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HomeMy WebLinkAbout1217 TOWN OF ~OU~HOLD, NEW YOI~K ACTION OF THE ZONI~ BOAI~D OF API~EALS Appem No. 1217 (Rehearing) Dated August 24, 1968 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF $OUTHOLD To Clifford & Edwina Tyler School Street Cutchogue, New York DATE"~t'~--~, 1972 Appellant at a meeting of the Zonir~ Board~of Appeals on September 7, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special sxceptian under the Zoning Ordinance ( ) Request for a variance to the Zoning Ord/nance ( ) 1972 the appeal 1. SPECIAL EXCEPTION. By res~ution of the Board it was determined th~ a ~ec~l exception ( ) be ~anted ( ) be denied pursua~ to Article .................... ~n .................... Subse~n .................... para.apb .................... of tbe Zoning Ordinance and the dec.ion of the Building I~pec~r ( ) be reversed ( ) be co~med b~a~e 8:4~ P.M. (~.S.T.) Rehearing on application for Special Exception No. 1217 by C~ifford and Edwina Tyler to operate a travel trailer park or camp at North Side School Street, Cutchogue, New York. Premises boHnded north by Leisure Greens, Inc.; east by Kurczewski and others; south by School Street; west by Town of Southold and others. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (C) The variar~ce (does) (does not) observe the spirit of the Ordinance and (would) change the character of the di~trlct because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( be confirmed ( ) be reversed. . . fROVED Southold Town Board of Appeals After investigation a~d inspection the Board~fi~ds that applicant requests permission to operate a travel trailer park or camp at North Side School Street, Cutchogue, New York. The findings of the Board are that applicant has maintained a well-run trailer camp area as set forth in his original application, and there have been no complaints. The Board also finds that the Town Beard or the Board of Appeals can rescind permission to operate for cause. The Board agrees 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 districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. THEREFORE IT WA~RESOLVED Clifford and Edwina Tyler, North Side School Street, Cutchogue, New York, be GRANTED perm%ssion to operate a travel t~aller park or camp at North Side School Street, Cutchogue, New York, as applied for. Vote of the 'Boa~d: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. TOWN OF SOUTHOLD, NEW YO~K ACTION OF THE ZONING SOARD OF APPEALS 'Appeal No. 1217 Dated October 24'; 1968 ACTION OF THE Z6NING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Clif{ord.& Edw-ina-.Tyler ' School House. Road Cutcheque, New York · at a meetin~ Of the Zoning Board of Appeals on November - 7, 1968 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a sDeciaI exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) DATE D.ace. mlb. ex.. 5, 1968 Appelant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception (X) be granted ( ) be denied pursuant to Article .~,~, ...... Section ...35.0 ....... Subsection ....... ..4 ......... paragraph .................... of the Zonin~ Ordinance. and the deeisio~ of the Building Inspecto~ ( ), be reversed ( ) be confirmed because 8:15 P.M. (E.S.T.}, upon application el-Clifford'.and Edwina Tyler, School House Road, Cutchogue, New York,-for a special exception in accordance with the Zoning Ordinance, Article IIIA, -Section 350, Subsection 4, as applies under Article IV, for permission to operate a transient travel trailer camp area. Location of property: north side School House Road, Cutchoguei New York, bounded north by S. Kurzewski, east by A. McCaffery, south by School House Road, west by W.J. Baxter and others. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) and that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed. Bet~ Neville, Secretary be denied After investig~ti0n and inspection: t~e Board finds that the applicant requests permissio,n to operate a transient travel trailer camp. azea~ The applicant ~ns a lot 373 feet on the west boundary, 205 on the north boundary, approx/matelY 412 feet deep~' ~e condrete bi6c~~'garage that is. Occupying part of the property is located 110 ~feet from School House Road. The area that would be used for the purpose described in this application would be west and north of the concrete garage, ~ The plan shows spaces for 23 trailers. The area t9 be used is reasonably well bpffer~d by vacant business land,, as well as .vacant residential land. The Board finds that the public convenience and welfare and justice will be served and the legally established or .permitted use of neighbor- hood property and adjoining use districts Will not be permanently, or substantially injured and the spirit of the Ordinance will be observed. The proposed use being applied for is one of the recommendations made by~ the Raymond & May Assoc. Survey. Therefore, it was RESOLVED Clifford & Edwina Tyler, School House Road, cutchogue~ N~ew,Yor~,, .be. gran,t~d, pe.rm~ss, io.n to boperate a transient trailer camp are, a for a pe~riod of tw,o yeastS. At..the~e,n,d,o~ two years, the ~app!icant may a, pply for a renewal. This reneww1 will be by special permit subject to the approval of the Town,Boar~ and the,Hea~lth Dept. The Board of ~ppeals. finds it is their obligation to ~the Town of Southold to determine after,two years{ trial per%od, whether or not this use should be continued. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Offioe, Main Road, Southo!d, New York, on September 7, 1972, on the following appeals: 7:30 P.~. (E.D.S.T.), upon application of George Ahlers Builder, Inc., 250 Cox Lane, Cutchogue, New York, on account of Rev. J. Agria, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and 303, for permission to build an addition to existing structure with less than required setback. Location of property: west side of Wells Road, Peconic, New York, bounded north by simon; east by We~ls Road; south by Sims; west by Skwara. 7:45 P.M. (E.D.S.T.), upon application of William Worhle, 426 Mt.' Misery Road, Melville, New York, for a variance in accordance with the Zoning Ordinance, Article iii, Section 301, for permission to build addition to existing structure with insufficient side yard. Location of property: south side of Lake Drive, Southold, New York, bounded north by Lake Drive; east by Orr; south~by Great Pond; west by V. Ceechini. 