Loading...
HomeMy WebLinkAboutFinkle, Myron & Philip - Denied So thold To vn Bo.rd of APPEAL BOARD ME/~BERS Robert W. Gillispie, Jr., Chairm~ Robert Charles G~igonis, Jr. ~o~e~be~ ~ ~ S~rge Doyen, Fred Huls¢, J~. Supervisor Albert Martocchia ].6 South Street Greenport, NY 11944 Re: Finkle; Public Garage and Gas Station, Orient, N.Y. Dear Al: Mr. Finkle requests assurances as to whether the above premises can be replaced in the event of destruction by fire or other catastrophe. The Ordinance provisions read as follows: 100-118 E - A nonconforming building may not be recon- structed or structurally altered during its life to an extent exceeding in aggregate cost fifty percent (50%) of the fair value of the building, unless the use of such building is changed to a conforming use. 100-118 F - A nonconforming building which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. However, my belief is that either this Board or a future Board would want to favorably consider re-establishment by variance of the business in order to provide continuing services to the people of Orient. For the record, Mr. Finkle should submit to the Board a current survey showing the size and location of all buildings and acces- sory structures as well as a complete list of the services he provides. Page 2 - Supervi ~ Martocchia As you know, a special exception is a required exception where the applicant meets the Zoning criteria. Very truly yours, Robert W. Gillisple, Chairman, Board of Appeals RWG:med WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by M.~..r...~.~...~..~`~.k~..~.~...~.d~...?..h...i.~..i.~...M..:...~...i..~...k.~. ...... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a port thereof by chang- "A'' Residential & ing from ....... ..Ag.r...i..c...u..1...t..u...r..a..1.. ....... District to ..'~..B..-.~l~....G..e..~.e.~f~.l....~..u..s...iness District the property described in said petition, and WHEREAS s~id petition was duly referred to the P'lanning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ..~..2.~;..h. ........ day of ........ .0..G.t...o..b...e..r. ................ : ...... , 1976 and due d h ........ , e 'beration having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, anditherebyis DENIED. This proposed change of Zone £rom "A" Residential~d Agricultural District to "B-i" General Business District would be considered spot zoning. Further, the relie£ requested is available through application to the Zoning Board o£ Appeals. BY ORDER OF THE $OUTHOLD TOWN BOARD. JUDITH T. T~RRY, TOWN CLERK November 24, 1976. lO/1 /76 CHANGE OF ZONE APPLICATION #229 - MYRON & PHILIP FINKLE A public hearing was held at the Supervisor's Office, 16 South Street, Greenport, New York at 8:00 p.m. on the application of Myron Finkle and Philip M. Finkle for a change of zone from "A" Residential to "B-i" Business District. The property is located at Orient, New York and has the following adjacent property owners. N - Helene Schmitt E - Helene Schmitt S - Main State Road W - Estate of Harry Terry Present at the hearing were: Supervisor Martocchia Justice Surer Justice Demarest Councilman Rich Councilman Homart Justice Demarest read the notice of public hearing. He presented proofs of publication from the Suffolk Times and the Long Island Traveler-Watchman. He presented a sworn statement that the notice was posted on the Town Clerk's Bulletin Board in the Town Clerk's Office. The following letter to the Town Clerk under date of July 8, 1976 from the Suffolk County Department of Planning was read. Dear Mrs. Boken: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on July 7, 1976 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. It is inconsistent with the Town of Southold Development Plan which designates this area for Agricultural-Residence develop- ment and where in it indicates that" ...... commercial ribbon development should be discouraged along State Rte. 25 .... "; 2. It is inconsistent with the pattern of zoning in the locale and therefore must be considered as "spot zoning"; 3. It is inconsistent with the predominant single family residence character of the surrounding area; 4. It would tend to establish a precedent for further downzonings along Main Road; and 5. Premises does not comply with "B-i" Business District lot area requirement. /s/ Gerald G. Newman, Chief Planner #229 -2- 10/12/76 The following letter under date of July 12, 1976 from the Southold Town Planning Board to the Southold Town Board was read. Gentlemen: At a regular meeting of the Southold Town Planning Board held June 21, 1976, the following action was taken. RESOLVED to recommend DENIAL of the application of Myron and Philip Finkle for a change of zone from A Residential and Agricultural District to B-1 General Business District because the property does not meet the minimum requirement for lot area contained in the Bulk and Parking Schedule of the Zoning Ordinance of the Code of the Town of Southold. In the opinion of the Planning Board, in a plot of this size there is not enough property for parking for any reasonable business use. /s/ Muriel Brush, Secretary Supervisor: You have heard the reading of the notice for the applicant who is applying for B-1 from the present AR, the official publication in the official paper and one other paper, the Suffolk Times, the posting on the Town Clerk's Office Bulletin Board, the recommendation of the Suffolk County Planning Department going for a disapproval, the Southold Town Planning Board recommendation of denial. At this point, the hearing is open for anyone that wishes to speak for the Finkles, their representative or themselves. The meeting is open. Rudolph Bruer: I am speaking on behalf of Myron and Philip Finkle doing business as the Orient Service Station. I think one of the most important considerations of this application is to recognize the fact that what we have here is a non-conforming use. In my opinion, and looking at the history of this matter and of the zoning ordinance of Orient, it seems to me that there has been a gasoline station going back to the early 1930's or before. The gasoline station or something related to it, selling cars, etc. has been there constantly since that time and doing business as it was this afternoon, continuously. What we have here is an application by the both Mr. Finkles, father and son, who are doing business together at the Orient Service Station, two individuals who bought these premises with the idea of making a livelihood and living here in Southold and in Orient. As a matter of fact, the young Mr. Finkle just built a house something like a few hundred feet away from the subject premises and that in itself, I believe, would indicate that, number one, he is very interested in maintaining the house in the area and, because he is living there and raising his children there and has a family here. Number one, why do I think the Board should change the zone from an existing A Residential to B. Number one, first of all, I think it has been an oversight. If it hasn't been, I think it should have been. I think, probably, maybe the original owner back in 1957 when the first zoning ordinance came into effect, should have stood up and screamed bloody murder because this property, I assume, wasn't included at that time in the zoning ordinance. I #229 -~- 10/12/76 circumstances, assuming that there is no casualty, the use that they are putting these premises to will continue under the present law forever. What we are asking basically is to legitimize our existing use which we feel was an oversight by the board. The zoning map of Orient (shows copy) has certain uses with respect to Orient which is in pretty much conformity with the development map, I believe. I believe if you look at the development map, I think you will find two things different than what I am showing you under the present on this map here which I picked up from Mr. Van Tuyl. Number one, across the street