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HomeMy WebLinkAboutZBA-06/10/1976 APPEAL BOAED Robert W. GJlUspi¢, ,Jr., Chairman Robert Bergen Charles Grisonis, Jr. S¢r~¢ Doyen, '~Jr. Fred ~uls¢, Jr. Southold Town Board of Appeals SrlUTHOLD, L. I., N.Y. 119'71 Telephor/e 765-2660 M ,I 'N t3 T E S Southold Town Board of Appeals June 10, 1976 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, June 10, 1976, at the Town Office, 'Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr.; Serge Doyen, Jr. Also present: Peter Campbell, Suffolk Weekly Times; Sherley Katz, Long Island Traveler-Mattituck Watchman; William Terry, North Fork Env±ronmental Council. 7:30 P.M. (E.D.S,T.), Appeal No. 2]]4, J. Parker Wickham, Airway Drive, Mattituck, New York. THE CHAIRMAN: This is a recessed public hearing. (The Chairman read 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 of transmittal from the Town Clerk stating that notification by certified mail had been made to adjoining neighbors: R. C. Kopf; Mrs. Morton McConnachie; A. Wuttke; F. A. Ross.) We asked the applicant to furnish a survey of all property in the vicinity and we have received a survey from the applicant dated May 21, 1976 which indicates the property is owner by Mr. Wickham. The survey was made by Van Tuyl for Mr. J. Parker Wickhamo Southold Town Board of Appeals -2- June 10, 1976 THE CHAIRMAN: The lots as set forth here (are there eight of them?) and are they lettered "A, B., etc." ROBERT TOOKER, ESQ., Tooker, Tooker & Esseks: One is not, the sale to Ross. The bed of the road would be subject to the right of way. THE CHAIRMAN: We referred this to the Suffolk County P~anning Commission because it is 500 feet from the water. Their recommendation was as follows: "Based upon available information, it would appear necessary to determine if all property owners to the east thereof have extinquished their right of access via~he unopened filed map road which traverses the southerly portion of the subject property. If all rights have not been extinquished, the area of the parcel should be diminished accordingly. If all rights have been extinquished, the guaranteed right of access via the traveled road to the north thereof should be assured before the Wickham p~p~t~is parceled off and apparently joined with an adjoining lot~owner. It further appearsinadvisable to permit conveyance of seasonal cottages on such small lots to individual owners, particularly for year round occupancy. This would only establish an undesirable precedent for additional dwellings on undersized lots in the locale". THE CHAIRMAN: Those were the comments of the Board in a~letter dated April 22, 1976. We sent your survey to them on June 3, 1976 and received a letter from them dated June 7, 1976 as follows: "To conform with the general lot size patterns in the locale, it would appear advisable to divide Parcel "B" as depicted on the attached map." (The Board, Mr. Tooker and Mr. Wickham looked at the map and there was a further discussion of the Planning Commission's recommendations.) THE CHAIRMAN: Personally, I don't think that the change indicated on the map would make that much difference. It is a suggestion. ROBERT TOOKER, ESQ.: The lines from the original subdivi- sion are here (referring to map); they are superimposed. THE CHAIRMAN: This should be approved by the Planning Board. Where you have an old filed map, back to the 20's, frequently you superimpose another one o~er the old one. We think the Planning Board should tell you what it should be. What we might do is approve this subject to approval of the Planning Board. Southold Town Board of Appeals -3- June 10, 1976 ROBERT TOOKER, ESQ.: Do you have any suggestions for alternates. You will notice over here (referring to map) that we are providing beach access for this lot and this lot for these people so we thought this would normally go with that lot. THE CHAIRMAN: After everything is sold, who would it belong to ? MR. TOOKER: This would belong to DeMaria but this man would have the right to use the beach, and these people would have the right to use the beach.., it would not be for the use of other people. THE CHAIRMAN: You have provided a traveled roadway. I was thinking you might have to define that. It might change. MR. J. PARKER WICKHAM: It is a little variable. THE CHAIRMAN: The legal angle is something I would not want to go into. Would you extinquish all of this? Would it make it difficult for you? MR. ROBERT BERGEN: Are they all owned by J. Parker Wickham? MR. TOOKER: No,(referring to map) these are not. None of these places can b.e lived in in the winter time, as they are. THE CHAIRMAN: Do they all have their own cesspools? MR. TOOKER: Yes. There are a lot of these situations that have existed for a long time. THE CHAIRMAN: All together you would have 25,000 sq. ft., the smaller portion would be ancillary to the home portion. You could not have a separate kitchen. MR. TOOKER: He wants to have a kitchen over there so he doesn't have to feed everyone in his house. THE CHAIRMAN: Two houses on an undersized lot are not permitted. It is owned by Wickham; Ross wants to buy it. I thought this was a fait accompli. MR. TOOKER: It was until we came to see you two months ago. Southold Town Board of Appeals -4- June 10, 1976 THE CHAIRMAN: If you followed the suggestion that Mr. Gerald Newman made you~ would probably have to get more money for the property. MR. BERGEN: As we understand it, Ross wants to buy this place so he can put his kids over there when they visit. MR. J. PARKER WICKHAM: We have three houses and we want to sell them. THE CHAIRMAN: This could not have separate housekeeping facilities. It could have bedrooms. MR. TOOKER: Originally, these were three lots. What we are saying is that the use of the property, as it has been used since the shoreline changed, makes this line (referring to map) over here and here. We would like to be in these boundary lines. Mr. Ross would always be obligated to keep two together. THE CHAIRMAN: I suggest you fix the lot lines the way you want and get it approved by the Planning Board. MR. TOOKER: I understood you to say that you would give a conditional approval subject to the Planning Board's approval. We are not creating an undersized lot.., it's a practical problem concerning a piece of land with each house. MR. ROBERT BERGEN: We want the Planning Board to approve it. MR. ROBERT TOOKER: Let us go to the Planning Board and then come back here. This is what we would like to do. THE CHAIRMAN: This application has already been to the County. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that decision on Appeal No. 2114, J. Parker Wickham, Airway Drive, Mattituck, New York, be postponed and that this hearing be recessed until further notice from the applicant. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -5- June 10, 1976 PUBLIC HEARING: Appeal No. 2140 - 8:00 P.M. (E.D.S.T.) upon application of Stephen F. Griffing, Jr., Esq. a/c Katherine B. Tuthill for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: north side Albo Drive, Laurel, New York, bounded on the north by now or formerly Husing or Nature Conservancy; east by E. Marquardt; south by Albo Drive; wes~ by Allan Tuthill & Wife. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion 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 statement of notification by certified mail to: Mr. and Mrs. Allan F. Tuthill; Mr. Ernest Marquardt; The Nature Conservancy. The Chairman also read AFFIDAVIT OF REAL PROPERTY APPRAISAL by Stanley Sledjeski (filed as part of Tuthill file). THE CHAIRMAN: The County Tax Map indicates that applicant has 225 feet on one side and 215 feet on the other. The file also contains a Van Tuyl survey dated June 5, 1976. 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? MR. ALLAN TUTHILL: I am one of the neighbors. If this is subdivided into ha~lf acre, is that one half acre above ground or is it bog? THE CHAIRMAN: This is a half acre as described in the survey. Nothing has been established by the Town. I think the Federal Flood Insurance people want 10 feet. Are there any other questions? MR. WILLIAM TERRY: Speaking for NatUr~Conservancy, we don't object to 100 feet frontage but donlt thi~k there Ss adequate drainage there. THE CHAIRMAN: I think that that is a condition that exists all along this area STEPHEN F. GRIFFING, JR.; ESQ.: This is a Health Depart- ment problem. Southold Town Board of Appeals June 10, 1976 THE CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with in- sufficient width and area on the north side of Albo Drive, Laurel, New York. The Board finds that the majority of the homes built in this area are built on 100 foot lots, and some are built on 50 foot lots. The findings of the Board are that this division will not change the character of the area. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of ~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. Bergen, seconded by Mr. Hulse, it was RESOLVED, Stephen F. Grilling, Jr., Esq. a/c Katherine B. Tuthill, Deephole Drive, Mattituck, New York be GRANTED permission to divide property with insufficient width and area on the north side of Albo Drive, Laurel, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hutse, Doyen. PUBLIC HEARING: Appeal No. 2142 - 8:10 P.M. (E.D.S.T.) upon application of Raymond T. Goodwin, 83 Wilson Street, East Rockaway, New York (William Wickham, attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback from Private Road. Location of property: South side Peconic Bay Boulevard and Private Road, Laurel, New York, bounded on the north by Peconic Bay Blvd., east by Private Road; south by right of way Private Rd.; west by now or formerly Battenfield. 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 no%ice to the applicant. The Chairman also read letter from Town Clerk stating that notification by certified mail has been made to: Mr. and Mrs. Peter J. Warren and to Mrs. Florence F. Battenfield. Southold Town Board of Appeals -7- June 10, 1976 The application is also accompanied by a sketch indi- cating that applicant is the owner of a long, narrow piece of property which will require a setback from the right-of- way of 25 feet. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WILLIAM WICKHAM, ESQ.: While I was reviewing this application this afternoon, this little instrument gave me quite a bit of grief. It would appear that the whole frontage is perhaps within 35 feet. When I made the application I assumed that part of the house had a setback of 35 feet. The north part is closer to 32 feet. I would like to have the record straight so there will be no confusion at a later date. THE CHAIRMAN: You are talking about the northeast corner. MR. WICKHAM: That is about 32 feet. When I made the application I thought it was 35 feet. THE CHAIRMAN: This is the legal access to the house so this is the front yard. Actually, you are fairly close to Peconic Boulevard. How about the northwest corner? MR. WICKHAM: There is a line which doesn't go straight out. If you go right out to the street it would be 50 feet at this point. THE CHAIRMAN: Does anyone wish to speak against this application? (There was no response.) After investigation and inspection .the Board finds that applicant requests permission to constrlict dwelling with in- sufficient setback from Private Road, South side of Pe~Conic Bay Blvd. and Private Road, Laurel, New York. The findings of the Board are that applicant has a hardship due to the shape of this lot, and that this is part Of a minor subdivision granted in 1968 at a time when lots were smaller. T~he Board agrees wi~h the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of 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. Southold Town Board of Appeals -8- June ~0, 1976 On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED, Raymond T. Goodwin, 83 Wilson Street, East Rockaway, New York, (William Wickham, attorney), be GRANTED permission to construct dwelling with insufficient setback from Private Road, on the south side of Peconic Bay Boulevard, Laurel, New York, as applied for, subject to the following condition: That no portion of the front part of the house shall be closer than 25 feet to the right of way. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2143 - 8:20 P.M. (E.D.S.T.) upon application of Donald A. Arcuri, 60 East 4th Street, Patchogue, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-32 and Bulk Schedule for permission to construct accessory building with insufficient side and rear yard setbacks. Location of property: east side Lighthouse Road, Southold, bounded on the north by Long Island Sound; east by Anderson; south by Anderson; west by Lighthouse Road. 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 statement from the Town Clerk that notification by certified mail had been made to DOris Anderson. THE CHAIRMAN: The County Tax Map indicates that this lot is close to the Park District on Lighthouse Roald. It's on the easterly side of Lighthouse Road and south of Long Island Sound. A Young & Young survey shows the lot as approximately 18,000 sq. ft. in area. The top of the bluff is about two- thirds of the distance back from the Sound and the house is located at the extreme southerly end of the lot. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. DONALD ARCURI: I could not build a garage unless put it there. I would like it to be attached to the house. THE CHAIRMAN: What is the distance from the house to the stockade fence? Southold Town Board of Appeals -9- June 10, 1976 MR. DONAL~ ARCURI: It's about eighteen feet. 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 applicant requests permission to construct accessory building with insufficient side and rear yard setbacks on the east side of Lighthouse Road, Southold. The findings of the Board are that applicant has an unusual hardship by reason of the shape of this lot which is abbreviated by the Sound bluff. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of 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. Griqonis, seconded by Mr. Bergen, it was RESOLVED, Donald A. Arcuri, 60 East 4th Street, Patchogue, N. Y., be GRANTED permission to construct accessory building with insufficient side and rear yard setbacks on the east side of Lighthouse Road, Southold, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated May 20, 1976, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -10- June 10, 1976 On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED THAT THE Southold Town Board of Appeals approve minutes dated May 28, 1976, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonls, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2144 8:35 P.M. (E.D.S.T.) upon application of Orient Trucking & Construction Co., Inc. a/c William Fuccillo, Sound Road, Greenpert, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30C & Section 100-32 for permission to construct private swimming pool in front yard area. Location of property: Sound Road, Sound Drive, Sunset Lane, Oreenport, N. Y., bounded on the north by Sound Drive; east by Sound Road; south by now or formerlyC. Jones; west by Sunset Lane. 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 Town Clerk stating that notification by certified mail was made to: Corbett Jones. THE CHAIRMAN: The application is accompanied by a County Tax Map indicating that applicant's lot is roughly triangular in shape with 49 feet on Sound ~u~plus 237 feet on Sound Drive, and 173 feet on Sunset Lane. It is in an area of generally small lots although the adjoining lot to the south is similar in size. A sketch furnished by the applicant indicates that the pool would be on the Sound Avenue side. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ROBERT DOUGLAS, Orient Trucking & Construction Co., Inc.: The situation is a very unique one. There is no other space available and all activity would take place on the easterly side so it would not change any of the characteristics of the rest of the' property. There would be nothing to bother the neighbor. ~ MR. ROBERT BERGEN: How high is the fence? MR. DOUGLAS: 5 feet. Southold Town Board of Appeals -11- June 10, 1976 THE CHAIRMAN: You would need our approval for a 5 foot fence in the front yard but we would be happy to give it. MR. ROBERT BERGEN: This seems to be the best location. MR. ROBERT DOUGLAS: We don't want to involve any of the good, big trees there. 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 applicant requests permission to construct private swimming pool in front yard area of property located at Sound Road, Sound Drive and Sunset Lane and also requests permission to use 5 foot fence for pool in front yard area. The findings of the Board are that applicant has a unique hardship due to the shape of his lot. The Board agrees With the applicant that this is the best location for a swimming pool, and also agrees that a 5 foot fence is preferable to a 4 foot fence in this particular instance. A~icant has three front yards. 