8:00 P.M. (E.D.S.T.), upon application of Jean Ellen Dean, 8400 Main Road, East Marion, New York, as administratrix of the Estate of Elmina Brown, deceased, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than required area and frontage~ Location of property: west side of Bay Avenue, East Marion, New York, bounded north by Karas; east by Bay Avenue; south by Rose Legal Notice Page 2 and others; west by Radford and others. 8:15 P.M. (E.D.S.T.), upon application of Eugene McElroy, Topsail Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 300A, 2c, for permission to keep a horse on property with less than required area. Location of property: south side of Soundview Avenue, Southold, New York, bounded north by Soundview Avenue; east by Hahn; south by Dow; west by Dow. 8:30 P.M. (E.D.S.T), upon application of Mildred Laubengeige~ Old Main Road, Mattituc~, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to hold a yard sale on September 9, 1972; rain date September 16, 1972. Location of property: south side of Old Main Road, Mattituck, New York, bounded north by Old Main Road; east by M. Husing; south by K. Tuthill; east by M. Tekien. 8:45 P.M. (E.D.S.T.), The~Board of Appeals will hold a rehearing on application for Special Exception ~12i7 by Clifford and Edwina Tyler to operate a travel trailer park or camp at North Side School Street, Cutchogue, New York. Premises bounded north by Leisure Greens, In¢; east by Kurczewski and others; south by School Street; west by Town of Southold and others. Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: August 25, 1972 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: says that ...~.~.. is Printer and Publisher of t2Ae SUFFOLK WEEKLY TIMES, a newspaper pubMshed at Greenport, in s~d county: and ~at the noti~, of which the anne~d is a printed ~py, ~s ~en published in t~he said Suffolk Weekly Times once in each week, f~r ......... ~ ............ wee~ successively commencing on ~he ..~~ .............. . . ~%~W~ .......... Sworn to before me this . ....... ...... .... ....... Court, Stonybrook, New York, for a variance in acordanee with the Zoning Ordinance, A~ticle III, Sec- tio.n 304, ~or permission to con- struct new one family dwelling with reduced front yar,ff setback. Loca- .tior~ of property: no~th side Pine Tree Road and Billard Road, Cutch- ogue, New York, bounded north by Flora S. Luee and another, east by Billard Road, south by Pine Tree Road', west by W. KeSsler. 7:45 P.M. (E.S.T.)', upon applica- tion of Hugh Quinn; Old Field Road, Old Field, New York, for a variance in accord~ance with the Zoning Or- dinance, Article IH, Section 305, and Article III, .Section 307, for permis- sion to retain insufficient fron,t yard SeSback and sideyard on [existing buildin.g, and for approval of access i,n accordance with the .Sta~e of New York Town Law, Section 280A. Location of property: 'south side Jackson Street, New Suffolk, ,New York, bounded north by IJaekS°n Street, east by other lands of Quinn, south by othe.r lands of Quinn, west by J. Manning. · .-8:00 P.M. (E.S.T.), UPon applica- tkm of Al,bert AJbea-tS(~fl; Jr, Hot- LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of thei Town Law and the l~rovisions of the ~ amended ,Building Zone Ordinance l !o{the Town'~f Southold,. ,Suffolk I' County, Ne~ Yo~k~ public hearings I; win.be hera bY~ ~ ~]~.- d of ', the 'i~wn O1~ ~ Road, ,South- tons Lane, Southold, ~ew York, old, ~ew Y~rk/ ~n tAlovember 7, a v, arianee in accordance with the 1068, on the following appea~: Zoning Ordhnance, .Article III; Sec- 7:30 P.M. (E.$.T.), upon appliea- tion 303 and Article X, Section tion of J. Wilbur Smith, 2 Cara~iage 1000A a~ applicable tO Article IV for permission ,to set o~f less than1 100 ft. front lot for mixed occupan.cy building, location of property: north si,:~e o~ Main Street, South- old, ~ew Yea~k, bounded north by railroad, east by W. G. Albertson and ~iullea% south by Main Street, wes,t ,by G. Albertson. 8:15 P.~I. (E..S.T), upor~ applica- tion of Clifford and Edwina Tyler, School House Road, Cutchogue, New .York, for a special exception in ac- cordance with the Zonir~g Ordihance, Article IIIA, Section 350, [Subsec- tibn 4, as applies under Article IV ~or permission to operate a ~ransient travel trailer camp area. Lo.ea,tion of property: ,north sid'e School Hou,se Road, Cutchogue, ~ew York, b0u~d:.; north by S, Kurzewski, east-by A. ,McCaffery, south by School House Road, west by W. J. Baxter and others. Any person desiring to be heard an .~0he a,bove a~pplic~tio.ns should appear ai'tl~e time and place'above 'specifie,~ DATEDi" OCT~OBER 17, 19681' BY ORDER ,.OF ~ SOUTHOLD TOWN BOA/~D OF APPEALS ~ . , : , ltN1 COUNTY OF SUFFOLK / STATE OF NEW YORKI ss: NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of Southold, Suffolk County, New Y.ork, public hearings will be held by the Zoning' Board of Appeals of the Town Of Southold, at the Town Office, Main. Road, Southold, New York, on No-~ vember 7, 1968, on the following ap- peal~: 7:30 P. M. (EST), upon application! of J. Wilbur Smith, 2 Carriage Court, Btonybrook, New York, for a variance in accordance with the Zoning Ordi- nance, Article III, Section 304, for! permission to construct new one family dwelling with reduced front yard set- back. Location of property: north side~ pine Tree Road and Billard Road, Cut~! chogue, New York, bounded north by Flora S. Luce and another, east by Billard Road, south by Pine Tree Road,. west by W. Kessler. '/:45 P.M. (EST), upon applicationi Of Hugh Quinn, Old Field Road, Old Field, New York, for a variance in~ accordance with the Zoning Ordinance, Article II][, Section 305, and Articlei Iii, Section 307, for permission to re- tain h, uufficient front yard setback · and stdeyard on existing bmlding, a for approval of access in accordance with the State of New York Town Law, ~ection 280A. Locution of property:' south side Jackson Street, New Suf- folk, New York, bounded north by Jackson Street, east by other lands o! Quinn, south by other lands of Quinn, west by J. Manning. :8:00 P. M. (EST), upon application ~ Albert Albertson, Jr., Hortons Lane, :i~0uthold, New York, for a variance in accordance with the Zoning Ordi- :nance, Article III, ~ection 303 and · Article X, Section. 