just west of Youngs Avenue is a multiple use. That is not on the development map. The rest of it is. I call your attention to the B-1 zone of the Chevron Station next to Mr. King and I would suggest that that piece of property there is no larger than the subject premises being considered. That is a gasoline station. Going through town today, I would suggest there are many stations that have been in existence prior to the zoning ordinance which are no larger than the existing premises which is approximately, from the legal notice and the survey of the premises, it's approximately 130 feet on the road and 150 feet deep. It's on an angle. It's an irregular piece. I think that under the circumstances of the application and of the existing use there that that is more than adequate. Now, I have shown you the present zoning ordinance. Let me point out a copy of the Raymond and May Associates, who I believe prepared the map of planned development of Southold Town, calling your attention to Orient. I pointed out to you the multiple dwelling on the north side of the Main Road west of Youngs Avenue was not there on the develop- ment map. I will point out to you the subject premises that I am talking about tonight, the map of the plan for development for the Town of Southold by Raymond and May, has these premises down for a Business 1. As a matter of fact, it includes this premise, a little bit of property to our east and, I believe, two lots are set forth to the west. The depth, I submit is the same. I assume the Town paid for the development map to be prepared. With the two exceptions, referring to Orient alone, it does conform to the existing zoning use. I submit that, number one, a gasoline station, if you are going to have a gasoline station in Orient, I think it is a perfect spot for it. If you are going to have it, it should be on the Main Road. It shouldn't be off on some little access road right in the middle of a real residential area. Since my clients have taken over these premises, I am informed that they have changed the tanks. The tanks and pumps are now installed to the specifications of the town. The premises is much cleaned up than it had been prior. I think they have done a nice job with it. I believe it is a building that is not an eyesore. It is a building that in addition to being a garage, it is also a home. It is taken care o£. County Planning made certain statements. One, it is inconsistent with the development plan. I would submit to you gentlemen that it is not, not according to the map that is sold by the Building Department with the town, as the map or plan of development for the Town of Southold. Their statement that #229 -5- 0/12/76 it's something to do with the pattern of zoning. I think it is consistent with the use in the area. It is close to where the existing zoning is in the town over there. It is only a few hundred Feet from the main part of Orient Village. It's more than a few hundred feet, it's a few thousand feet. I think it's laid out ideally for that. It's not smack in the middle of a residential area that would cause a great deal of down-zoning. Just referring to the map, it comes out to the planning of the town and where you needed this type of zoning. I am sure when this map was prepared, I assume that the individuals went to the area, looked at what was there, took that into consideration, and made their recommendations and, based upon that, this map was drawn. With respect to future requirements, assuming that you granted the change of zone, if there was ever a change of use by the owner of the property, it would also have to conform to the then existing requirements of the town. They would have to get town approval for any change of use other than a gasoline station. I submit the two points, one, justice; two, I think it is in the best interest of the planning of the town and the interest of the town to have this change of zone take place. It is au existing situation and I can't say that enough. I would say one other thing. I would hope everybody on the board would sincerely take an interest to do the right thing with respect to this application. Thank you very much. Supervisor: Does anyone else wish to speak in favor of granting this application? Mr. Schriever presented a statement which is attached. Supervisor: Does anyone else wish to speak in favor of granting this application for a change of zone? Has everyone had the opportunity to speak in favor? That wishes to speak? We will open it up to anyone that wishes to speak in opposition and I will submit two letters to the steno that are in opposition. One is from the League of Women Voters of Riverhead-Southold. (Letter attached). I have another one from a local attorney, Fred Tedeschi, representing Helene J. Schmidt. They own property in Orient. (Statement attached) Does anyone else wish to speak in opposition? Frederick Tedeschi, Main Street, Greenport: At that time I wrote the letter, Supervisor Martocchia, I didn't think I would be able to attend. If I was in error in the location of the tanks, I said I was informed. I don't mean to misinform this board. I would like to add that my client is opposed to this for many reasons in additAon to what I stated in my letter. My client feels that to change the property from an A Residential and Agricultural District to a B-1 General Business District would not be in the best interest of the protection and promotion and the public health, safety and welfare as set forth in the general provisions of Article I Section lOC-lO of Chapter 1OO of the Zoning Code of the Town of Southold. That's the general preamble setting forth the different purposes of our zoning code. Another reason that they oppose is that Section lO0-Z1 #229 -6- 10/12/76 referring to the bulk area and parking requirements, sets forth a minimum square footage of 30,000 square feet. The most I can calculate for the Finkle property is approximately 18,000 square feet. I don't know how you are going to get around it. You can't stretch it. It just isn't there. Either the zoning laws are going to mean something or they are not going to meau something. The area is primarily residential and agricultural. As the Planning Board has said it would be an example of spot zoning and I think a flagrant one. The present use and buildings are operating under a grandfather clause as non-conforming uses. This board or its predecessor in 1957 in its wisdom, I am sure visited the site, studied all the plans and decided at that time this was to be non-conforming. Mr. and Mrs. Finkle or the Finkle brothers came along. They knew what the conditions were. They bought it that way. The price was calculated based on a non-conforming use. Chances are if it was a business use the price would be much higher. I sympathize with them but you take what you get. You pay your money and you get it. There is one other thing we have to discuss. It is going to open a Pandora's Box. In this town, there are very many non-conforming uses. If you open the box in Orient, you are going to open it in Mattituck. You are going to open it in East Marion. You have one in East Marion, a store. You are going to get a rash of these applications. Mr. Bruer said that they maintain a very beautiful gasoline station. I will have to take issue with that. I have represented the Schmidts now for quite a while. These people have had problems. The Finkles have used, if you will notice on the map, there is an adjacent 25 foot strip that my client uses and lets Mr. Shinard run a nursery, growing plants and flowers and shrubs and that's an access from the Main Road to the rear. We envelop the Finkle property. We had problems, junk cars, debris, car parts, were intruded over into that 25 foot strip. I have personally written letters to the Finkles. I visited the site. Mr. Finkle came to my office. Nothing was done. There was no cooperation. In desparation, they would clean it and next week the stuff