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. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Orient Trucking & Construction Co., Inc. a/c William Fuccilto, Sound Road, Greenport, New York, be GRANTED permission to construct private swimming pool in front yard area of property located at Sound Road, Sound Drive and Sunset Lane, Greenport, New York, as applied for. IT IS FURTHER RESOLVED that applicant be GRANTED permission to erect 5 foot fence as outlined on sketch. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -12- June 10, 1976 PUBLIC HEARING: Appeal No. 2145 - 8:45 P.M. (E.D.S.T.) upon application of Frank and Agnes Zabicky, Cox Neck R6ad, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property for second dwelling with insufficient width and area. Location of property: west side Cox Neck Road~ Mattituck, New York, bounded on the north by P. Neudeck; east by Cox Neck Road; south by S. Becker; west by W. Chudiak. Fee paid $15.00. The Chairman opened the hearing by reading the applica~ tion 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 Town Clerk indicating that notification by certified mail had been made to: Mr. and Mrs. Stanley Becker and to Mrs. Lucy Neudeck. THE CHAIRMAN: The application is accompanied by an Alden Young survey dated December 7, 1967 and indicates that applicant does, in fact, have 200 feet on Cox Neck Road and the lot, itself, is in a location where there is acreage to the rear of this property to the west, and some acreage diagonally across the street, and some plots across the street which are smaller than the present zoning calls for. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (Mr. and Mrs. Zabicky were both present). MRS. FRANK ZABICKY: I thought the lot was 200' x 150' THE CHAIRMAN: The County Tax Map shows 125', not 150' THE CHAI~4AN: Does anyone else wish 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.) THE CHAIRMAN: I will have to speak against it because 40,000 sq. ft. is the minimum lot requirement and we have, in fact, denied your neighbor on a similar application in December of 1973... P. Neudeck. Southold Town Board of Appeals -13- June 10, 1976 MR. FRANK ZABICKY: He did not have a way of going into the property. THE CHAIRMAN: There is no way that we can put two houses on one lot or permit this division in this area. The only thing we can suggest is that you might add on to your present house and create space for your daughter and her two children. As for separating the lot, we could not do it. I don't know whether to suggest to you one other outside possibility and that is that you might see the Town Board. It is conceivable you could get a temporary permit. MR. ZABICK¥: She was going to have a mobile home, 20' x 60' THE CHAIRMAN: There is no way we can do it. THE CHAIRMAN: There is no way we can grant this. I am sorry about the Situation but the Board is not permitted to consider personal hardship. After investigation and inspection the Board finds that applicant requests permiss~ion to divide property for second dwelling with insufficient width and area located on the west side of Cox Neck Road, Mattituck, New York. The findings of the Board are that they, the Appeals Board, may not grant a division of.property to permit locating a mobile home on 25,000 sq. ft. lot which already has an existing dwelling. Applicant's lot is 200' x 125'. The minimum lot requirement is 40,000 sq. ft. for one dwelling. A similar application presented by a neighbor of the Zabickys was denied in Decem- ber of 1973. The Board sympathizes with the applicant but ts not permitted to consider personal hardship. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardShip created is not unique and would be shared by all properties alike in .the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was Southold Town Board of Appeals -14- June 10, 1976 RESOLVED, Frank and Agnes Zabicky, Cox Neck Road, Mattituck, New York be DENIED permission to divide property for second dwelling with insufficient width and area located on the west side of Cox Neck Road, Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Berqen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2146 - 8:50 P.M. (E.D.S.T.) upon application of Jean M. Jones, West Creek Avenue, Cutchogue, New York (Wickham & Larkt attorneys), for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: East side West Creek Avenue, Cutchogue, New York, bounded on the north by M. S. Todebush; eas~ by Eastwood Sub.; south by E. C. Wylie; west by West Creek Avenue. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read letter from Town Clerk indicating that notification by certified mail was made to: Joan Hatfield; Edward C. Wylie; M. S. Todebush. THE CHAIRMAN: The application is accompanied by two surveys, 1965 and 1968. We also have a copy of the County Tax Map in the file. Is there anyone present who wishes to speak for this application? WILLIAM WICKHAM, ESQ.: The Wylie lot is the one that Mrs. Jones sold in 1967o It is the southerly lot with a house on it. It was the summer house of her mother. The northerly lot has not been sold. We would like to sell it. THE CHAIRMAN: The northerly lot was acquired in 1965. WILLIAM WICKHAM, ESQ. That was acquired by Deed. THE CHAIRMAN: Can you clearly explain this application to me. WILLIAM WICKHAM, ESQ.: The southerly lot was acquired by Will many years ago with the house on it. This is now the Wylie lot. The Kathryn Fleet lot was acquired later by Deed. It is this lot that we made the application for, to be held as a separate lot. Southold Town Board of Appeals -15- June 10, 1976 THE CHAIRMAN~ It ~a$ never separated from the Wylie lot. MR. WICk: These were d±v~ded man~ years ago and most lots along West Creek Avenue are smaller with modest houses on them so this division came many years ago. Kathryn Fleet acquired her lot from the Fleet family and Mrs. Manning acquired the other lot for a summer home. Mrs. Jones' lots were on-s~parate bills and there has been no access between the two lots. This particular lot until recently was over- grown with vines and trees so that there has been no intention that it should be all one lot. They have been held as separate lotso This division of lots along West Creek Avenue goes back many years. There is a subdivision to the ea,st, Eastwood Estates, even the lots there are of a fairly modest size. THE CHAIRMAN: Are you asking us to recogniz~ something that's already happened. MR. WICKHAM: We are about to go to contract to sell and Mr. Terry told me that I weuld have to get a variance beCause ~rs. Manning owned two lots 'at a time when zoning required so many. sq-ua~e feet. THE CHAIRMAN: The applicant sold the adjacent lot so now you want to sell this one. There are about four names here. MR. WICKHAM: They are all part of the Fleet family. THE.CHAIRMAN: We are asked to approve the sale of the northerly lot, the vacant lot. MR. WICKHAM: This lot has 125 foot frontage and 115 feet on the west. It has two dimensions which are different. 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 applicant requests permission to set off lot with insufficient width and area on the east side of West Creek Avenue, Cutchogue, New York. The findings of the Board are that other lots in the vicinity are approximately the same size as subject property and that this lot has always been considered a single lot. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district and the variance will ~o~ change the Southold Town Board of Appeals -16- June 10, 1976 character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Jean M. Jones, West Creek Avenue, Cutchogue, New York, (William Wickham, Attorney), be GRANTED permission to set off lot with insufficient width and area located on the east side of West Creek Avenue, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2147 - 9:10 P.M. (E.D.S.T.) upon application of Eastern Long Island Kampgrounds, Inc., by Richard C. Wilton, President, P. O. Box 89, 600 Queen Street, G~hPg~, N. Y. (Wickham & Lark, atHorneys)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 Queen Street, Greenport, New York, bounded on the north by CR27 (North Road; east by Queen Street and Greenport Village; south by Village of Greenport; west by Village of Greenport, now or formerly Fenno, now or formerly Francisco, now or formerly Sledjeski. Fee paid $15.00. THE CHAIRMAN: I see that there are quite a number of people present tonight who are interested in speaking for or against this application. We are going to have to recess this hearing because we can't make a decision tonight. You are welcome to remain if you wish but we won't make a decision tonight. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers and notice to the applicant. The Chairman also read letter from Town Clerk indicating that notification by certified mail had been made to: Judith F. Fenno; Arthur Francisco; Leo Sledjeski; Village of Greenport. THE CHAIRMAN: The application is accompanied by Exhibits. "A petition was filed with the Town Board of the Town of Southold by Robert C. Wilton, John J. Clanton, and Eastern Long Island Kampgrounds requesting a change of the Building Zone Ordinance including the Building Zone Maps from "A" Residential & Agricultural District to "M-l" General Multiple Residence District the property described in said petition and "A" Residential and Agricultural District to "B" Light Business District the property described in said petition, and Southold Town Board of Appeals -17- June 10, 1976 WHEREAS, said petition was duly referred to the Planning Board for its investigation, recommendation, and report, and the report having been filed with the Town Board, and there- after, a public hearing in relation to said petition having been duly held by the Town Board on the 27th day of May, 1975, and due deliberation having been had thereon NOW, THEREFORE BE IT RESOLVED that the relief demanded in said petition be, and~ it hereby is GRANTED subject to the following'conditions, to wit: (conditions attached herewith)." THE CHAIRMAN: A number of conditions have been attached to the Action of the Town Board. These conditions I will try to summarize: "WHEREAS, Richard C. Wilton, John J. Clanton, and Eastern Long Island Kampground, Inc. heretofore petitioned the Town Board of the Town of $outhold by amended petition sworn to on November 15, 1974 for a change of zone of property located on the south side of County Road 27 and the west side of Queen Street norL~- west of the Incorporated Village of Greenport by changing from "A" Residential and Agricultural District to "M-l" General Multiple Residence District a parcel of land comprising 18.8717 acres and by changing from "A" Residential and Agricultural District to "B" Light Business District a parcel comprising 5.1273-acres, and WHEREAS, said petition was referred to the Southold Town Planning Board and the Suffolk County Planning Commission, and WHEREAS, THE Suffolk County Planning Commission by letter dated April 10, 1975 resolved that said changes of zone are to be approved for local determination subject to compliance with the following conditions: 1. Public water supply and sanitary sewage disposal will be supplied by the Incorporated Village of Greenport. 2. The number of campsites will be limited to 162 in compliance with "M-l" District requirements. 3. The buildings erected on Parcel II will be only those used in connection with transient travel trailer campgrounds. 4. A 100 foot landscaped buffer zone comprising 0.4732 acres will be provided on the northerly portion to the premises as it fronts on Middle Road (CR27); and 5. Queen Street is to be widened and improved as per Town of Southold specifications. THE CHAIRMAN: The Town Action quotes from the Southold Town Planning Board: "The Southold Town Planning Board by letter dated April 18, 1975 advised this board that the Planning Board ar a meeting held thereon on February 24, 1975 sdopted a resolution recommending to this board the approval of said Southold Town Board of Appeals -18- June 10, 1976 application, and WHEREAS, a public hearing was held by this Board with respect to said application on the 27th day of May, 1975, NOW, THEREFORE, BE IT RESOLVED, that the said Robert C. Wilton, John J. Clanton, and Eastern Long Island Kampgrounds, Inc. be granted a change of zone from "A" Residential and Agricultural District to "M~i'' General Multiple Residence District to the following described property, to wit:" THE CHAIRMAN: There is a description of.Parcel I and Parcel II. Then, IT IS FURTHER RESOLVED that the aforesaid changes of zone are subject to the following conditions: That public water supply and sanitary sewage disposal to the premises which are the subject of this 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 pur= poses 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 equivalent 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 ~ounty Route 27 to a distance of 100 feet therefrom shall at all times be maintained as a landscaped buffer zone and that no buildings or structures of any type whatsoever shall be erected or maintained thereon. That the 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 Road 27 shall be widened , altered or relocated that said buffer zone shall be extended so that said buffer zone shall at all times extend 100 feet from %he said highway. That to minimize traffic hazards that may occur by reason of trailer vehicles entering and leaving said premises, suitable turn-off or deceleration lanes on such other highway'facilities as the agency having jurisdiction of County Route 27 shall prescribe shall be pr®vided. Southold Town Board of Appeals -19- June 10, 1976 Se That in order to provide suitable access to the premises over Queen Street, a 33 foot wide Town highway, the s~me 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 owners shall at their own expense improve and pave a 17 foot strip along the westerly boundary of Queen Street in accordance with the then Town highway requirements and when so improved and paved , dedicate the same to the Town of Southold. That the portion of the premises extending from a pointl00 feet south of County Route 27 to a point 600 feet south of County Route 27 be restricted to open recreational uses with no structures constructed thereon. That any use of said premises as a campground as proposed by Petitioners shall be on a seasonal basis only for the period from April 1st to November 30th of each year. That said premises be used only for the purpose of operating there on campgrounds franchised by Kamp- grounds of America, Inc., in accordance with all of the ordinances, laws and regulations of the Town of Southold and other authorities having jurisdiction thereof and that no buildings or sturctures shall be erected on the premises nor shall the premises be used for any use except the uses specified herein and uses accessory and ~ncidental thereto." THE CHAIRMAN: Our next document in the file is a letter from Mr. Howard Terry, Building Inspector, dated June 10, 1976: "In the matter of application of Wilton & Clanton, K.O.A. application for tourist trailer and camp permit, W/S Queen Street, Greenport, N. Y., please be advised: I have spent considerable time going over ALL of the requirements for a permit to operate such a camp--~th Mr. Dick Lark, Attorney for Mr. Wilton, as well as with the Planning Board and our discussions of same. In our meetings; and memos back and forth, all points have been covered thoroughly. Your Board should impose all of the conditions which the Town Board wanted included as well as those required under the special exception section of the Zoning ordinance. The site plan Southold Town Board of Appeals -20- June 10, 1976 appears to meet all requirements. We do not however know what will happen when this reaches the Town Board for a final operating permit, as they have an option to approve or disapprove certain items. The County Planning Commission wants a complete set of plans and details including ALL of your comments and conditions imposed. Should you wish I will be willing to sit in with you when the final action is drawn up to see that all items are covered." Yours truly, cc: Planning Board /s/ Howard Terry THE CHAIRMAN: We have a letter from Mr. James I. Monsell, Superintendent of Public Utilities of the Village of Greenpprt: Mr. Howard Terry Building Inspector Town of Southold Main Road Southold, N. Y. 11971 Dear Howard: Re: Eastern Long Island K.O.A. Enclosed are the following: 1.) Copy of contract between the Village of Greenport and K.O.A. for sewer service. A copy of the resolution authorizing %he Mayor to sign the contract (Special Meeting May 27, 1975). Preliminary water and sewer layout as prepared by Holzmacher, McLendon & Murrell, Consulting Engineers. We have approved the preliminary sewer and Wa%e~.