1000A as applicable tO Article IV, for permission to set off leas than 100 ft. front lot for mixed occupancy building. Location of prop- er fy: north side of Main Street, South- old, lqe~ York, bounded north by rail- 'road, east by W. G. Albertson and Mullen, south by Main Street, west by $:15 P. M. (EST), upon applicationt of Clifford and Edwina Tyler, School NOUSO Ro~d, Cutchogue, New York,/ for a special exception in accordance] with the Zoning Ordinance, ArticleI IliA, Section 350, Subsection 4, as ap-' pUes under Article IV, for permission tO operate a *transient travel trailer camp area. Lo~ti0n of property: north C. Whitney Booth, .Ir., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- mon once each week for .......... ~..~.~,4r.,~.. .... (:.,/.../). ......weeks successively, commencing on the ............ ~.~.../..~ ............... day of ........ .~...?=.~..'~../; .~. ......... 19.. _~ - ..~..?. / Sworn to before me this ........................ day of ........ ......... , Notary PubUc / ' side School House Road, Cutch6gue, New York, bounded north by S. Kur- zewski, east by A. McCaffery, south by School House Road, west by W. J. Baxter and others· Any person desiring to be heard on the above applications should appearI at the time and place specified. DATED: OCTOBER 1'/, 1~ BY ORDER OFTHE SOUTHOLD 'TOWN BOARD OF APPEALS ADELE PAYN~ Notary Public, State of New Yor~ Residiu2 in Suffolk County No. 57-3~;,11000 Commission Expires March 30, NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone .Ordinance of the Town of So'hold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on September 7, 1972, on the fpllowing appeals: 7:30 P.M. (E.D.S.T.), upon application of George Ahlers Builder, Inc., 250 Cox Lane, Cutchogue, New York, on account of Rev. J. Agria, for a variance in accordance w~n Zoning Ordinance, Article III, Section 301 and' 303, for permission to build an addition to existing structure with less than required setback. Location of property: west side of Wells Road, Peconic, New York, bounded north by Simon; ,east by Wells Road; south by Sims; west by Skwara. 7:45 P.M. (E.D.S.T.), upon application of William Worlile, 426 Mt. Misery Road, Melville, New York, for a variance accordance with the Zoning Ordinance, Article III, Sectipn 301, for permission to b~d addition to existing Structure with insufficient side-yard. Location of property: south side of Lake Drive,. Scuthold, ~ New York, bounded north by Lake Drive; east by Orr; south by Great Pond; west by V. Ceechini. 8:00 P.M. (E.D.S.T.), upon application of Jean Ellen Dean, 8400 Main Road, East Marion, New York, as administratrix of the Estate of Elmina Brown, deceased, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide p~'operty with less than required area and frontage. Location of property: w-~t--side of Bay Avenue, East Marion, New York, bounded north by Karas; east by Bay Avenue; south by Rose and others; west by Radford and others. 8:15 P.M. (E.D.S.T.), upon application of Eugene McElroy, Topsail Lane, Southold, New York, for a variance in accordance with the Zoning Or,finance, Article III, Section -~A, 2c, for permission to keep a se on property with less than uired area. Location of p~-operty: south side of Soundview Avenue, Southold, New York, bounded' north by Soundview Avenue; east by Hahn; south by Dow; west by Dow. 8:30 P.M. (E.D.S.T.), upon application of Mildred Laubengeiger, Old Main Road, Mattituck, New York, for a special-exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14,. for permission to hold a yard sale on September 9, 1972; rain date September 16, 1972. Location of property: south side of Old Main Road; Mattituck, Main Road; east by M. Husi,g; south by K. Tuthill; east by M. Tekien. 8:45 P.M. (E.D.S.T.), The Board .of Appeals will hold a rehearing on application for Special Exception No. 1217 by Clifford and Edwina Tyler to operate a travel trailer park or camp at North Side School Street, Cutchogue, New York. Premises bounded north by Leisure Greens, Inc.; east by Kurczews~' - and others; south by Seha Street; west by Town of South( and others. Any person desiring to be heard oh the above'applications should appear at the time and place specified. Dated: August 25, 1972 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ! 1~/~_ & ! 1MI¥1~ll~];' .q ,... ,Dp~.t0i~r~ ......... being duly Sworn. is Printer ~nd Publisher o! the SUFFOLK ,, newspaper published ~t Greenporto in said he notice, o! which the annexed is a printed New York, bounded north by Old thlished in the said Suffolk Weekty Times once in each week, ~or .......... o..n.e ............... weeks successively commencing on the thirty-first day of Augus ~ 19. -N~~... ~ ~.. ~, ........... ~. ;-~..-: .. ~.. ~.,: .,'~. ..... Sworn tq~egor~ methis ....~... I d ayof.~.~,~.~,~ 19~. ~ / ........ ............ Clks. No. ,,,~rc~ 30, NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Build~ng Zone Or- dinance of the Town of Southold, Suffolk County. New York, pub- lic hearings will be held by the Zoning Board of Appeals of the Town of Southold. at the Town Office. Main Rbad. Southold. New York. on September 7. 1972. on the following appeals: 7:30 P. M. (EDST), upton ap- plication of George Ahlers B~lild- er, Inc., 250 Cox Lane, Cutchogue. .New Tork. on account of Rev. J. Agria, for a variance in accord- ance with the Zoning Ordinance, A~ticle III, Section 301 and 303, for permission to build and ad- dition to existing structure with less than required setback. Loca- tion of property: west side of Wells Road, Peconic, New York, bounded north by .Simon; east by Wells Road; south by Sims; west by Skwara. 7:45 P. M. (EDST), Upon ap- plice.tion of William %Vorhle, 426 Mt. Misery Road, Melville, New York, f6r a variance in accord- ance with the Zoning Ordinance, Article III, Section 301, fro' Per- mission to build addition to ex- isting structure with insufficient side yard. Location of property: South side of Lake Drive; South- old, New York, bounded north by Lake Drive: east by Orr, south by Great Pond; west by V. Ceechini. 