would be back. In desparation, I advised my client to put a fence up. That's why you see a fence there today. I don't believe in fences between neighbors but here it was necessary. There was no need in 1957 to make this a business zone. I submit the character of the area has not changed so significantly that it should now be changed to a business zone. The architects of the zoning laws and the master plan said no in 1957. We, accordingly, request that you say no now. Thank you. Supervisor: Anyone else in opposition? William Terry: (Presented statement attached) Mr. Bruer: I would like to object at a public hearing with respect to reading statements referring to attached items that are not identified. All we know is that there were various things attached. (Mr. Bruer came to the front of the room and examined the papers referred to by Mr. Terry.) Supervisor: Does anyone else wish to speak in opposition? Has everyone had the opportunity to speak in opposition? It is now open for discussion in either direction. #229 -7- 10/12/76 Mr. Bruer: Mr. Supervisor, I would like to make a couple o£ comments. One, going back to quick reference to various variance applications that ware made to the Board of Appeals, I believe that a search of those records would reveal that the essence of the decision of the Board of Appeals was that it was not their function and that the applicant should come to this Board and ask for a change o£ zone. With respect to some references made by Mr. Tedeschi, I would like to point out that reference to the health, education and welfare is all well and good, again~ we are talking about an existing situation. We are not talking about somebody that is coming along with a piece of property 130 feet by 150 and saying 'please give us a change of zone so that we can have a gasoline station'. Mr. Finkle has pointed out to me that, with respect to reference to cars parked across the street, I believe he said permission was given to them by the owner for that purpose. My clients wish to make a few comments with respect to some of the statements made. They would like to call to the Board's attention a reference by Mr. Tedeschi of the Planning Board's, quote/unquote, saying that it was spot zoning. They didn't say that. They said that it didn't meet the bulk and parking requirements and that's all. I think, very positively, they might not have had an objection if the property was a little larger and met those requirements. I made re£erence to the cleaning up of the premises. I think the premises are 100% better than at the time they were taken over by Mr. and Mrs. Finkle. I am not saying that any gas station is beautiful although some of them have gotten awards for it in various places throughout the state but on Long Island, I think it is as good and makes as nice an appearance as almost any of them around. I will grant you it is not probably the best looking but, under the circumstances of a building that was there, it was built a long time ago. Mr. Finkle: Good evening, gentlemen. It is a knock against my character. Now, we are £ree people. We were born as free people with the right to walk on free land as free people should. Now, let's take the case of Mr. Schmidt. This has been a running battle for five years and thirty-eight years before we came here, between him and Joe Andrade and ourselves. It's our business what we paid for the place, how we ran the place and the difference between Mr. Schmidt. Mr. Schmidt has been hassling us for five years. How he found out that Joe Andrade and ourselves had money in escrow for not being able to bring across the difference of 25 £oot that Mr. Schmidt owns of the di£ference of the end of our property, I don't know, but Mr. Schmidt has been hassling for these five years to get that money and I'm not afraid to admit. We offered him $2500. He says it's 25 by 100 feet. It's only 15 by 100 feet. We offered him $2500 and he wants $10,000 and nobody's going to hassle us around for that kind of money. Now, he claims that we left a mess. Mr. Schmidt let us go that day. One day he says we have to pay his taxes. Nobody here, as free people, asks anyone to pay their taxes or subsidize them. I have to pay his taxes. So, we couldn't get along with him and we never blocked that entry to the back property because there is a nurseryman. We cleaned up the premises. Mr. Tedeschi knows. We told him we did and we told him to come down. Now, since they put up this so-called $10,000 fence, they have had to cut hedges. They have had to cut trees because they #229 -8- 10/12/76 haYe had to bring in tractor-trailers to conduct their business. No man in his right mind would stop anybody from him making a livelihood and a business to run his business. Now, this man has been chopping hedges and trees because he cannot enter the premises. I own the road easterly which is the rightful access to people who live in Green Acres. I don't put up fenoes and posts and stop them from going in there. I could. Mr. Schmidt doesn't have the right-of-way or does he have the right amount of access to go to his property. I've got him landlocked but I don't say 'give me money', put up fences and start this business. This man does not want us to live as a free man and walk with our heads high and you have to have dignity, dignity to walk high and not make a slip and Bill Terry's the same way. He's been fighting us for five years. We are not asking for parking. Our place is a place where ~eople come for service and go on from there. We ~n't park cars. This is a gas station. It was for 43 years. at is this hassle that goes on here with Mr. Schmidt. Let him tell the truth but I've got him landlocked and he's going to get a fence. He cannot enter his premises rightfully. Thank you. Mr. Tedeschi: I would like the opportunity to show the Board. He's talking about 15 feet. This is a photocopy of a survey made by Van Tuyl. We are talking about Helene Schmidt's property. It is 25 feet. That's what we wanted you off. That's why you forced us to build a fence. Let's call it as it is, sir. (The Supervisor had to call for order at this point.) This is the property. It is the former Tabor property. We also own this property here. This is where we built our fence because of the problems we had. It is a free country. You don't have to buy this property. Nobody forced you. You asked to buy it and he set a price. You didn't want it, you refused. That was the end o£ it. Nobody came back at you again and said 'do you want to pay so much'. You refused his price, that was the end of it. He's not anxious to sell it, sir, not in the least bit. He was accommodating you. He would have cut off from his seven acres. Supervisor: This is kind of blurry. It would be good if we had a metes and bounds description. It's sort of a rough picture. Mr. Tedeschi: This is the Finkle property right here. This is our property coming back here. In fact, we own westerly 24 some odd acres. There is no doubt that we own 25 feet. I can bring in the title policy, the deed and everything else, if necessary. Supervisor: There is a discrepancy. He says '15' and you say '25'. Mr. Tedeschi: I can bring the papers in, the deed and everything else. Supervisor: If you made them part of the record, it would help. Mr. Tedeschi: I would be glad to, Mr. Supervisor. The Planning Board said that it would be inconsistent with the patterns o£ zoning. To me, spot zoning is inconsistent with the patterms here. Spot zoning is illegal. I didn't misinform the board, Mr. Bruer. #229 -9- 10/12/76 Supervisor: Does anyone else wish to speak in general discussion? You have the opportunity now to say what you want to say. Everyone is afforded that opportunity. Mr. Finkle, would you like to add something or your son. Philip Finkle: A couple of arguments have transpired here all a little off the beaten path of what we were originally here for with Mr. Bruer. What it comes dow~ to is yes, we were