in their letter of April 10, 1975. 2~ Suffolk c~n~ty Department of Health - The Health Departmen~ approvai has been received and copies of approved dra~ings have been sent to the Southold Town Planning Board and Building Department as per letter dated June 9, 1976, from Richard C. Wilton for Eastern Long Island Kampgrounds, Inc. 3. Suffolk County Department of Public Works - a permit haS been granted for. a deceleration lan~ 'subject only to bonding. Southold Town Board of Appeals -28- July 22, 1976 Southold Town Board - after the public hearing of May 27, 1975, the Board changed the zoning to "M-i" and "B" as previously noted subject to eight conditions enumerated later in this action. Southold Town P'l'anning Board - the Board made recom- mendations on the change of zone and also made reviews of the site plans, including the final June 19, 1976, site plan of Part I, action dated June 21, 1976. 6. Village of Greenport - the Village has signed a sewage contract with the applicant and agrees to furnish water. The Board of Appeals - the Board held a hearing on June 10, 1976, for a Special Exception and recessed the hearing until further notice. Pages 16-36 of the Board minutes of June 10, 1976, record the hearing. A public notice of the'continuation of the recessed hearing is given in the current Town newspapers. The Board further finds that in addition to the above actions the following individuals or organizations have con- tributed an understanding of this project for the establishment of 73 campsites at the present time known as Section I~ Building Inspector - assistance in all aspects of planning including parking requirements estimated at 20,000 sq. ft. adjacent to administration building. Southold Town Planning Board - initial recommenda- tions for change of zone, review of site plans, over- all requirements as to water, sewage, buildings, etc. 3. Holzmacher, McLendon and Murrell, Consulting Engineers - water and sewage layout. John Jacobsen, Traffic Engineer - traffic count of ap- proximately 400 or less per hour on CR27 between 4:00 P.M. and-8:00 P.M. on Memorial Day Weekend. E.O.A. studies indicate a vehicular trip total of three (3) per day per occupant of the campsite. Usual checK-in time is between 4:00 P.M. and 8:00 P.M.. Richard Koopman - prepared a 36-page environmental study for the applicant. Richard C. Wilton - a soil study noted by Mr. Wilton indicates clay under a portion of the site, which will require sewer arrangements. Southold Town Board of Appeals -29- July 22, 1976 The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will-be oSserved. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Richard C. Wilton, President, Eastern Long Island Kampgrounds, Inc., P.O. Box 89, 600 Queen Street, Greenport, New York be GRANTED permission to construct a campground and trailer park on the south side of CR27 and the west side of Queen street, Greenport, New York, subject to the following conditions, which include the eight conditions originally outlined by the Town Board as well as additional conditions and interpretations of the Board Of Appeals: That public water supply and sanitary sewage disposal to the premises which are the subject of %his resolution be supplied by the Incorporated Village of Greenport at the sole cost and expense of the petitioners which said water supply and sewage disposal systems shall comply with all of the requirements of all agencies having jurisdiction thereof, and that said water supply and sewage disposal systems be installed and in operation prior to the occupancy of the premises for any purposes whatsoever. That in the event that any portion of the premises located within 100 feet of the land owned by the Village of Greenport is utilized for campgrounds or trailer sites, a 6 foot chain link or equivalen~ type fence shall be erected and maintained along the boundary line of said land of the Village of Greenport. That the portion of the premises adjacent to County Route 27 to-a distance of 100 feet tker~efrom shall be at all times maintained as a !andscaped buffer zone and that no buildings or structures of any type whatsoever shall be erected or maintained thereon. That t~e type and location of landscaping within said buffer zone be approved by the Planning Board of the Town ~of Southold; that in the event that County Route 27 shall be widened, altered or relocated that said buffer zone shall be ex- ~ended so that said buffer zone shall at all times ex- tend 100 feet from the said highway. 4. That to minimize traffic hazards tha~ may occur by reason of trailer vehicles entering and leaving said premises, Southold Town Board of Appeals -30- July 22, 1976 suitable turn-off or deceleration lanes or such other highway facilities as the agency having jurisdiction of County Route 27 shall prescribe shall be provided. That in order to provide suitable access to the premises over Queen Street, a 33 foot wide Town highway, the same will be required to be widened to 50 feet. Prior to occupancy of the rezoned premises by the owners thereof for trailer park purposes, the o%~ers shall at their own expense improve and pave a 17 foot strip along the west- erly boundary of Queen Street in accordance with the Town highway, requirements and when so improved and paved, dedi- cate the same to the Town of Southotd. Sa. (added by Board of Appeals) Queen Street shall be im- proved as far south as the southerly side of the entrance to the K.O.A. campground but not beyond. That the portion of the premises extending from a point 100' feet south of County Route 27 to a point 600 feet south of County Route 27 be restricted to open recrea- tional uses with no structures constructed thereon. 