~la~o~ut as prepared by the Engineers. We do not have final sp?'epeus~yet, and'bids have not been prepared. If I may be of further service, please call. cc: Joseph L. Townsend, Mayor Southold Town Board of Appeals -21- June 10, 1976 THE CHAIRMAN: We have a copy of AGREEMENT made the 27th day of June, 1975 between the Village of Greenport, N. Y. and Eastern Long Island Kampgrounds, Inc. We have the Village sewer agreement and various other items in the contract which do not concern the hearing tonight. We are also in receipt of various other letters. The following resolution of the Planning Board dated May 24, 1976 concerned this application~ RESOLVED that the aforesaid changes of zone are subject to the following conditions, to wit: (The conditions are the same as those in the original Zoning action of the Town Board.) No. 6: "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 recreational uses with no structures constructed thereon." THE CHAIRMAN: This is a little more detailed hut essentially contains the same restrictions as the Town Board. The next item is a memo from Mr. John W±ckham, Chairman of the Planning Board to: Supervisor Albert M. Martocch±a; Howard Terry, Building Inspector; Robert Gillispie, Chairman Board of Appeals; Richard Lark, Esq.; Robert Tasker, Esq.; Southold Town Planning Board members. Re: Kampgrounds of America, Inc. site plan "At a meeting held June 2, 1976 at which Mr. Howard Terry, Building Inspector, Supervisor Albert MartOcchia and Chairman of the Planning Board John Wickham was present, the following recommendations were made. Health Department approval will be necessary. A signed contract from the Village of Greenport to accept the sewerage will be required. There is a question about the gravity sewer on the north end of Queen Street. Maybe it should all be pumped since Queen Street ~hasn't enough grade. In addition to "foot path" map should be lettered "no vehicular traffic beyond this point". There should be a statement on the planting schedule that upper right hand insert i~ typical individual site planting schedule. There is no minimum height shown on the evergreen trees. Southold Town Board of Appeals -22- June 10, 1976 The Planning Board recommends that Queen Street should be widened to fifty feet up to the south side of the main entrance to the camp but not further. Suffolk County Department of Public Works will have to give approval for the deceleration lane." /s/ John Wickham THE CHAIRMAN: A letter from the Department of Public Works indicates that they have basically approved the application that was presented to them. Presumably that is in order. RICHARD LARK, ESQ. Yes. THE CHAIRMAN: There is also a letter from Holzmacher, McLendon & Murrell Re. Sewers - KOA Greenport; and a letter from the KOA people, signed by Mr. R. C. Wilton, re. what has been done regarding the June 3rd memorandum: pitc "The recommendations and actions taken are as follows: 1. "Health department approval will be necessary." Health Department approval was received, and copies of the approved drawings have been supplied to Mr. Howard Terry and Mr. John Wickham. "A signed contract from the Village of Greenport to accept the sewerage will be required." An agreement was made the 27th day of June 1975 between The Village of Greenport and Eastern Long Island Kampgrounds, Inc. and filed. The Southold Town Attorney, Mr. Robert Tasker~ has indicated this is a satisfactory contract between the Village of Greenport and Eastern Long Island Kampgrounds, Inc. 3. "There is a question about the gravity sewer on the north end of Queen Street. Maybe it should all be pumped since Queen Street has not enough~grade." Mr. S. C. McLendon P. E. has submitted drawings showing sewer line profiles which have been given to Mr. John Wickham. These drawings indicate that there is sufficient pitch in the proposed line to satisfactorily handle the wa st e. Southold Town Board of Appeals -23- June 10, 1976 4. "In addition to 'foot path' Map should be lettered 'no vehicular traffic beyond this point'." The site development plan has been modified to incorporate this recommendation and copies submitted to Mr. John Wickham Mr. Howard Terry. Se "There should be a statement on the planting schedule that upper right hand insert is typical individual site planting schedule. There is no minimum height shown on the evergreen trees." This has been added and copies provided to Mr. John Wickham and Mr. Howard Terry. "The Planning Board recommends that Queen Street should be widened to fifty feet up to the south side of the main entrance to the camp but no further." Eastern Long Island Kampgrounds, Inc. will comply. y. "Suffolk County Department of Public Works will have to give approval for the deceleration lane." Suffolk County Department of Public Works has given approval. A permit has been drafted by the County which is only waiting bonding which will be posted prior to construction. We have provided the required approvals from the Suffolk County Department of Health, Suffolk County Department of Public Works, and are under contract with the Village of Greenport for water and sewage, and have incorporated all the suggestions made by the Town Board, the Planning Board, and the Building Inspector's office. We hope that this will satisfy the requirements of the various offices of the Town of Southold and will permit construction to start upon approval of the special exception permit from the Board of Appeals. /s/ Richard C. Wilton President, E.L.I.K.,. Inc. THE CHAIRMAN: There is a letter from Mr. John Wickham dated June 10, 1976 addressed to the Board of Appeals: "I have met with Richard Lark, Esq. and Mr. Wilton Of Kampgrounds of America, Inc. We went over all the points mentioned in our memo of June 3, 1976 and they have been complied with in every respect. /s/ John Wickham, Chairman. Southotd Town Board of Appeals -24- June 10, 1976 THE CHAIRMAN: I spent considerable time at the Town Attorney's office this afternoon and the first thing he discovered is that the 600 foot buffer strip has been overlooked. I think there has been a misunderstanding. This is a site plan of Section I showing the 100 foot buffer strip. The 600 foot line parallel to Middle Road indicates that the swimming pool and the Administration Building are in the 600 foot line and all these campsites are in the 600 foot line, which the Town Board specifically recommended. In attempting to interpret the Ordinance, the way we see it, convenient access has to be available to each campsite... each campsite has to be on a 24 foot Town spec road. In talking to Mr. Wickham about this, I asked what would happen if a fellow drove up and had a big tent in his car. This section is exclusively for tents. There will be a sign here that prevents any vehicular traffic. He will have to lug his tent down the road. This is not for recreational use.., it's inhabited. The Administration Building is within the 600 foot buffer zone whether inadvertently or not, I don't kno~. Just before coming here tonight, I was talking to Mr. Wickham about this and he said there had been a misunderstanding... that he and the Town Board agreed that this 600 foot buffer strip would be eliminated, that it was impractical. If that's the. case, we have anothor ballgame but it seems to me that the Planning Board has approved a site plan which is in error. The Town Board requested a 600 foot buffer strip so for the Town Board to-take back their 600 foot buffer strip~ it will take a formal action. That is the reason why, at the beginning of this hearing, I told you we would have to recess. One of the main things we are concerned width is that all these tent sites should be approached by a 24 foot road. Foot- paths are not in our Ordinance. It doesn't seem to me that it · s absolutely necessary-to have a 600 foot buffer zone but, at the same time, the apPlication doesn't show what was originally intended a year ago. We also have questions with regard to what is planned as far as sewage is concerned. Some of the sites will be supplied with sewage dispOsal facilities and some w~ll not. I, personally, think that this ~s perhaps aM excessive buffer zone but there ~s no way we can make a decision here tonight. You .can take a ruler and see where the 600 foot line is~/As I understand it from Mr. Wickham, the ~i~u~e~o~y 24th ~re ~n error and will have to be corrected. T~er~ ~ill ~ve to be a special meeting to correct the minutes if that's what is intended. Southold Town Board will have to retract the 600' buffer. The way it stands now I don't see what we can approve. Southold Town Board of Appeals -25- June 10, 1976 THE CHAIRMAN: You have a triangular park area here; the people who park use over-sized camper