very much aware what non-con£orming property we did buy. The only problem is that when we broke it dow~ into the fine print and I saw some of the restrictions that were under non-conforming such as building damage by over 50%, the tow~ could re£use me to build my business, that's when we decided we had to go for the change and that's the biggest reason that we want the commercial zoning, for no other reason, but £or protection of what we have invested into our place. Not to change the business, just to continue it the way it is, peacefully. Thank you. Supervisor: Is there anyone else? Has everybody had the opportunity to speak in the record that wants to speak? Hearing none further, the hearing is closed and the board will make a decision at the proper time. Respectfully submitted, Muriel Br~h, Secretary October 12, 1976 REMARKS OF WILLIAM W. SCHRIEVER, MAIN ROAD, ORIENT, N. Y. CONCERNING THE APPLICATION OF MYRON AND PHILIP M. FINKLE FOR A CHANGE OF ZONE: I am William Sehriever of Orient and I would like to speak in favor of the Flnkle applteatton. At the outset I would like to state that I have no financial interest whatever tn the Ftnkle business or property nor in any property adjoining theirs. The issue at stake here transcends their immediate application and pervades zontng throughout the Town of Southold and particularly in Ortento My own experience with zoning here in Orient is notorious. I believe I have had more applications for a change of zone in Orient than any other person in Orient and I have never failed to stir up opposition nor have I ever been granted m~ appltcattono As you know by reading the newspapers, I have again applied for a change of zone which will be heard tn the near future. A~d the issue is almost identical with that of this application. Myron and Philip Ftnkle are operating a perfectly legitimate business in a perfectly legal manner. As fiat as zoning is coneerned~ they are continuing a non-conforming use which was established long before zoning was adopted in 1957. They are performing a valuable service to ~he residents of Orient and to the traveling public, and, unlike the service station to the west of them, they and their predecessors have performed this service continuously as long as I have any memory. The purpose of their application ts not to establish a new business in Orient but merely to establish their legal right to continue to operate their existing buslness following an incident of misfortune. It should be quite clear to this Board that it is the intention of the zoning ordinance in dealing with a non-conforming use to attempt to seize upon the misfortune which might befall such a business to wipe it out forevero No person whose life savings are invested in a business is going to sleep well at night Mnowing that his government has a publically s~ated desire to wipe him out financially at the first opportunity, But this is not the only Issue at stake here~ by any means° In all deference to Mro Lee Koppelman of the Suffolk County Depart~nent of Planntng~ I would like to take up the arguments made by that agency tn recommending the disapproval of this application. Certainly they reached clear to the bottom of the barrel to prepare their report. First they state that "It is inconsistent with the Town of Southold Development Plan". Having purchased the latest or perhaps the only issue of this Development Plan~ I can state that, in so far as Orient is concerned, it is almost identical with the zoning map with one exception. The Develop- ment Plan shows the Finkle property as zoned for "B" or "B-i" business whereas the zoning map does not. Clearly the Development Plan supports their application to the extent that you belteve that the Development Plan has any significance. Were it not for this exception~ one would immediat~ly draw the conclusion that any application for a change of zone would violate the Development Plan since it violates its twin, the zoning map.!. Obviously such an argument in rejecting an application for a change of zone has no merit whatever. Also quoted as a part of the first argument is the following: "... commercial ribbon development should be discouraged along State Rte. 25..." Now certainly the downzoning of one apparently substandard sized parcel is a long~ long ways from ribbon development. For a service station to survive in this craml world it must be located along the highway so that it can serve the traveling public as well as local residents. It would be far more logical ill, he zoning ordinance were to provide that service stations could be established only along the county and state highways. As a matter of fact, I can't think of any in this Town that aren't along the highways, though I cannot assert that this is true. In the second argument they state, "It is inconsistent with the pattern of zoning in the locale and therefore must be considered as "spot zoning". Taking the first part first, I must state that in my opinion it is entirely consistent with the pattern of zoning inkOrtent. Business zoning exists scattered all up and down Village Lane including several parcels suitably zoned for service stationS. If we were to follow the Town's suggestion we could have a service station on every corner along Village Lane. And Village Lane is certainly the most residential area in Orient. And further, taking all of the business zoned property in Orient together it covers only a few acres at most. The zoning applied for in this application fits the existing pattern perfectly. Who can deny it is "spot zoning"? In their third argument they state that "it is inconsistent with the predominant single family residence character of the surrounding area. Why of eourse that is true and it is just as true of every other piece of business property in Orient. That is exactly the problem with"spot zoning". To continue that argument to its logical conclusion would require eliminating all business from Orient. The only alternative is to establish a business area in Orient sufficient in area and diverse enough in the scope of its zoning to provide for the ultimate development of Orient. So far there has been no serious effort to develop a plan for Orientts future and the zoning map reflects this. But regardless of such a plan, a service station must be on the highway and I can see no other location that is any more advantageous than the one presently before this Board. Their fourth argument states,"It would tend to establish a precedent for further downzonings along (the) Main Road." Since there are already several downzontngs along the Main Road, one more hardly establishes a precedent. The establishment of a business area in Orient adequate to provide for its future is the precedent we need to prevent further downzontngs along the Main Road. The power to zone rests with this Board. In as much as they have the power to establish strip zoning along the Main Road, they also have the power to prevent it. And they also have the responsibility to provide for an alternative. The fifth and final argument ts that "Premises does not comply with "B-I" Business District lot area requirement." Incidently this is the only one of these five arguments that was also offered by the Southold Town Planning Board tn its recom~nendatton for denial. Now the requirement is for 30~000 square feet and the~ is no denying that it would be nice, perhaps even elegant, if this area were available. But, in fact, it is not nor is there any practical way it can be provided. Since we are dealing with the real world and not some hypothetical case~ the real question is, "Is the space available adequate?" For two generations the space available has been adequate and I see no logical prospect that it will suddenly be indequate to serve the same purpose. And if this plot were not adequate for this purpose, for what other purpose would it be adequate and suitable. I can think of no practical alternative. The