8:00 P. M. (EDST), upon ap- plication of Jean Ellen Dean, 8400 Main Road, East Marion, New York, as a~lministratrix of the Estat~ of Elmina Brown, de- ceased, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301 for per- mission to divide property with less than required area and frontage. Location of property: west side of Bay Avenue, East Marion, New York, bounded north by Karas; east by Bay Avenue; south by Rose and others; west by Radford and others. 8:15 P. M. (EDST), upon ap- plication of Eugene McElroy, Topsail Lane, Southold, New Yorki~ for a variance in .accord- ance with the Zoning Ordinance, Article III, Section 300A, 2c, for permission to keep a horse on property with less than required area~ Location of property: south side of Soundview Avenue, Southold, New York, bounded north by Soundview Avenue; east by Hahn; south by Dow; west by Dow. 8:30 P. M: ~EDST), upon ap- plication of Mildred Laubengei- ger, Old Main Road. Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, fox' per- mission to hold a yard ~ale on September 9, 1972: rain date September 16, 1972. Location of property: south side of Old Main Road, Mattituck, New York, bounded north by Old Main Road; east by M. Husing; south by K. Tuthill: east by M. Tekien. 8:45 P. M. CEDST), The Board of Appeals will hold a rehearing on apvlication for Special Excep- tion No. 1217 by Clifford and Edwina Tyler to operate a travel trailer park or camp at North Side Scheol Street, Cutchogue. New York. Premises bounded nm'th by Leisure Greens, Inc.; east by Kurczewski and others; south by School Street; west by Town of Southold and others. Any oerson desiring to be heard on the above, applications should appear at the time and place specified. Dated: August 25, 1972 · BY THE ORDER OF THE SO--OLD TOWN COUNTY OF SUFFOLK STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ..... ~..~.:(~....(.../...../.. weel~ successivel~mmencing on the ............. .~.Z~...~'~. ...... day of .... . . . . . N . AD~'LE Orary Public ,,. , ;, ~,~ ~e o! New Res,,/~: ,:~ ~;f/o,k County · :2':341000 COmmission Ex~ires ~darch 30. 197~ ~ £0¥~N O~F SoUT~tOLD, NEON YORK APPLICATION ~0~ ~PECIAL APPLICATION NO ' TO 'I~HE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. Clifford Tyler & Edwina :0~er School Street (We) ............................................................................................................................................................................................................................................... Name S~reet and Nmb~z C~tchogue N.'~ MunicipaLity ~ate hereby apply to TI-I~ ~ONIN/3 BOAP~D OF APPEALS foz a SPECIAL EXCEPTION in accardance with the z'omN~ o~n~c~ ~aT~C~ Art IIIA s~c~oN 3~0 subsection ~ as applie~ under Article IV THE SPECIALEXC~PT$ON,ml%EQUEST~DB~CAUSE: We wish to install audmaintain an over night place for travel trailers to stpp~ There are ne accomodations for travel trailers to spend a night er two in the Town of Southold, anywhere in the To~m. This form of travel is imcreasing each year, and accomodations for such travel trailers is essential. Our premises is zoned "B" business, there is ample area to ~®t up ~0 er %0 spaces ~with water and sewer ~acilities for each space. The property is not on the maim (State) road but is readily accesable te the traveling public and the business section of Cutchogue. A survey ef the property is attached~ and f~rther information will be smpplied at the request of the Board. ~TATE OF I~EV~ YOI:~'~ ) )as COUN~ O,F S~folk ) Sworn to *his ................2..~. .......... day'of ........... .Q~..t.. ........................ xg.....~.~. ......... ~No~ry Public t ~AR'/ON A. REGENT NOTARY PU//LtC, State of New York No~. 52-3233120 Suffolk County .,erin Expires ~rch 30, FORM ZB2 WILLIAM J. BAXTER, JR., et al= ROBERT W. GILLISPIE, JR., et als WILLIAM WICKMAM, ESQ."':': "-~'~""~ : ~" ..... ...... ROBERT W.~ S ~' ....... : ~"~ A~Corney .. for Petitioners ....... >~,~,%.[ ~ ~a'~n' R'oad .... ~- ..... '~-~": ~ "'~"~<~ e.~'~' ,,~,~.,~ ~'~S"~'~'cr=~:~'t ~'~"'-- ~ttituck, Eew. York .11952.,.:. ,..: ~ Oreenport~,~Ne~ York =~:, -, - . . ord ~ and .Edwi~ .. ~. .~.~er. ~r.:.~, ~' :.:-': F ..... ,~ r ..... - - School Hogse ~oad · esponaencs 'z'yzer to use a port,on of ihgir szae oz ~cnool~use Road. operatfon of a~ansienC Tratl~r- C~ s ......."" applicable sections of the To~'~ Area, pursu~nc"~d ~he~'- - ' -'~ ~ ' ':':."'~? :<~:~":~' Zone ~Sinance. ' T~'Ty~er~ reside in a ho~ located eas~ of ~he pu~oses. · ' . /-~ ::" :"> =:: ~?~'"Fet~tion~rs~ '~"~' :' '"~ ...... ~n:':~r6~-~~ .... ~jg~nt'; '"~"' :~:~ ~==~ '~'~0' "~he ~J~" ~ '~ pr~lses~;~:e~:~ ~!f~'~"r:, as : ~fll'f~ Ji"BzXter';. 'Jr-,, -~n~ a' small p~cel 'bn '~ ~:s~rl~' Side, c~c property and b0rderi~g the h6rth~rly ~bUn~y"'bf':'t~":S~b~C't";~ffe'~f~6s ~b ~'"30 Ztacre .,' ...':-' -; .... :...: -- _ owns"a acre parce~s- w~ch borders the east'erl~'~'d~-"bf '~' s~¥]e~' premfseb ~",f rv . ~ "' Under 'the ,~n,~ O~igi~ai- ~-," '-~,-.'- ,' .... ~- ........ , .... ZOning. OrdfnffnCe';:'e6~6fed ~fn 1957~ ~ ' ~11 '~of the ':'Pr6PertY~ '~ "'* ...... fi~"thd"'s~roundtng' ...... ' '" '"' .......... "::area,'"' .... ihcludfn~:' ~";" ~;'the'' '~Tyler'"~ premi'bes ,~":" ~" ~as zoned "A" ........ ' .... ' ":~" '"'~'" "~'~ "~":, ~;'-~,":,-~r ~c,r~s Resfdentfai"and t~icul~br~I. ' In ~rcH of 1958, tne SuDJecc ~" ~'~';' ~-?~ ~"~ ~" -.C" '~" ~2~='~' ~' ' ~U:~ %~'~O pa{Cel,'"gs 'well ~syroP6rty along the'''s0uth' 'side '0'f Scho01h0dSe' Road*" ' gar g ....... ~ , -...-," "~ .... constructed a concrete bIock' a e' ~ on their property and, for t~' past SUPREME COURT, SUFFOLK C.OUNT¥ MEMOR~.N. DUH VS. ltotion ~o'~53 1~o; ~ 198 SPECIAL TERM BY J..$. C. .D~ ATED ] 9 6 1965, upon the application of petitioners Baxter,, a parc, el of: land owned by trlct"."' ~xcept i~r. 'iaid<'~arcel, ~ Ease'hr' the' Tyler'reside~c%"and along both s[des sE School z . t ~n < s~l- Plots. Vest ~t soU~L"~.~ 'Se~0°~' ~'a'S~-: ~6ad':~S' ' property' ~ned ~*Y the Cutchogue Elementary Sc~oI, . ~-~:~'~'i-~use itself is on Depot ~ne, approximately 1000 feet from the Subject p'~cel;<"~- - :': ' ":-~'"' -,.~_ .7..,_,~: ~-:-,?.:.,~'t~o~e~_,,.__. . .... %~a'i~~ :<th~' ~rd' s '~e~s ~0. 'iS: ' (~)" ',o~ ~. ~[th the general purpose and intent of the Building Ordinance sE t~ (2) nsc [n the tnteres~ 0f ~M~'*public"health;:-Sa~e~Y and t~ general welfare '~etitione~S' t~~ ct~':i-t ~educes p=operty. ~ey-fur~hA~'c~ontG-nd'"~'~' th~ Tyle~i' failed - S~;,t'iOn, ~.' ,.