trailers, much larger than automobiles.., are these people going to drive over here to take a shower, etc. RICHARD LARK, ESQ.: They will probably walk or ride a bicycle. With reference to the memo of June 3rd a copy of which I also received from the Planning Board Chairman, I think some of those things might be answered. THE CHAIRMAN: First, the resolution was in error. The intent was to have washing machines and a store in "Business" zone. The applicant did not need "Business" zone to run a trailer camp. In order to have that type of use "store, etc." it was necessary to request "Business" zone. The applicant took the advise of the Planning Board and the Building Inspector. As to sewage questions: In Mr. Wickham's June 3~d memo, he said "There is a question about the gravity sewer on the north end of Queen Street. Maybe it should all be pumped since Queen Street has not enough grade." Mr. McLendon wrote on June 7th regarding Sewers KOA Greenport: "We understand that there has been some question as to the desirability of the proposed gravity sewer on the northerly portion of Queen Street. We would have preferred for all of the sewers to be gravity, but grades did not permit this. We enclose the profile for th~ proposed sewers. You will note we have specified a gravity sewer as far south as grades permit. This will enable the properties, now and in the future, within this area to connect without additional gravity sewers. For the southerly portion of Queen Street, it will be necessary; ~ for any future sewer connections, to have a gravity sewer installed to the KOA lift station." ~ S. C. McLendon Holzmacher, McLendon & Murrell (There was a further discussion re. sewers.) The Chairman said that "you have to understand that a sewer line is 4 feet in the ground, there will be a half a foot pitch. There will be a pumping station. All the sewage is fed into there and will be pumped at that time." As you can see, the water line is here.., all sewage from tha~ point is pumped and gravity feeds into the main line. Regarding the two satellite buildings people using these sites here would go over to a satellite building; and people in this area (indicating drawing) would go to a similar one. They would walk. This has all been approved by the Health Department This is a revised Sewage and Water Plan. Southold Town Board of Appeals -26- June 10, 1976 THE CHAIRMAN: Is this what you plan to furnish before you start? MR. LARK: Yes, they have to be in before we start. This section here will be developed.., the same with the water lines. THE CHAIRMAN: (referring to drawing) Every lot will have a sewer connection except this? MR. LARK: Yes, because they are on the main trunk with the satellite. Some of these are self-contained units. THE CHAIRMAN: A trailer can be placed here 30 feet off this line without extending into the road. What's the longest trailer that might come in there? MR. LARK: 32 feet would be a typically large one. MR. LARK: The Planning Board thought this area here should be used for tenting sites. The parking is computed by the Building Inspector. THE CHAIRMAN: How long would the average motor home be? MR. RICHARD WILTON: About 25 feet. MR. LARK: This type of vehicle will be parked on indi- vidual sites. They tell me that when they move some of these vehicles on sites they leave them there and use automobiles to get around. THE CHAIRMAN: I am talking about motor homes, self-contained units° MR. LARK: Some of them use bicycles to get around. I also want to add to the application that this has been amended to comply with the Building Inspector's request and the Planning Board to show plantings . All utilities will be underground. There will be two satellites and this bUilding here. The pool would be right over here. MR. LARK: I believe you have read all the Other requirements and, as I understand it, their resolution has not been finalized. Southold Town Board of Appeals -26- (A) June 10, 1976 THE CHAIRMAN: According to Mr. Tasker in instructing the secretary to make up a resolution the same wording of conditions was used as the Town Board used. That is what caused the difficulty. MR. LARK: The other point is a question of semantics... the reason they wanted tent sites.., you could have the whole thing recreational. THE CHAIRMAN: It is habitation. Where the Planning Commission talks about tenting areas, it is well distinguished. So, I think a campsite is not a recreational use. It is a place to sleep. As far as access is concerned, we went over it very carefully. You have to have access at the tent sites. MR. LARK: The Planning Board disagrees because it would destroy the tenting sites. THE CHAIRMAN: The last word I had from them was that they were inclined to agree. MR. LARK: The density still works out. In this application in Section I it calls for 67. THE CHAIRMAN: How many do you think you want total? MR. WILTON: 140 is probably the lowest it could go and still be a profitable venture. THE CHAIRMAN: Does the Board have any questions? MR. SERGE DOYEN: Do you have temporary hook-ups for sewage? MR. LARK: Yes, from a trailer into a sewer line for when they are there for a weekend. THE CHAIP24AN: The major points concerning this Board are the access to the tent sites.., the difference between our in- terpretation and the Planning Board's interpretation. It has to be a Town spec road. The other thing is that we can't approve a subdivision without making sure that everything is complete and right. MR. LARK: I am submitting herewith a certified transcript of the Town Board minutes, pages 14 through 17 including the testimony of Mr. Jacobsen, Traffic Engineer. I am also submitting a copy Showing how he computed his results. Southold Town Board of Appeals -27- June 10, 1976 THE CHAIMAN: I thought you might have a figure. I am talking about exits and entrances, left or right. MR. LARK: The results show that it will not be a burden. The deceleration lane will further decrease any burden. THE CHAIRMAN: I thought previously that someone said everyone would walk. MR. WILTON: There will be bicycles for rental there. MR. LARK: Mr. Jacobsen made a traffic count of that portion of the property, CR27 and Queen Street, and from that he developed a study which we have here. It s~ows hourly variation of traffic volumes and number of left turn opportuni- ties. The other two pages of the minutes have Koopmann's testimony, and an Environmental Statement which I also ha~d to the Board. Both were based on 162 units. THE CHAIRMAN: Would you tell me how this traffic study evolved? MR. LARK: He started a count at 6:00 P.M. THE CHAIRMAN: What I am interested in is entrances and exits from the KOA camp. MR. WILTON: You figure each side three times a day, ten entrances. THE CHAIRMAN: What experience have you had across the country? MR. LARK: Their average from other campgrounds throughout the country, an individual would move three times a day. How- ever, some people would not move out of the grounds at all. THE CHAIRMAN: This means three entrances and exits. That's a figure that should be in the record. Are there any other questions? RICHARD LARK, ESQ.: Ail the information I handed to you tonight is for the use of the Board to meet various criteria of the Zoning Ordinance, Traffic, Environment.al Impact, etc. You have the testimony, pages 14-16 of minutes of the Town Board dated May 27, 1975, of Mr. John A. Jacobsen, P.E.; also the testimony of Mr. Richard Koopmann who prepared an environ- mental impact study on this project (pages 16 & 27). SHERLEY KATZ, Long Island Traveler- Mattituck Watchman: What if the Town Board decides that they will take off the 600 foot buffer zone? Southold Town Board of Appeals -28- June 10, 1976 THE CHAIRMAN: The Planning Board could act on it tomorrow. RICHARD LARK, ESQ.: I believe it will be a clarification, not an elimination. It will resolve itself, 600 feet from where it would include the buffer zone, etc. or is that a typographical mistake? THE CHAIRMAN: From the Town's zoning action it states: "6. 