i~m]edtate issue before this Board ts really quite trivial as ~oning decisions go. The Finkle famtlies have asked this Board to remove their property from its status as a non-conforming use and thus they themselves from~the threat of financial ruin. There ts no big decision of whether their business should exist, where it should be located, whether the space available ts adequate, or whether the neighbors seem adamant. I ¢ouldn~t~ in good ¢ons¢ienoe~ vote to d~ny their rsquest. And having made its dectsion~ I hope that this Board will ultimately assume its greater responsibility to provide for Orient's future development by designating an adequate business area for Orient. October 12~ 1976 To: Southold Town Board In reference to the hearing to amend the Zoning Ordinance frgm "A" Resldentia! and Agrlcultura] District to "B-l" General Business District, the Droperty of Myron Finkle and Pbili? Finkle, situated at Orient, I would like to make the fo]lowing comment: From any angle, it is immediately apparent that there is l~ttle room -- in fact~ virtually no space at all -- to allow for a change of zoning to General Business. As Jt stands now, cars, tools and other equipment occupy much <~f the ~ outside space -- as would be expected ina service station business. Ahd~ while hideous to s~meeyes, still the business as presently operated performs a necessary function given the needs ~ the co~nmunityo B~t to amend the present zoning to that of general business conjures up -- at leas%~ for me -- visions of the likes of McDonald's a~ Burger King type operations. After all, who cart tell what the owners have in mind. And remember~ too~ that fast food operations -- no matter their reputations -- have been deemed by many as th~ focal gathering point for those who would litter and degrade such locations; so much so that they have been st~pped from se~ting up shop in locations around the ~n~ry~ including numerous Manhattan neighborhoods. Is not Crienl~'s Main ~oad -- a parcel of eve-appealing splendor -- worth more than Lexington Avenue in New York City? I certainly ~ hope so. To amend the zoning~ in other words, clearly promises that expansion of services is in Orient's future -- one that will add congestion to the neighborhood and befoul the area. Thus~it seems, that we have no recourse un/ess we fight this zoning amendment. Let us preserve the rural atmosphere-- one that ~s surrounded by the Orient Service Center and homeowners who take pride in maintaini, ng the neigbbrhood for all who pass its way. To ~dd a greater influx ofbusiness to that location ~ uld be to create an injustice for the homeowners and ali. who visit the North Fork -~ achange that is clearly not warranted atX tb~s tJ~me, given the ec. onomics of the North Fork s~ation.~~/(~_~ ~t' ~O/li~a~?' MrJ EuGene A. Narrow Rive= Road Orient ~ N.Y. 11957 ~ctober 12, 1976 Ir~,en ort~ i'..Y. 1194J~ ?he Le,~j~e of ,o~:~ez~ %oters of kiverheac~-aout} o1~ h~s supported the ;~tzjor ;~spects of the [outho!c~ 7cr~fn ~eve]opment ?lan f~ince it w~s first introduced ~s a ~[~ideline for m~,~m ~ecision :~]d_nS, .ith re~ard %,0 the t'yron and i hfilip iinkle applic~,tics for ~ cb;nile of zone from f-}~ to [~-!~ the l.e~_ue strongly recot~ en{fs ~'[eni~l on 'the ~rcends ~ha% i.t would constit~:te spot zoning ~'nr~ that it wotl~~ be inconsistent with both tke o~derly development of the bemlet of (rip, at ~d ~dth the 'ua~ i evelopment Plan. The I~£3,e of ~;~en Voters of ;giverhead- ;out?,old by S~izq~y NaC r~ch D~F ton kead fcuN~old, N.Y. 11971 .[ represent HELENE J. S~tfd>~IDT who owns the 7.88 acres (fom~er Tabo~ farm) i~mnediately adjace~t and contiguous on the east amc uuzth to the Finkle property. ~,~rs. bchmict also owns 22~46 acres on the east Habe smann Fa~:~). :~/ie~ is aosol~tel~, op?~seC c.. ~ac- instan~ ap[~l~cation. We feel the= to ch~ge the property from "A" Residential and Igric.~i~ural" District ~o "B-1 General ~usiness District would no~ ~,e in the best. interest at the protec;ion and promotion of nlm pnOlic heaiLh.safety and welfare as set [orti~ in the General ~rovisions at Ar~cle i, Section i00-lO al ~hapte: ~),~ af the Zoning ,~ode of the '~'ow~ of Southold in additional, we )ppose the instant applicatio, [or the [cllowini reason:s among many others: Secnio~ 100-71 referin~ to Bulk, area and parking re- qui. rements se~s forth a minim~ square footage of 30,000 square £eet. Tke mos~ I can calculate for the Finkle property is approximately 18,000 square feet. area is primarily residential aaa agricultural ant inserg an obvious island of business zone would con- stitute a blatant example of illegal "spot zoning". The present use and buildings are opera~ing under the grancfather laws as non-conforming uses. They were present w~en the Finkles purchased this property. The finkles bought this property knowing it. was a gasoline station and could be usec as such or for ~esidential a&~icuitural use. They cannot now be heard to claim a hardship is in- valved. '[o change the zoning to J-I General Business District would be to open up a Pandora's box. Possible uses that are permitted grig by special exception under article VII Section i00-70 include the foilowing:(See 9age 10036 of Zoning Code) (a) car lots shops. Places of amusement, (b) fisi~ing stations (c) used (d) cabiaet shops, plumbing, mouorcycle and elec~ricai To have the present non-conforming use as a service station has presented problems for my client. I mention at this point, v.~sual ~d otherwise. To wit - my client has had to request of ahe f'inkles that they stop using our property for the storage of automobiles, car parts, junk ant ueOris. ~inaliy, my client was compelled ~ have a fence erected to prevent the constant intrusions. There is just no need shown either apparent or real for this change of zone. The archiLects of the zoning laws and !~aster Plan said no in 1957 aud Zhe same is tz~ae zo<~ay. I~. woulc not be in the best interests of nhe Com~nunity and we accordingly request ~bat the proposal be voted dow~. Respectfull~z, Frederick J. Tedeschi Attorney for Helene J. Schmidt Office & P.u. Address 403 Main Street Greenport, New York 11944 (516) A77-2048 Southold Town Board 16 South Street Greenport, New York Gentlemen: William ¥ Terry,Jr Main Road Orient,New York 11957 October 12,1976 Re: Proposal to amend Zoning Ordinance upon application of Myron Finkle and Philip Finkle,Orient,N¥ Section 265,Zoning Ord. Case 229 In regard to Case #229,application of Myron Finkle ar~d Philip Ni. Finkle asking for change of zone from A-R to B-l, on their property,~iain Road,Orient, I would like to make the following observations: 1. The property in question was purchased by p~esent owners with full knowledge that it carried only a non -conforming use. This was granted fairly by the board as the business preceeded Southold Town's Zoning Ordinance. Howe~er, the surrounding area is zoned A-R with the exception of this parcel. In application #3 states that this has been an op- erating garage since the 30's , and the applicant feels that an overs~ght was made by the boar8 at the time zoning was instituted. Obviously this is not so as the board recoginized the business and granted the non-conforming status. 2. On January 26,1~72,~yron and Joy Finkle applied to the Bd. of Appeals for a variance to use premises as allowed and in addition to operate a restaurant. This request was denied. On June 28,~1973 another application was submitted to the Bdo of ADpeals by Joy Finale and ~illie ~essari to operate a Take- Out Deli in addtion to the garage business. This too was denied. Both denials were made on the basis of a lack of parking room, as well as a failure to meet minimum standards for B-1 zoning, as I recall.(See attached letters,map and photos as well as minutes of Bd. of Appeals meeting which also has additional photos) pgo2 Case 229 I would like to object to this request on the above grounds as well as the following: 1. The general character of the n~ighborhood would be altered. 