~.-, ,-~ .... ~. ~.: .,. .... ~,.~ ..... appl~ca~ion indicates "~hat 't~' stafldar~S And , . ,. ~.--..~ ~. '..., - It s not disputed 't~t.und~r"the~ n~- 'B n "Zone'" nance, ;' *- ...... >.: I ' ?.,~ , , ' "uSed as" ltvtng'or"Sleep[ng ..... quarters ~'Ere*6~ :~"Se' :" ' located ~ [Articl~ · " .. ,: -=: ........... t ..... L.-{e~,~,,. ~?~'~ ?"' "~ '"6: L~ ~' ' '"-' i ~'seCk~;~ .100;' subdt~si0n ~a])., '~y~"be"Pe~ttted in a B.-Business -District MEMORANDUM SUPREME COURT° SUFFOLK COUNTY SPECIAL TERM BY J.S.C. DATED '%hen auth?rized as a special exception by the Board of Appeals'.' (Article III, ~ct~on 350, subdi~s~on ~; ~ttcZe IV, secE[on~00,' subdivision o~at~aace p~o~des that beEo~e approval oE such perish[ye use s~11 be given, the Board of Appeals s~ll dete~i~e: "(~) ~t ~he use ~i~l not pre~ent t~ order~ ~: -' '-'-~ a~d' r~asOn~b~e us~ ~f:'a~J~e~nt-'properties~ ia adjacent use "(2) TMC ~he use ~tll ~oC p~evea~ the o~derly ' * '--' and ;re~Soiable~ use~-~'~ttted:: o'~ l~'gally .~tablis~d.~P~.;~:' uses in the district wherein-the proposed use is to be adjacent use districts; .. the-c~O~t~.~theeCdnveni~a~e or the order of the ~ill not be adversely affected by the proposed, use and the general pu~oses and in~enC of this ~dtn~ce." Subdivision C(!)(b) of said Article en~erates ~elve separate items to be t~en into consideration b7 tM )oard in making its dete~inat~on, include,ag:,, t~, c~racter of the existing ,and probabl% devetop t of the area, ~o'n'servation-o~ pro~rtyval~es'~nd-; encouragemnC of most appropriate uses'-of the landI traffic'"'c'On~estionl":availabtlity of adequate'~'s'e~age facili?iesl ther' the: o~ed'bperatio'n wi If cause obnozious by-pr°dU'Ctg,: noise or undue interference ~fth 'the' orderly enjOy- parkinS:~aC~litt~s'~ ~tl[" be p~o~ded b7 ~he o~ner off the plot; potential ......... "' .... --.Over d{~S' oE land 'o~' undue concen- hazards Co life, 1tab ~ad'p~oper~yl c~o~ tration 'Bff:' ' v f~c[~hcy of ~he or' ar a; and whether it uoreasonabl~ ~e~r' a 'church ;~-scOot ~ 'theatre-, recreational_ areE 'or ocher place of Public' ~s~e~lY.~' Subdivision C(l)(c)-of th~'~ttcle directs MEMORANDUM SUPREME COURT, SUFFOLK COUNTY VS. SPECIAL TERM BY J.S.C. DATED 19 6 Board, in authorizing...such-,permts stye:uses ;';.to .k'._' J~pose i!such~conditions preserve;~d p=~Cec~:~the sp[=it and objectives .:::..~--)~e ~Town ~rd~n~ce~ relating, to-the regulation:of tour[st, trailer !nd.:houset~ailer c~s ~equires~.the* operator._of:such..c~ (1) possess a no~-Craasfe=abZe pe~1C f=o= ~ Depa=Caea~ o~ EeaZCh aad ~he To~n Board, subjecg to revocation for cause; (2) submit a plan shoving ~he area of t~ plot t° be used, proposed methods of garbage and sewage disposal and sources of l~ght ~d water supply, subject to approval by. ~he Bo~d 0f Health; (3) all~ aC least ~ x 50 feet ~= ~ea [o= each un{~ upon ~h[ch a CenC~ C~atler or c~p cottage ts Co be e~ec~ed:o~ placed; - (1) =a[n~a[n detailed =ere=ds, available [or {nspecCio=; (5) and pro~ a suitable plaaCtag a~ leas~ iive [ee~ high ~o sc~eea t~ trailer c~ from public lands-a=~ hi~ays, the location of ~ch shall be approved by the T~a Board. The decision of respondent Board, ~anting the application is as [ollo~s: "A~ter investigation and ~aspec~on ~- .. f~;/inds -tM~ .the.: appli~n~ ,~equests ;,p~si0n,; / ...... i tra~Steni travel trailer c~ area. ~e applicant owns. ~/~.::.: ~.- a Io~ ,373. fee~ On .the:west boun~ry~:-20! / ........ ~0u'nd~ry~ approximately 412 fee~ deep. j m~/.~.~ ~age t~ is'occup~ng p~t of t~ property( is'l~a~edaa i10 feet from School House~[~oad. ~ ~ea '/.'~;~ ~ ".used for the purpose described in-this-application ~oul~ be west ~d narCh of the conc~e'$ara~e. Th~ plan ~h0w's-' .... ~- ' spaces: ,. for 13 trailers~ -.;; T~. aa! to b~. -used is ~:r~asq~ahly ~~red by vacan~c business land, as well as vacant 'welfare a6d justice "wili be served gnd t~ legally establts~d or pe~i~ed use of,mei~0r~ood property. adjoinin~ use districts will not be pe~anently or sub-. be observed. T~ proposed use being applied for is one.. . ..... Survey. SUPREME COURT, SUFFOLK COUNTY SPECIAL TERM VS. J.S.C. · DATED 196 "Therefore, it was I~$OLVED Clifford & Edwtna '. · Tyler~Schbol'HOuseRoad,:.CutChogue.~ N.ew_.:Y_ork~b~.,~ ~ranted permission to operate a-transient trailer.camp .... area for. a period of two years.~ AC-the end of,two year~, the applicant.may apply for a renewal. .This renewal will -:. ~-~.-!: .be' .by.::special- permit .subject .to-the iapproval o~ .... ts their oblf~t~on~-.to.-,t~ T~n ;of Sou~old to 'dete~e afte= t~o ye~s', trial period, uhet~r :o~ :not this :use . .. application that'~their?ia~Pl-'would p~obably be open..~rom late fall and'~be 'equipped:wigh ~ater, sevage, electr~city, garbage d~sposal, fire ex~nguishers and :'.lavat~y. facil~ies .. '[ ~ch,~ p~uant~,tO i~the ._ordinance, will ~equire-approvaI by. the ,;:Board ,. of .~alth :and. the ~.T~n Board.]. :: ~t~r ~'-a~ee ~'to '~o~ly~ with '- all, standards ~osed. by,:: C.~ cordin~nce :and,;. impo by': conditions seal.: ~..,~ :':E;..";'L ~:~;'Th~;Only.:~party.'wh5 testified tn..':Opposition t..o ~he...appltcation Lark }~attorney for the_ petitioners herein,,; .~.-He_ stated..~thet although-., his ":elient~"':~rop'erty.'is'. ;now.~ev°ted to farmtng~ pu~oses, '; they ~ntic[pate' that"., it. ~i'll'~ be- used ~.for~ residential' purposes-; ['in ~ the.not .-Coo dis t~nt' future" I :..that"the;-.. proposed .trailer-: c~p -- !'will, in~biti any resale valuh t~C -{ the:: adJ ac~nt p~operty]"..: ~ght have and. ~ose 'town ~ith ~es~e'ct-~ to ~°ltCe protection' '.'.-. and' % 'age~ct~'b ,?- S'u~h ab the' lO,al ~' fire depar~eat"~.. [althou~ .. t~s.~ burden:: i~l~c~t' ~n t~ ~d~nce itself.~and not peculfar to t~ subject, premises] '; ~ ~...~ .~ ~' d. ~ *:: ... wh-en': asked 'by the~ Chali~nan whether the safety, health.,, we~lfare 'Comfort'and convenienCe or the order of the Town will be adversely affected by the proposed use;:'M~;.::Lark::repliedl'~.~' "No,-.. I can't. Say at I ~an"t :for*~cast· that'-)vat :becauseE'you are having the Cra~si. ent--.