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 recreational Uses with no structures constructed thereon." MR. LARK: Where do you measure it from? It's semantics. THE CHAIRMAN: The line angles to Queen Street. I think where the mistake was made is that all of these things were interpreted as being unsuitable for a buffer zone. MR. LARK: There was supposed to be a 100' buffer in which nothing would be built or erected other than trees, and the main building was not to be closer than 600 feet to CR27. That's the way I understood it. I realize the language of the resolution does not say that. It complies but the language given the Board of Appeals is misleading. THE CHAIRMAN: You have to go by language. THE CHAIRMAN: Are there any other questions? (Mr. Richard Wilton read the following statement.) MR. WILTON: My name is Richard Wilton. I live at 2605 Deep Hole Drive. This is my wife Jean. "About seven years ago we purchased a travel trailer. As a family, we have traveled to FloDida, Canada, and parts of the Mid-West. We have stayed at over fifty different campgrounds. Some were KOA's, State and County Parks, and other brands of franchise type campgrounds. We were impressed by the KOA campgrounds in the ~way they looked, were run, facilities they had to Offer, and cleanliness. There is a need for a good quality campground on Long Island. A well run quality campground is a definite asset~.the community. For example: Southold Town Board of Appeals -29- June 10, 1976 1. It will promote tourism which is the essential to the area. The Campground will preserve the open space. When developed and landscaped the view w±ll be that of green lawns and trees. You must keep in mind that when completed there will be one main building and a satellite building only. To date over 1500 Japanese black pine seedl±ngs have been planted as noted in the planting SChedule. The campground will pay taxes, but will not add any children to the school system as there are no permanen~ residents. We are seasonal. Our season runs from April 1 to November 30th. Local people will be employed to work at the campground. According to ~OA statistics the average length of time spent at a campground is 3.2 days. Prom experience, it is not good from a business point of view to have people stay for more than one to two weeks." THE CHAIRMAN: Is that one of the conditions? MR. WILTON: I would enforce a two week maximum. I think the conditions should include something like that. MR. FRED HULSE: Why is that desirable? MR. WILTON: It's turnover...when they run out of money, they go. It's just good business. It is not only selfish on my part but it is also good for the local businessman. THE CHAIRMAN: How many local people do you expect would be employed at the campground? MR. WILTON: Ab.out 6 or 7 when it's fully developed. We need people to run the store, clean up, cut the grass, etc. "4. Because we have the facilities, the site could be made available in the off season for local groups such as the Boy Scouts, Girl Scouts, and other youth groups." THE CHAIRMAN: Regarding recreational areas...these are all campsites here.., if the kids want to play baseball... MR. WILTON: For the first year we have an area which can have swings for the younger children. MR. SERVE DOYEN: Would that be made a permanent feature? Southold Town Board of Appeals -30- June 10, 1976 MR. WILTON: Hopefully, in the future the recreational areas would be in front. That was part of the reason for a footpath instead of a road. It would be expensive to put in a 24 foot road now. Another advantage of the campground is that the site could be made available for girls scouts and boy scouts or other youth groups. It would be a benefit to have a place where youth groups could go. There would be no permanent residence on there at all. (Mr. Wilton continued his statement). "Before I purchased this site and while in the process of obtaining the change of zone, we had two important in- depth studies made. I was concerned and interested from not only a financial point of view, but from an aesthetic and conservation point of view. The first is an environmental impact study by Richard Koopmann. This report is a complete environmental state- ment which covers all aspects. This report concludes that there are no significant negative factors and that there are a number of positive impacts." MR. WILTON: This impact statement was made by a professional in the field. He spoke to many people out here. In back of the Impact Statement are the names of the people he spoke to. "The second study was a Traffic Study that used data obtained over the Memorial Day weekend in 1975. This report con- cluded that County Road 27 could handle the added recreational vehicles with no problem. To insure that there would be no problem a turn-off lane on County Road 27 has been in= corporated into the plans. Vehicles approaching the site £~om the west Will leave the existing County Road 27 and use the turn-off lane for deceleration." THE CHAIRMAN: Just in passing, how does this affect the number of people using our beaches? MR. WILTON: That would depend on whether the Town officials wanted to issue a temporary permit to people like this; about half of them might use it. Generally, the people do prefer to use a pool. If the Town refuses, there is a State Park. It's up to the Town fathers. "We also had a soil study done. The soil study revealed that there was clay under a portion of the area. I was told by experts that cesspools would not be allowed and a sewage treatment plant and municipal sewage hook-up would be required. The Village of Greenport and Eastern Long Island Kampgrounds, Inc. have a contract for the handling of sewage." Southold Town Board of Appeals -31- June 10, 1976 "The point we wish to make is that this site was selected because it is unused, has municipal water and sewage, and is in an ideal environment for a campground. 1. The topography is such that its view from adjoining property is minimal. 2. Its proximity to stores, restaurants, antique shops, fishing stations, etc. is ideal. This campground will be a family oriented campground and will be the most modern on Long Island. THE CHAIRMAN: It is unique as to site. It is more or less out of view of neighbors, and is also adjoining a sewage plant. "We have been working on this project since December 1973 and are looking forward to being open with Section I (One) this summer. The balance which is Section II (Two) we plan to have ready for the Spring of 1977. We believe we have complied with all the regulations and Ordinances and are hoping for a speedy decision on this request so that we may be open for a part of this Bicentennial Year." THE CHAIRMAN: We don't want to make the red tape any worse than it is now. MR. FRED HULSE: Will there be an apartment in the building? Will you oversee it at night? MR. WILTON: I plan to oversee it. I won't have an apart- ment. I will have a trailer on the premises. THE CHAIRMAN: Does anyone else wish to speak for this application? MR. GEORGE CAPON, JR.: I have been camping since 1968. I have been in some campsites where you touch your next door neighbors. The way this is planned out there will be I3Q feet between vehicles. If you go to any County Park you don't have 10 feet. I think these fellows are doing all they can to help the Village and the Town and I would like to cooperate with them. I have a petition of 160 names that is all "in favor" of the campground. Everyone lives in Sou%hold Town and the Village of Greenport. (Petition made a part of Eastern Long Island Kampgrounds, Inc. file - Appeal No. 2147). Southold Town Board of Appeals -32- June 10, 1976 MR. FRANK BRUSH: I have stayed in KOA camps in the United States and Canada. It is one of the best in-the United States. I don't think you can beat them. THE CHAIRMAN: I understand that this is a franchise operation like Howard Johnson and you pay so much for the fran- chise. MR. WILTON: You buy the franchise and pay annually. KOA inspects it periodically. MR. BRUSH: KOA has inspectors who come in unannounced. MR. CAPON: Two years ago I stayed in a KOA campsite on the way home from Florida. We went into the showers and it was filthy. I wrote a letter and three weeks later I got a letter saying the place was closed down. They give them a week to clean up. BETTY CAPON: We are all in favor. (There were approximately 15 people present to speak for the application). THE CHAIRMAN: I received a letter from Judith L. dated June 6, 1976, with a copy to R. G. Terry, attorney, stating: 1. "The environmental impact upon the wetlands at this site will be harmful to the birds and the small animals that inhabit the area. 2. The units for trailers will be an eyesore and a nuisance in regard to neatness and to the privacy of the adjoining owners. 3. Without a fence my property is subject to unlawful trespassing and dumping. 4. The traffic created by these travel trailers along the North Road will cause undue congestion and inconvenience to other motorists and Lo the residents nearby. 