2. At the present time during the summer months as well as week- ends the conditions at the place of bus~ness are at best a hazard. There are always vehicles from the place of business parked on. the state highway shoulders; directly across the hwy on the aast side of Platt Road; on the west side of the property on the shoulder of the hwy in i'ront of house owned by the Eatate of Harry Terry, and also on occasion, in front of my own property. ( see photos ) This creates a serious threat to any vehicle that is attempting to enter The State Highway from Platt Road. Th~ sidewalk ~ also blocked on many occasio~ 'o:~i ~.~.: ' .~ ~.~.~, ~ '..: fetes are parked on it. This sidewalk is used quite ex- tensively by schoolchitdre~ during the school year as well as vacations for school base~ activities as well as resfdents of the Oysterponds Adult Home. 3. Tbe owner of the property on the east side of said premises, which includes the farmland directly behind applicant, rents the lan5 to a grower of nursery stock and on many occasions fox, rd that her Right-of-Way was blocked by vechicles from the garage and was forced to erect a fence in order that her tenant would have free access and egress. 4.Great consideration and concern should be given to an applica- tion of this nature as I feel it constitutes "spot zoning" and could certainly lead to future requests of this nature. If one were allowed there certainly is a grave doubt that future appli- cants could be denied. The B-1 classification encompasses a full circle of use not compatible with A-R. 5. The property in question seems to be in the neighborhood of 12 to 15,000 sq. feet. The State Highway is 66', and is used by applicant on occasion, and as there is no way to Stretch the d~mensions, and the condi~ens that prevailed at the ~ime.of the prior applications still exist, I urge you to deny the request of ~]yron Finkle and Philip M Finkle. Sincerely, ~ / W~lliam ~r Ter~,Jro FREDERICK J. TEDESCHI ATTORNEY AT LAW 403 MAIN STREET October 6, 1976 Supervisor Albert Martocchia and Members of the Town Board of Southold 16 South Street Greenport, New York 11944 Re: Application of Myron Finkle and Philip Finkle n/s Main Road, Orient, New York Gentlemen: Please be advised that I represent Helene J. Scbmidt. My client owns the 7.88 acres (former Tabor Farm) adjacent and contiguous on the east and north to the premises covered by the application above-captioned. My client also owns the 22.46 acres on the east (formerly Haberman Farm) which is adjacent and contiguous to the above 7.88 acres and the premises covered by the application above- captioned. In addition, my client owns other properties in Orient in the vicinity of the Finkle property and accordingly has a deep interest in the subject at hand. I wish to state for the record my clients unalterable opposition to changing the zone to Business Use from that of a non-conforming use for the following reasons among others: It is our understanding that as presently constituted the Finkle property does not now meet any of the re- quirements of a business use zone. For example, we are informed that the gasolimstorage tanks are within ten feet of the public sidewalk. Also, we are informed that the number and size of the buildings presently on the premises do not conform to zoning requirements in a Business Use District. 3. The area is primarily residential and agricultural and I ~ III III LEGAL NOTICE NOTICE OF HEARINGS ON PROPOSALS TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Southold Town Board in the office of the Supervisor, 16 South Street. Greenport, New York, in said Town on the 12th day of October, 1976, on the following proposals to a.,nend tbe Building Zone Or- dinance ~in¢luding the Bui[ding Zone Mapsi of the Town ol Southold. Suffolk County, New York. ?:30 P.M by changing from "A" Residential and Agricultural District to 'B" Light Business District the property of the Cutchogue Polish Democratic Club, Inc. situated at Cutchogue. New York, and more particularly bounded and described as follows: North 415 feet by the Long Island Railroad Company: East 19(~ feet by (he Roman Catholic Diocese of l,ong Island: South 410 feet by Amelia Kaelin: and West 25O feet by De[mt Lane. 8:0(I P.M. by changing from "A" Residential and Agricultural District to "B-I" General Myron Finkle and Philip of Sot~thold. Ne,.,. York. and more described as follows: Beginning at a point on the northerly line Main Road ,Kings lligh,a'ay~ at premises about to be ciescribed. said point being N, rtb 42 degree~ line of Main Hoad ~ Kings High said point of hegimfing along land now or formerly of Helene J.Sch- midt; thence along said land Read IKings Highways; thence along the northerly side of said point or place of beginning and place al~ve so ~-pccit'ied. .IUDITtI T TERRY T(~V(N CLERK ¢OUNTT OF SUFFOLK. I STAT~ OF N~W YORK. ~aa: J ...................................... ~in~ duly Sworn, s~s ~at ~te is Printer ~d Publisher of ~e SUFFOLK WEEKLy TIMES, a newa~per pub~sh~ ~ Gr~nport, in ~d county, and ~at the noti~, of which ~e ~-~ i~ ~ print~ ~py. ~s ~en publish~ in the ~d Sui~lk W~k~ T~es on~ in e~ch w~k, for '~a (]) ........................... w~ks suc~ssiv~iy ~mmencing on ~e q~'t~ ?~e ~ ot ...... Se¢.gatalm. .... 15...26 LEGAL NOTICE NOTICE OF HEARINGS ON PROPOSALS TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hear- ings will be hold by the Southold Town Board in the office of t-he Supervisor, 16 South Street, Greenport, New YO.r~ in said Town on the' 12th day of October, 1976, on the following proposals to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold. Suffolk County, New York. 7:30 P.M, by changing from "A" Residential and Agricultural District to "B" Light Business District the properIT of the Cutch- ogue Polish Democratic Club, Inc. situated at Cutchogue, New York, and more particularly bounded and described as follows: North 415 feet by the Long Island Railroad Company; East 190 feet by the Roman Catholic Diocese of Long Island'. South 410 feeg by Amelia Kaelin; and West 250 feet by Depot Lane. fl:00 P.M. ~h~y changing from "A" Residenti~:and Agricultural Distric~ to "B-I" General Busi- ne.~s Dis~ct, the property of Myron Finkle and Philip M. Finkle, situated at Orient, Town of Southold, New York, and more particularly bounded and de- scribed as follows: Beginning at a point on the northerly line of Main Road (Kings Highway) at the southwesterly corner of the premises about to be described, said point being North 42 degrees 58 minutes 30 seconds West. 70.21 feet from the corner formed by the intersection of the souther- ly line of Main Road (Kings Highway) with the westerly line of Platt Road; running thence from said point of beginning along land now or formerly of Harry Terry North 32 degrees 31 minutes 10 seconds West 149.50 feet to land now or formerly of Helene J. Sehmidt; thence along said land North 67 degrees 53 minutes 30 seconds East 108.12 feet; thence still along land now or formerly of Schmidt South 41 degrees 08 minutes 00 seconds East 152.67 feet to the northerly line of Main Road (Kings High- way); thence along the noriherly side of said road South 66 degrees 42 minutes 30 seconds West 130.89 feet to the point or pla.ce of beginning, Any person desiring lo be heard on the above proposed amendments should appear at the time and place above so specified. DATED: September 21, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK IT-9/30 COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK I Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TI~,VELER-WATCHMAN, a public newspaper printed at £outhold, in Suffolk County; ~nd that the notice of which the annexed is a printed copy, ~,as been published in said Long Island Traveler-Watch- / man once each week for ........... L ...........................weeks ~,uccessiveJy~ commencing on the ....... .~...~_, cloy of lO?C ~j~_ orn to before me this .....