~'rai!er cf camp-adJ,'Cd~e to ;a" res'~dential'~a'r'cel that it is gOing to infringe upon:~ the pe~ple"s'~r£g~t :on the residential: parcal;,~The o~ners, o[ :.the adjacent SUPREME COURT,. S[JFFOLK COUNTY VS.. MEMORANDUM 453 SPECIAL TERM' BY" J.. S; C~ DATED 1.96 feel .that they viii have trouble,developing the land £or residential p~oses for resale values .because,o~ ~ tr~nsien~ travel.c~p,. '~t their ~ontentton., ~en asked ho~ t~ trailer c~p ~ould ~t~ residen- tial develop=ent of thh co~unfty~ ~. ~rk ~ep~ied: "It ~out~ inMbtt the proper~y values .., It. is felt by the ~ners off the property people ~outd not ~ant to buy a lot adjacent 'to'a t:anstent tratle~ .c~." But as noted by the applicant~ 'neither 'is the operation off,a public ~rase desirable next door to a residence. "~. ~k po&~ed ouC ~' ~he~e is a-public school about 1000 feet from the subject property, but none of t~ residents of t~-area or representatives of the school board ,or ~he church appe~ed in opposition. ~e ordinance prescribes no f{~ed distance bootee= a scoot and church and the operation of s t~aile[ cmp, It merely fliracts Board to '.'stye consideration" ~o "~the= the use to be ope=ate~ ~s un- reasonabl~ near to a church lot] schoOl" (~icle VllI~ section.801 C, (b) (12), emphasis supplied). With respect to the proximity of the.school, so;etOn; have to be to a ch~ch o~ school to be a hazard to it, ~ouit tt ~ i~O[feet, 200 ieet?' ?o t~t, '~. ~rk ~eptted: . don't knov." ~ht lea&slat&ye body ~h&ch enacted the ord[ua~ce tn~ended ~h~ no ca~p s~lt be located lO00 Eeet Erom a church or '~'ChSol;' the sect!on uould have said so. Instead~ tC relegated t~ decision to ~he discretion the Board. .................................................... ~"--' The court ~s inspected the site involved in this application as well as the surroundinE a:e~. In my opinion', the extitin~ operation an unsiEhtly Earase and ~asoline fillin~ station, cluttered with Junk and ........ ~ ..... fha ~"~e r~latively peaceful =~aX c~unity. Xt f8 difficult to ~gine b~ ~y MEMORANDUM SUPREME CO_UR'[. SUFFOLK COUNT:Y' SPECIAL. TERM BY.' J.. S:. C.. DATED.. 196:, change from the present operation and untidy appears,hca of the premises would not be an improvement, ' Althou§h it may Well be that this, court would prefer ~o~ Co see a trailer c~ located aC ~s Par=icUlar.at~ or anthers else t~ this parttcutsr a~ea~ the quest&on before us &s ~ot a matter of personal preference but~whether t~re is s~ rational basis for the Bond's decision tn ~anting ~he pe~. On an appt~catto~such as this~ the cour= ~ay not subs=/tute its ¢ud~ent either for the body ~hich enacted the ordinance or t~ a~&n&st~attve asency ~an~ed t~ pe~&t. ~ ordinance is presumed valid ~d the dec&sion of ,~ '. .... ~ ~.~;~ -. "~* ,~...~:::, ~,~ ~Z.. f,~; ~'~ t ~ '*" t*~~ '~: .... ~ .... ~ ~-~-~ t~ Board ~ay no~ be geve=~ed u~te~i tt t~ ~o Unreasonable a~i that it is illegal and~ t~refore~ void. ~he~e a zoning o~d$nance, such as &a ~h&s case~ au~hor$zes a "special ~cepCion" or "special 'pe~it" subject to a~inistrat~ve approval, what ~s involved is a use ~hich ~s Perilled rather than proscribed ~ the zoning re~ula:tons and~ for t~t reason, i~ses upon the Soar~a as watt as the applicant, a du~y and burden entirely differe~ t~n ~ applicatio~ for ..... ~'~"~'~''~ ~';<3 ~V~'~'~2~ '~ a variance~ (Anderson, Zmerican ~v of Zoning, Vol. 3,_ ~15.¢~, 15.1~).. In the laCCe~ case~ the Board's pose= is to be sp¢~ingty exercised and .only. in rare instances, based ~U.p.o~ unique circumstances and a showing of unnecessary ~rdship. But no such proof is required .for a special; exception pe~it. The issuance of such a pe~it ts a du=y ~ upon the Board., once 1~ ts shoun ~ the proposed use ~ets the s~anda~ds prescribed by the ordtnaoce (F?~tl5 ~o~s~l~aC[o~.Serv&ceL Inc.. F. RowerS, 14 Mist,id 194, 176 N.Y.S, 2d 707). *" * ~* - ~*-' ~:c.~:¢g ~ ~ ~-"' ~-,:.", ;:'.: ~ denial of a special e~cept~on pe~tC, may not be founded,, _ upon conclusions which ~re spec~laCive, ~enCt~nCal, personal, vague ~= merely an excuse to prohibit the use requested. For ex~ple, the decision ~ ~ ~ .... ,- , ........... Z '' r,u~,:~¢~;~'~' ~*~ , .... ~ pc~,iic by a zoning bo~d of appears .hich stated t~t a pe~it for a club &na -.'~ ~OI~M 91B MEMORANDUM SUPREME COURT, SUFFOLK ~OUNTY SPECIAL TERM ,BY .J.S.C. OAT.ED ~ 96 residential area "would destroy the rural, bucOlic atmosphere of the subject premises and its immediate vicinity without regard to the present, existing and probable future development of the Town ... and would not be in accOrdance with the present proposed comprehensive zoning plan of the entire town" was reversed on t~ ~und the denial uss arb~tr~y an~ unreasonable (N~w ~rton' Village Pool b Recreation Assoc. v. T~n Board 'of 9yster Bay. 21 MtsC.2d 987. 188 N.y,S.2d 348). ' ' Similarly, t~ n~ed claim t~t the use will ~ve a tendencY' to depreciate adjacent lands is insufficient to deny a sp~ial pemtt~ particul~ly.w~re (~s in t~s case) there is no"showing tht' the existinS use does not tend to produce a sim[l~ ~ffect; 'nor may such a'pemit be denied on the ~ound tMt t~e use may'be so conducted as to'~becme a nuisance; and ~le t~ facts disclosed by Objecting landowners should be cOnsidered. by the Board, even c~ulatively, they afford no sound basis for denial (Anderson, ~erican ~w of Zoning, Vol. 3, ~15.24, 15~27). ~ere, as ~n this case, the recor~ contains no evidence w~ch controverts the applicant's testimony ~g he is re~dy, willing and able to meet the standards of the ordinance, the board's refusal t° ~ssue the pe~it or &-rant the exception will be reversed by the courts as an abuse of dis- Cretion (Anderson'v. Board of Standards & Appeals, 82 N.Y.S.2d 206; Larkfield Equities, !ncl v. Larkin, 181 N.Y.S.2d 684; Krust v. Hill, 212 N.Y.S.2d 981).: True, this court has the power to reverse a~ decision which is arbitrar~, unreasonable Or capricious, ~ug where the evidence is quest'ionable or conflicting, the board is entitled to have the doubts resolved in its favor (Anders°n, Am~ricln Law of Zoning, Vol. 3, 1i5.17). It should be noted that while some zoning ordinances require the applicant to prove that the permit is necessar~ for the' ~ublic con- · ME_MQRAN LJ_ .M. SUPREME COURT, S_U. FF~LK ~Co_.UNTY .SP_E _CIA. L_ TFRM DATED ~','v .* 196 ~ use does .~ot ;ad~elrs~l~ 'affect luch considerations' ....... "'' :SuBd%~s[on..C[l][a]);.