5. The liklihood of persons wanting to buy land for residential purposes near to the campgrounds will surely diminish. 6. The valuation of property such as mine can only decrease by as much as 20% to 30% (sources available upon request) if the campground is approved. (Letter in Eastern Long Island Kampgrounds, Inc. file). Southold Town Board of Appeals -33- June 10, 1976 THE CHAIRMAN: We have a fence provision as far as the Village of Greenport is concerned. RICHARD LARK, ESQ.: The entire thing will have a chain link fence. THE CHAIRMAN: Is there anyone present who wishes to - speak against this application? R. G. TERRY, ESQ.: I appear here at the request of Mrs. Fenno who with her brother A. Francisco, Jr. are greatly concerned about the possibility of this camp being detri- mental to their property values and the fact that there is no requirement of a fence. Children may wander over and dump their garbage there and while I know that people of this area are not of the calibre who would throw garbage around,never- theless, those throughout the country may not be of the same calibre. I think it is interesting that the Board required a 6 foot chain link fence to protect Village property but is not concerned with property owners. My clients are fearful especially if there are tents in the area. You can't restrain children, and some people will have dogs and they will want to run in the adjoining areas. It appears to me that possibly this project may be illegal in that the change of zone is nothing more than spot zoning, and is illegal. In addition to that this highway is a nice country road but with the increase in traffic I think you are going to need a greater width rather than a deceleration zone without consideration for the widening of the road which eventually I presume will be a super~3c highway. THE CHAIRMAN: They have considered that. This is a moving buffer. Mr. Wickham and the Town Board want a 100' buffer even if the road is widened. I guess all you have to do is move a few campsites. If the road is widened to 120' this will have to move back here. MR. TERRY: I think the road itself is inadequate from the County highway. THE CHAIRMAN: The deceleration lane starts narrow and gets wider. That will be within the County roadway? MR. WILTON. Yes. With the County's approval. SHERLEY KATZ: It eliminates the shoulder. MR. TERRY: However, my clients are concerned about the depreciation of proper~y values, the fact that this was all residential and agricultural, and the fact that nobody is concerned about a chain link fence but they think to protect the Greenport area that a fence is necessary. Southold Town Board of Appeals -34- June 10, 1976 It seems that where there is a situation like this the adjoinihg landowner should be protected by having a fence along the line that would restrain people and animals from coming over. MR. WILTON: This section here has a lot of trees and brambles that is almost impossible to get through. Three or four feet in we have plenty of seedlings. This is dense woods all back in here. MR. TERRY: Since you apparently are going to have to turn this back to the Town Board because this is spot zoning... THE CHAIRMAN: we are dealing with what's alreadY happened here. That woUld be a matter to diSpute with the Town Board. MR. TERRY: But you are participating, if it is illegal spot zoning, you are furthering it. THE CHAIRMAN: In a sense all zoning is spot zoning; all zoning has to start someplace. When you have an application like this that can only be placed in a few places in Town of Southold, particularly where they attach all these conditions... MR. TERRY: I think the Board has a right to set conditions if they wish to set them. But, at the same time, some considera- tion should be given to the adjoining property owners, SHERLEY KATZ, Long Island Traveler: In the traffic study was there any indication Of a caution light or a stop and go sign? RICHARD LARK, ESQ.: He indicated that was not necessary. There would be enough opportunities. When they define it in their language they call it "opportunities" MR. LEO SLEDJESKI: I wonder where the deceleration zone is going to start? (The Chairman showed drawing to Mr. Sledjeski MR. SAM MARKEL: Is sewage material being processed sufficiently for discharge into the Sound? It should be made suitable for discharge. THE CHAIRMAN: I don't know whether you were here at the beginning; the Village has approved. 15,000 gallons is not very much when you figure the average householder is figured at 450 to 700 gallons. It could go to 25,000 gallans and we would never know about it. I assume they know what they are doing. RICHARD LARK, ESQ.: They can control it; they will control it. Southold Town Board of Appeals -35- June 10, 1976 Mr. Lark (cont'd): In the summer time when there are a lot of summer people here they will be able to control the flow of this by holding tanks. If they can run their plant 24 hours a day they can do it efficiently. They can hold it where a house can not. MR. WILTON: This replaces the load from the oyster factory. THE CHAIRMAN: Are there any other questions? SHERLEY KATZ: Normally when people hook up into the Village sewer line they pay the cost of it and then I believe it is taken over by the Village. MR. WILTON: Yes, eventually they will own it. THE CHAIRMAN: There was something said about connecting up with the Nursing Home. MR. WILTON: We use part of the line and they are entitled to some reimbursement. It's done on a footage basis. MR. CHARLES GRIGONIS, JR.: I think the sewage problem would be less than in a home. MR. WILTON: Most houses are fed by 3/4"... these trailers are fed by 3/8" supply line. MR. SAM MARKEL: Part of this is zoned Multiple Dwelling. SHERLEY KATZ: There is a certain amount of danger. What about bicycle traffic ? If you are riding a bicycle you have to stay over on the shoulder. If there are cars you have to wait. THE CHAIRMAN: What time of day do these people usually check in? MA. WILTON: Between four and eight o'clock in the evening. THE CHAIRMAN: Do a lot of these people carry their own bicycles? MR. WILTON: Quite a few. THE CHAIRMAN: The Board is probably in favor of granting this application. However, we will have to recess until the points we have made about camp sites and the 600 foot buffsr line have been clarified. Southold Town Board of Appeals -36- June 10, 1976 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals RECESS the hearing on Appeal No. 2147, Eastern Long Island Kampgrounds, Inc. until further notice. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Hulse, seconded by Mr. Grigonis, 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, July 1, 1976, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Grigonis, seconded by Mr. Hulse, 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, June 18, 1976 at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday, July 1, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of John & Erma Gabusi, 58 Glenmore Avenue, Brentwood, N. Y. for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: S/S Peconic Bay Boulevard, Laurel, New York bounded on the north by Peconic Bay Blvd.; east by M. Roache; wouth by Peconic Bay; west by S. Spinosa. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigon±s, Hulse, Doyen. Southold Town Board of Appeals -37- June 10, 1976 On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.D.S.T.), Thursday, July 1, 1976 at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Frank Wills, R~d Fox Road, Box 371, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section III, Section 100-30 C and 100-32 for permission to construct accessory building in front yard area. Location of property: North side Ruth Road, Mattituck, New York, bounded on the north by L. I. Sound; east by Captain Kidd Subdivision; south by B. Vreeland; west by B. Vreeland. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:20 P.M. (E.D.S.T.), Thursday, July 1, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of John & Irma Hutter, 56600 Main Road, Southold, New York (Edward John Boyd V, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100~30 & Article II, Section 100-20 D (1) for permission to use existing building for business. Location of property: South side Main Road and east side Town Harbor Lane, Southold, bounded on the north by Main Road; east by Town Harbor Lane; south by H. Mattessick; west by D. Zi%o & Ors, F. Lennert, Q. C. Hurdle. The'meeting was adjourned at 11:50 P.M.