~F.~ ................. day aT ·, .~..;:"~..~...../':~.. ....... , 19..-~....Ld STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: most public place · York, to wit:- JUDITH T. TERRY, Southold, New York, being duly sworn, age of twenty-one years; that on the 19 76 she affixed a notice of which the annexed printed notice is a true copy, in a proper and subs.tantial manner, in the Town of Southold, Suffolk County, Town Clerk of the TOL~ of says that she is over the 2~th day of Septembe~ Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, N.Y. 11971 in a New to amend Zoning Ordinance - property Finkle.-8:00 P.M., October 12, 1976. ~Notice of Hearing on proposal Myron Finkle and Philip M. ~/Judith T. Terry, T~zn Clerk Sworn to before me this 24th day of September 1976 Couni LEGAL NOTICE NOTICE OF HEARINGS ON PROPOSALS TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the To~n Law and requirements of the Building Zone Ordinance of the To~ of Southold, Suffolk Co~mty, New York, public hearings will be held by the Southold Town Board in the office of the Supervisor, 16 South Street, Greenport, New York, in said Town on the 12th day of October, 1976, on the following proposals to amend the Building Zone Ordinance (in- cluding the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 7:30 P.M. by changing from "A" Residential and Agricultural District to "B" Light Business District the property of the Cutchogue Polish Democratic Club, Inc. situated at Cutchogde, New York, and more particularly bounded and described as follows: North 415 feet by the Long Island Railroad Company; East 190 feet by the Roman Catholic Diocese of Long Island; South 410 feet by Amelia Kaelin; and West 250 feet by Depot Lane. 8:00 P.M. by changing from "A" Residential and Agricultural District to "B-i" General Business District, the property of Myron Finkle and Philip M. Finkle, situated at Orient, Town of Southold, NeW York, and more particularly bo~mded and described as follows: Beginning at a point on the northerly line of Main Road (Kings Highway) at the south- westerly corner of the premises about to be described, said point being North 42 degrees 58 minutes 30 seconds West, 70.21 feet from the corner formed by the intersectio~ of the southerly Page 2 - not= ' o£ hearings line of Main Road (Kings Highway) with the westerly line of Platt Road; running thence from said point of beginning along land now or formerly of Harry Terry North 32 degrees 31 minutes 10 seconds West 149.50 feet to land now or formerly of Helene J. Schmidt; thence along said land North 67 degrees 53 minutes 30 seconds East 108.12 feet; thence still along land now or formerly of Schmidt South 41 degrees 08 minutes O0 seconds East 152.67 feet to the northerly line of Main Road (Kings Highway); thence along the northerly side of said road South 66 degrees 42 minutes 30 seconds West 130.89 £eet to the point or place o£ beginning. Any person desiring to be heard on the above proposed amendments should appear at the time and place above so specified. DATED: September 21, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TF~RRY TOWN CLERK PLEASE PUBLISH ONCE, SEPT~]~ER 30, 1976 AND FORWARD FOUR (4) AFFIDAVITS OF PUBLI2ATION TO JUDITH T. TERRy, T0~ CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. 11971. Copies to the following on September 23, 1976: Long Island Traveler, Inc. The Su£folk Times John Case, a/c Cutchogue Polish Democratic Club, Inc. Rudolph H. Bruer, Esq., a/c Myron Finkle & Philip M. Finkle. COMMISSION Seth A. H~bbard Cha/rman Lee £. Koppe]man Suffolk County Department of Planning Veterans Memorial Highway July 8, 1976 JOHN V,N. KLEIN, County Executiva Hauppauge, L. L, N. 979-2920 Mrs. Judith T. Boken, Town Clerk Town of Southold ~in Road Southold, New York 11971 Application of "Myron and Phi~p M. Finkle" for a change of zone from "A" Agricultural and Residence to "B-i' Business, Town of Southold (SD-76-8) Dear Mrs. Boken: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on July 7, 1976 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. It is inconsistent with the Town of Southold Development Plan which desig- nates this area for Agricultural-Residence development and wherein it indicates that "...commercial ribbon development should be discouraged along State Rte. 25..."; 2. It is inconsistent with the pattern of zoning in the locale and there- fore must be considered as "spot zoning"; 3. It is inconsistent with the predominant single family residence charac- ter of the surrounding area; 4. It would tend to establish a precedent for further downzonings along Main Road; and 5. Premises does not comply with "B-l" Business District lot area require- ment. Very truly yours, GGN:fp cc: Planning Board Lee E. Koppelman Director of Planning by, ,-'d~-~.,d~ .--~J ;~_¢ ~,, .~ Gerald G. Newman Chief Planner FR£DEI~JCK E. GORDON Southold, l_ Y. 11971 July 12, 1976 TELEPHONE 765-1313 Southold Town Board 16 South Street Greenport, New York 1194& Gentlemen: At a regular meeting of the Southold Town Plarming Board held June 21, 1976, the following action was taken. RESOLVED to recommend DENIAL of the application of Myron and Philip F~nkle for a change of zone from A Residential and Agricultural District to B-1 General Business District because the property does not meet the minimum requirement for lot area contained in the Bulk and Parking Schedule of the Zoning Ordinance of the Code of the Town of Southold. In the opinion o£ the Planning Board, in a plot of this size there is not enough property for parking £or any reasonable business use. Yours truly, Muriel Brush, Secretary TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dopt. } Planning Bd, - 765-2660 Board ef ADpeals , Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ...~J~..~ .............. of the town of ..'~I;~.U,. ~t,,~,~L~ .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ..... =t ..... Zoning changes ............ Special permits ............ Variances Location of affected land: .r"C~t..~.~...%g.~=.-'Z.-...~,~J....t,~:~!~.~.~....-'~.~...J: .~.'4,~.& within 500 feet of: (cheek one or more) ............ Town or village boundary line .... ,1~ .... State ~q Ji~' 'J~ ~', 'q~'~' -~')j~e,'*,Jfr, lg~ll~,~ ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Comments: TB~ ~)~J~l~l)].l'~ TO'k~ ~;l~fY~J.Jlt), .~,j;.:Ki .:.-~' ['r, eo'Y,',~,~l,:,'-: ~e~'~.l ~: 6/2~/76 ~22~: ~'~' ' l~~.................... (si~ed) .... Titlo Date received by Suffolk County Planning Commission ........................................................................ File No ................................ R~dolph Bz~er. Main Road South,..l~i, i-~' l'r,T..'.¢~in~ action was taken 'oy %ue SoutuoJJ Tow~ Pl~,lning Boar'u -~ a .-~.~-~?_~£ meeting held June 21, 197'6. ~d ~,._,....~" ~- Finn]e for Agrt ..... , .': ~, · . ~-- ." .,rncru_t 2.u~-r~:: , .~ L~',',""- ~ b~ause the pr'op~}r' - c.c~: ut.-.: r~rt Ordlnac~ -' r '-'-f.' of ~h: I'."-5~ ,-.i '~:~,;..: J :1. Ir ~i,~ ,s,,'.'.'..'.on of ~1~ :~.''~','.. ":'~ :, '..~ After I hav~ ;'e~eive~t s~e, I will t~n over the file co the Muriel Brush, Secreta~, Southold, L. N.Y. 11971 May 26, 1976 TELEPHONE Southold Town Plarming Board Gentlemen: In regard to the change of zone application of Finkle in Orient, I have secur~the following information from Mr. Fox, Chairman of the Board of Assessors. Because a piece of property is in an agricultural- residential district does not necessarily mean that it is assessed in that category. It is assessed for its use. In other words, this piece of property is assessed as commercial which is its non-conforming use. Yours truly, Muriel Brush, Secretary Copy to Rudolph Bruer, Esq. · ~ i '~ '"' ; " ,' ~ ' t ..... ' , . . "'" · ' ' '' ' , -' z [ ~ '"' "'"'El .... 9o_: '~. '- -. ,. . . , .. ~. .~. '.?.'--~ .