[~.'i-~ respondents ~[~" ~e not" &Vea the aspec~ 6f"~2 'requ[r~nt~'-PeZ[2ioaers surely ~ve not proved Zhe pos~Zive. But-s'[nC~ t~ "pe~[2 is ooly for a ~o year Zrial per[od~ bo~h sides ~y a~ain have an .op~ort~ntt~ ~o be ~d~ tn ~he e~ent the T~lers ap~[7 Jot ~e petition is dismissed On the condition t~t t~ ~anting oE the special ~cept[on 'aC t~s 2[~. s~l~ neither be uzsed,by c~. Tyle~s, nor relied on by respondent Board, on~ny subsequent application for a. t. - '" "~, ;~ f :L ~: :~'~;.':'~J:; !~ ~/.~:~; ~_~'. .... ~a!'~.~>.~.'-,'~ ~f~ ~;;,'~ iY:~'~-.~'-.:~: ~. ;_ rhnewal at ~he expiration of th~ two ~ period.,.; If such application then made, i~ s~ll be subject ~o d~s~osi~ioa 'ia accordance,riCh, 2he,pre- vailing zoning ordinances as ii b~ou~ de novo. Se~le Jud~en~ accordingly. Southold Town Board of Appeals -ll- S~eptembor 7, 197~~ REH~Ri~JG: 8:45 P.M. (E.S~.T.), on application for Special ~xception ~/1217~b¥ Q,~f~o~,~ ~'~ E~w~ ~'~ to operate a travel trailer park or camp at North Si~2choo~ Street, Cutchogue, New Yomk. Premises bounded uo~th by ~is~re Greens, Inc.; east by ~rczewski and othe~s; south by School Street; west by Town of ~outhold and othe_~. ~o~ C~- ~cD-~ -~.~ (Tho Chairman read the Action of the Board on the original appeal dated December 5, 1968. The appeal was granted for a period of two years.) TiTS CH&IRI~iiN: Is there anyone present who wishes to speak for this application? ~. CLIFFORD TYLER: I don:t know whether you have had any complaints ~oa.ns~ my park so I am back to get a :-enewa!. THE C}L%~II~0~N: looked very good. We looked at your "~ p~.~ today, and found it TYLER: Why do I have to ask fo:. another renewal? T??S C}L~IRi%~.N: We have an obligation to keep track of conditions at the park but I~.~ not sure that we do have to ask fo-~ a renewal. MR. HOWARD TERRY, Building Inspector: one revie'~Y. The court only ordered TI-rS CHiIR~%N: Is there anyone pres®ut who wishes to speak against this application? (There was no response.) Aft~ investigation and inspection the Board finds that applicant requests permission to operate a travel trailer park or camp at North Side School Street,Cutchogue, New York. The findings of the Board are that applicant has maintained a well- run trailer camp area as set forth in his original application, and there have been no co~mplaints. The Board also finds that the Town Board or the Board of Appeals can res6ind permission to operate for cause. The Board agrees 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 districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. ~outhoid Town Board of Lppea~o -12- September 7, 1972 seconded by Mr. Grigonis, it was On motion by Mm. Gillispie, RE~OLVED Clifford and Edwina Tyler~ North Side School Street, Curly,cone, New York~ be GRANTED permission to operate a travel trailer park or camp at North ~ide School Street, Cutchogue, .~lew York, as applied for. Vote o£ t~ Board: Ayes:- Messrs: Oillispie, Bergen, Grigonis, Hulse. real estate broker consulted me as to ~.na~ under tho present ~ was not suitable a conference. They ~pprox~ma~e~y 1200 sq. 9:00 P.M. - Informal conference with L. Price, Esq. ~e. conditions of Action of tho Board on ,al No. ~62~, Alan Cotgregve, Huckleberry Hill, East Marion ow York. ~. PRICE: I epresent Mr. Tony Sc Ho hgs contracted to put'chase subject clarification or ~hange in conditions under which the variance s granted. ~h~. a~ l~'~s. S~carmotto camde out ~ ~nown thisproperty by a · ~om the city to buy ,roperty and ~ ~ fell in love ',h the~view. When they' conditions of ;he variance it became apparent ~ ~.~ their plans were approved, ..end it i OhS, o ~ was the .eason for my letter asking for lik~ t~ se tho large house, which has ,.as year round residence. Tn~ C I~. ~F~N: Do MR. PRICE: The tota'] approxi~ately 3/~'~ acre. as a year round residence. is restricted to eight senti able to improve those and four ~.aonths of the year. THE CHAIRMAN: Our increased density which >se to ~y the whole the new purchaser will buy is would like to use the large house to the two small cottages whose use of the year~ they would like to be them as guest houses for the other in restricting was because of the ~cur if these structures were changed into year have constant problems with summer cottages b [nt~eyoar round residences. The purpose was to preven these two ;ottagos from becoming year round residences which won'. in ~ be ti~-oe residences on one acre. MR. ANTHO}U£ $,CARME~T0: We lild9 this property. The title has no restrictions. We are basically ~nly looking for a residence of our own. We don:t particularly want\to z~ent these two summer cottages to anyone, if they are empty in the summe~ we might yont thcs ~ut if my-m~ther wanted to c.ome out we would like to nave a ~ ~ ~ ~ sta~ without havzng to ca anything. I am not o.ac¢ fo. he~ t~f y ~ ' ~ i ~Y '~co~,~ ___fo~ ~e_,_v a~ round renoal.- I real!~y don~t want to rent these at all. I woq~d like to have them as guest houses so I could invite family' out for Christmas. If I wanted to open one of the cottages up, I don~t think that would bo a big problem. bemmmAe~e m eamw~e mm ,maea~. ~mee {mmm m lmm, em, ~ md wtmd~m~ mdmma4 imm&udm ~~ifed mo 1,~m~rm ,to mo mt, lMM ~ m emf mmel~~ wflblee.) ~ %TLI~. Jtle I 1'4,8. C]~tebl~ L. (; (. I~' ~O~fTHOLD TOWN BOARD OF A~9~,ALS MINUTIgS OCTOBER 2, 1958. A regular meeting of the Southold Town Board of Appeals was held on Thursday, October 2, 1958, at 8:00 P.M. in the Town Clerk's Office, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr., Chairman; Robert Bergen, Herbert Rosenberg and Charles Grigonis, Jr. Absent: Mr. ~erge Doyen, Jr. Also Present. Mr. Howard M. Terry, Building Inspector. Minutes of the September 25th meeting were read. On motion duly made by Mr. Bergen, seconded by Mr. Grigonis, and carried, Minutes were approved as submitted. PUBLIC HEARING: Appeal No. 102 - Application of Clifford Tyler, Main Road, Cutchogue, N.Y,,for a special exception under the Zoning Ordinance, Article iV, Section ~00, Subsection 9, to permit the erection of a new garage to store and mmintain school buses and Telephone Company trucks. Fee paid - $15.00. The Chairman read the application for the special exception, notice of disapproval by the Building Inspector, legal notice of public hearing and affidavit from the official newspaper attesting to publication. Chairman: Is there anyone present who wishes to speak for this application~ Mr. William Wickham, attorney for the applicant, presented the Board with a copy of a map of the premises in ~uestion which he though~t, he Board might like to keep as a part of the file. Mr. Midgley and Kr.