6a. The Board of Appeals, after consultation with the Town Board, construes the prohibition against structures to not prohibit fencing such as fencing which may bound the property; suitable fencing for recreational facilities such as tennis, baseball, and other recreational uses; small storage structures for recreational equipment. The westerly border of the applicant's property shall be fenced with a 6 foot, ~hain link fence or equivalent as far south as land of Village of Greenport, at which point Condition #2 becomes applicable. m That any use of said premises as a campground as pro- posed by Petitioners shall be on a seasonal basis only for the period from April 1st to November 30th of each year. e ~ha.t said premises be used only for the purpose, of op- erating thereon campgrounds franchised by Kampgrou~ds of America, Inc. in accordance with ail of the ordina~css, laws and regulations of the Town of Sou~thold and other authorities having jurisdiction thereof and~that no buildings or structures shall be erected on the premises nor shall the premises be used for any use except the uses specified herein and uses accessory and incidental thereto. Southold Town Board of Appeals -31- July 22, 1976 CONDITION'S ADDED BY THE BOARD OFAPPEALS: A condition of granting this special exception is that the applicant's site plan shall meet all requirements of the Tourist and Trailer camp .ordinance, which in- cludes the requirement of a permit issued by the Town Board. Among other things, minimum requirements under this ordinance require camp sites shall be not less than 50 x 100 feet in area located so as to be readily a~cessible from roadways or driveways; constructed to a minimum w£dth of 24 feet; constructed in accord with Southold Town Highway specifications. No building permits may be issued until all requirements of Town ordinances have been met. 10. A parking lot of at least 20,000 sq. ft. buitt to Town Highway Department specifications adjacent to the main administration building shall be provided. Vote of the Board: Ayes: Doyen. Messrs: Gillispie, Bergen~ Hulse, Twenty-one (21) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED that the next meeting of the Southold Town Board of Appeals be held at 7:30 P,M. (E;D.S.T.), Thursday, August 12, 1976, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doyen. On motion by Mr. Bergen, seconded by Mr. Hutse, it was RESOLVED,that a special meeting of the Southold Town Board of Appeals be held at 11:00 A.M. (E.D.S.T.), Friday~ July 30, 1976 at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doyen. Southold Town Board of Appeals -32- July 22, 1976 On motion by Mr. Hutse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.D.S.T.)., Thursday, August 12, 1976 at the Town Office,_Main Road, Southold, New York as the time and place of re~sa~ing upon application of James W. Newell, Main Road, Mattituck~ New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 700, Subsection B-4,~ for permissi°n to operate an automobile repair shop (public garage). Location of property: east side Main Road, Mattituck, New York, bounded on north by L. Lindsay; east by F. Steiner and others; south by C. Miller; west by Main Road (Route 25). Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hutse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday~ August I2, t976 at'the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Walter W. Washburn, 1500 Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 109-30 & Bulk Schedule for permission to set off lot on private right- of-way and approval of access. Location of property: right- of-way, west side Bay Avenue, East Marion, New York bounded on north by right-of-way; east by Traffica, Schmidt & others; south by other land of applicant; west by Radford, Anderson & others. Vote of the Board: Ayes: z Messrs: Gillispie, Bergen, Hulse, Doyen. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that th~ Southold Town Board of Appsa!s set 8:10 P.M. (E.D.S.T.),i-~rsday, August 12, t9~6 at the Town Office, M~in Road, Southbld, New York as the time and place upon hearing of application of Pinewood Landscaping a/c Gianfranco Monacelli, Pettyi~~ Drive, Orient, New York for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: north side Petty's Drive, Orient, New York; ~ap of Petty's Bight, Lot ~2, Orient, N.Y. Vote of the Board: Ayes: Hulse, Doyen Messrs: Gilllspie, Bergen, Southold Town Board of Appeals -33- July 22, 1976 On motion by Mr. Doyen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:20 P.M. (E.D.S.T.), Thursday, July 22, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Horace and Ruth Terry, 125 North Lakewood Circle, Maitland 1, Florida (Irving L. Price, Jr., Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lots with insufficient width and area, and approval of access. Location of property: Private road off north side of Main Road, Orient, New York, bounded on the north by DiLorenzo; east by Conroy; south by Stephenson; west by Long Island Sound. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doyen. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.D.S.T.), Thursday, August 12, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of John E. Rempe, 676 Bayshore Road, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6f) for permission to erect off-premises directional sign. Lo- cation of property: Main Road and Kerwin Boulevard, Arsha- momaque, New York; Map of Peconic Bay Estates, Lot ~178. Vote of the Board: Ayes: Hulse, Doyen. Messrs: Gillispie, Bergen, On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals sst 8:40 P.M. (E.D.S.T.), Thursday, August 12, 1976 at the Town 0ffice,~ Ma~n Road, Southold, New York as %he time andiplace of'h~aring upon application of John zazecki, Main Road, Southold, New York f°r a v~iance in acCordanCe With the Zoning Ordinance, Article III, Section 100-30 and Buik Schedule for permission to set off a lot %rith insufficient width. Location of property: South side Main Road, Willow Hill, Southold, New York, bounded on north by Main Road; east by Schmitt; south by Milford; west by other land of applicant. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doyen. Southold Town Board of Appeals -34- July 22, 1976 The secretary was instructed to write Howard Terry, Building Inspector, and ask him to investigate the property of James W. Newell to determine whether or not Mr. Newell is in violation of the action dated June 7, 1973. The meeting was adjourned at 10:30 P.M. Respectfully submitted, Mary ~. Dawson Secretary APPROVED Rober{ Wl ~i~lispie;- ~. , ~r a ¼