-Horton, builders of the proposed garage, submitted plot plans and building plans which had been approved by the State Depertment Of Labor. Chairman: Is there anyone else who would like to speak? If not, I would like to asr a few questions. Mr. T~ler, do you own this property now? Mr. Wickham explained that Mr. Tyler had commitments from Mr. John Wickham and also from the Bank to finance the transaction after approval of the Board of the special exception and also on approval of the State Department of Labor. Chairman: How many vehicles will be housed in this garage? Mr. Tyler: Anywhere from 12 to 1~ and this includes school buses and the Telephone Company trucks. Chairman: Mr. Tyler, will you sell gas to the public? Mr. Tyler: I doubt it very much as of now, Later on I might be able to if everything goes alright. At the present time the pumps will be used only for supplying gas for the trucks and the garage business will be confined to the school buses and trucks only. Mr. Rosenberg asked Mr. Tyler about the repair work that wo~ld be done and whether that work would be done inside the garage. Mr. Tyler stated that all repair work would be done on the inside of the .garage and that at night all vehicles would be stored in the garage. '"~o~thold Town Boqrd MINUTES~ Continued of Appeals October 2, 1958 He stated that during the day when the school buses were used they would probably be parked outside of the garage but that at night all buses and trucks would be parked inside. Chairman: Is there anyone who wishes to speak ag, inst this appeal? The appeal was unanimously granted for the special exception to erect a public garage, primarily to house and service school buses and Telephone Company trucks, 100' x ~0', to be located 20' from the east sideline, ~O' from the west sideline and 100' from the proposed extension of School Street, at Cutchogue, New York. It is stipulated in granting this special exception that the owner, Mr. Tyler, will not operate a gasoline service station on this property and i~ is further stipulated that one sign will be permitted on the south faceof the building in accordance with the Building Zone Ordinance. It is also stipulated that no major repair work will be conducted outsideof the building and that no automobile wrecks will be parked outside of the building, A tentative date is scheduled for the Joint meeting of the Town Board, the Planning Board and the Board of Appeals on October 1~, 1958, at ?:30 P.M. This meeting to be held in the Town Clerk's Office in Southold. The next regular meeting of the Board of Appeals will be held on October 9, 1958, at 7:30 P.M. The meeting adjourned at 9:30 P.M. Respectfully Submitted, Grace B. Meyer Secretary Approved: Robert W. Gillispie, Jr. Chairman Board of Appeals October 9, 1958. IIII I IIII I Ifil I II IIIII IIIIII II II III I II I I I I II I I I II III IIIIIII111111 II C Get~ber ~ X959 ~ESOLVED fha& ~he applieat~toa be gz~_~ed w~th $~e eanditio~ ~lmt t~o Lufo~ma&ica on t~e si~n ahalX b~ l~Lted lng ~o that effeo& may t~ used on tho sign. Voto or the Boardt Ayeat- Hr. OilLtspioo Hr. Rosenborg, Hz. Orifonis, and Mr. Doyen. CHA~8 ~or the z*eaord X vould Xike to saY, ! think sane people in the additional adverti~lag on m~teX aad reeCam, ant d~eet~mX ?he ~ opmod tho hoarin~ by roadin~ ap~lteatioa rot a opee~l exception, XegaX ~otioe o~ lae~urilll~ ~ affi~avit attest~ug ~o its pubXleati~a in the offloiaX ~lWlplpe~. AXeo oral Tyler, zootdtnf a~ Cutehoguo,and Sunzise Coach Lines, l~_e., a domestic ec~po~a~Ion having ira ot'fiee ard p~ineipal plaoo o~ buoiness at Gz, mm~r~. CHAI~s b thore anyono present who wishos to speak for this application? 8ou~hold To~n Board of Appoals -10- Ootobe~ 22, HR. R~t How many bufoo do you ezpoo~ to they bo thOr~T HR. EALIH~ I)u~u~ tho lO mon~h sehool 3m~zt fred at. tho end of the sehool year Me b~tnf thom to G~enpoz~. 90 r'c, to be oc~fo~blo. That v~l! be ~ or the lot. HR. l~O~~s Tho~e ~ be no meohan~eo~ ~op~r I~R. l~O]~qT BR~o OTeonpo~'tt ~ov ¥ol*k, FToo~dol~tt B~lrl~oo Co&eh L~uos, ]:no.s 8e~v~ee ~o f:Lven to ~att~tuek and Cutehofuo 1~ these buses. gR. It~F~ROs Those o~e you~ 1roses up thoz~ nowt The ~ z~ad ~o ~ofula~ons and conditions a~ gas ota~ons. 8outhold Tram Board o£ Appeals The £ollowin~ eondttton~ a~e also imposedt 1. ~o ma;Jo~ ~opal~ work shall bo pe~£onaod in ~ho opon. 2. Pt~ps, Xub~ioating and otha~ deviees ~ha~l b~ X~eat~ at least fLfteea (1~) feet ~ the ltze ~f aW almeet o~' hlghva~ ~i~ht of va~ o~ p3Y)pe~t~ line. All fuel oil oF mleAla~ eubetaneew aball be itm~d a% Xeae% fift4en (X~) £ee% ~is~an% f~c~ aay~ mta~e% oz' lot line. Vote oX' the Boards- A~st- ~. Gillispie, ~. Beton, Rosenbez'[, ~. ~igonlo, and ~. Doyen. The minu~os or the meting of 0etobeF X~0 Xg~t on motion or HF. BoFgen, seoonded b~ l~. i~oaenbex, gs and oax~iodt Me~e apl~oved as sutmt~l. Vote of ~he Bott~t AFest- ~. Gillispiet ~. BeFgent Rosenbe~g, ~. G~i~on~s, amd ~r. DoFen. ~te Chaixmm repoz~ed on his meeting of Oetobe~ l~th at the Covaty Cente~., ~iverhead ~elative to the fc~th~ Zoni~ Bmod Convention to be held Deeembe~ ~, l~__lOt~O A'.M. at the Patehogue Hotel~ Pateh~, New Yo~k. A Xette~ ~ o~de~e~ fea~ear~od to the Team Boal~l advising that alX aeabe~e of' ~ ~ of AppeaXo and ~. Terry and ~a~. Bok~ have indicated & desire te at$~a~d ~hte oc~vention a~d the :lnd:tv:ldual ~egZe- t~atlon fee 2e S7.~0. It vu ~equeated of the ~m~ ~ma~d that a eheek d~a~a t~ ~. ~ose~h P. PAoaski, Chai~n,~ Boa~ genventi~ in the a~nt of S~2.%0 be fomeaz~ed t~ this Boa~ £o~ trm~aLttaX to ~f~. Aonski as p~o~ptly as poawiblo. The next ~eetin~ of the $outhold To~n Board ~f Appeal~ Cle~,s Of£iee~ Main Road~ Sou~hol~ New ~ork. ~eting adJemwned at 10~1~ P.M. Judith T. Bokon, S eoFe~y /- -' ltIiit m o mmasnt ~ Imm t~ imm M4Mmb if m mira. m~, ,,~ mm~ lammimmmia~m m llmelm, t~J · ~t C~l~m W%~mm mmff l~mmm~ wdm Em t~mw m ll~ J~~m~oMIm llml lkmlm~, llmn leal lemm~ Iklll m~ Im mmm~ m mi la~, amm~ % ll m £m~ ~it~ m. u~m 1~ m~ mmM & pi~ up amm~. lam) imm i ~ h lmld mm!l~ C .%