~ , ,\ ... ~ r~ . , ~., .,~ ~, , .. Southold, L. N.Y. 11971 May 17, 1976 TELEPHONE 765-1313 Southold Town Planning Board Gentlemen: Mr. Myron Fir~kle, Main Road, Orient, has made application to the Town Board for a change of zone on property located on Main State Road, Orient, from A Residential to B-1 Business. This property is currently being used as an automotive garage under a non-confozming use. His reason for asking for the change is the premises have been used for this purpose since the 1930's and he feels it may have been an overszght on the part of the Town to list it as B-1 at the time zoning was instituted. This property is bounded by property owned by the H. Terry Estate and Helene Schmidt. They have been notified by certified mail of the petition. I would like you to discuss this at the next meeting. Yours trmly, Muriel Brush, Secretary OFF'iRK SOUTHOLD, L. I., lq. ¥. 319'7'1 April 15, 1976 Southold To~n7 Planning Board Southold, New York 11971 Gentlemen: Transmitted herewith is application of Myron Finkle and Philip M. Finkle requesting a change of zone from "A" Residential and Agricultural District to "B-l" General Business District o~ certain property at Orient, New York. You are hereby instructed to prepare an official report defining the conditions described in said petition and determine the area so affected, with your recommendations. Very truly yours, Judith T. Boken Town Clerk CASE NO: ........ STATE OF NEW YOP~K PETITION TOWN OF SOUTHOLD 1N THE MATTER OF THE PETITION OF MYRON FINKLE and PHILIP M. FINKLE FOR A CqIANGE, MODIFICATION 01% A_MENDNiE1NT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COU!NTY, NEW YORK. TO TH~ TOWN BOARD OF TH~ TOWN OF SOUTHOLD: Myron Finkle and 1.Wet~, .P.h..i_l..i..P...~.t. F~kle,. ........... ~2Q.~h, residing at ..(~9..~)..-.M...a.!.~....P~..,a..d-,---.Q..r.~.~nt' NY (i~sert name of petitioner) 11957 S~-folk County, New York, the undersigned, am the o~ner of certain real property situated at .......... ~E~D~,t...~..~E~ .......... and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Hamlet of Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of Main Road (Kings Highway) at the southwesterly corner of the premises about to be described, said point being North 42 degrees 58 minutes 30 seconds West, 70.21 feet from the corner formed by the intersection of the southerly line of Main Road (Kings Highway) with the westerly line of Platt Road; running thence from said point of beginning along land now or formerly of Harry Terry North 32 degrees 31 minutes 10 seconds West 149.50 feet to land now or formerly of Helene J. Schmidt; thence along said land North 67 degrees 53 minutes 30 seconds East 108.12 feet; thence still along land now or formerly of Sckmidt South 41 degrees 08 minutes 00 seconds East 152.67 feet to the northerly line of Main Road (Kings Highway); thence along the northerly side of said road South 66 degrees 42 minutes 30 seconds West 130.89 feet to the point or place of BEGINNING. 2. I do hereby petition the Town Board of the Towu of Southold to change, mod~y and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: By changing the zoning of the above premises from its present A residential classification with nonconforming use as an automotive garage as permitted under the Town's present B-1 use district to actual B-1 use district. Such requestis made for the following reasons: The subject premises have been used continuously as a public garage and gasoline service station from at least the 1930's, which is well prior to any zoning. The applicant feels that the failure of these premises to be listed as B-1 use was an oversight by the Town at the time zoning was instituted and at the time of the most recent drawing of the zoning map; that the applicants want to insure that the premises will continue to always have the right to its present use: that of a public garage and gasoline service station and the functions relating thereto. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) Philip M<. Finkle Myron Finkle and .P..h.i..1.j:p..M.....F..J~n..k. 1..e.,...b.?~.h. .............. BEING DULY Sx, VORN, deposes and says that ve they~at~ee petitionerSin tile within action; thattheY~ read the foregoing' Petition and knows the contents thereof; ti, at the same is true to ~x) ox,'. knowledge, except as to the matters therein stated to be alleged on information and helief, and that as to those lnatters theybelievei( it to be true. FLOYD F, KING, JR, Notary Public State ol~ N~w York No. 52-7267800 SufFolk County Term Expires tAarch 30, 197~ TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of : MYRON FINK~E and PHILIP M. FI~{KLE : to the Town Board of the Town of Southold. : TO: HELENE J. SC~DT ESTATE OF HA~RY TERRY NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the iutention of the undersigned to petition the Tmvn Board of the Town of Southold to request a change of zone 2. That the property which is the subject of the Petition is located adjacent to )'our property and is described as follows: See attached de.ctiption 3. That the property which is the subject of such Petition is located in the following zoning district: A-I Reeidenttal 4. That by such Petition, the undersigned will request that the above-described property be placed iu the following zone district classification: B-1 5. That within five days from the date hereof, a written Petitzon requesting the relief specified above will be filed in the Southold Toxin Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and desi~lnated for the pubhcation of such notices; that you or your representative have the right to appear and be heard at such bearing. Dated: /~<tch 1976 Post Office Address: (no number) Main Road Orient, New York 11957 NAM E PROOF OF MAILING OF NOTICE ADDRESS Helere~. $¢hmid t Estate of Harry Terry (no number) Main Road Orient, New York 11957 (no number) Main RO~d Orient. New York 11957 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Bessie L. Austin , residing at (no number) Terry Place. ---- Southold, I~ew York, hema duly sworn, deposes and says that on the day of ~rch 1976 , deponent mailed a tuue copy of the Notice set forth on the ~'everse side hereof, directed to each of the above-nan]ed persons at the addresses set opposite their respective nantes; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current nsscssn~ent roi1 of the Town of Southold; that said Notices were mai]ed at the United 'States Post Office at Sou~hold, New York ; that said Noticcs were mailed to each of said persons by {certified) ~ mail. Swoz'n to before me this /~ RUDOLPH H_ BRUER ~Q~S~ E~t~ March 30, 191~ ALL that certain plot, pi ar parcel of land, with the buildings and rovements thereon erected, situate, lying and being in the Hamlet of Orient, Town of Sout~old, County of Suffolk and State of New York, bounded and described aa follows~ BE~INN~NO at a point on the northerly line of Main Road (Kings Highway] at the southwesterly corner of the premises about tb be described, said point being North 42 degrees 58 minutes 30 seconds West, 70.21 feet from the corner formed by the intersection of the southerly line of Main Road (Kings Highway) with the westerly line of Platt Road! running thence from said point of beginning along land no~ or formerly of Har~'y Terry North 32 degrees 31 minutes l0 seconds West 149.50 feet to land now or formerly of Helena J. Schmidt= thence along said land North 67 degrees 53 minutes 30 seconds East 108.12 feet~ thence still along land now or formerly of Schmidt Bouth 41 degrees 08 minutes 00 seconds East 152.67 feet to the northerly line of Main Road (Kings Highway)! thence along the northerly side of said road South 66 degrees 42 minute 30 seconds West 130.89 feet to the point or place of BEGINNING. RESERVING, however, to the grantors herein the exclusive right to the usa of the apartment on the second floor of the structure existing on the premises for the duration of their lives. RECEIPT FOR CERTIFIED MAIL--30c. (plus postage) Ms. Helene J. Schmidt STREET AND NO. Main Road P.O, STATE AND ZIP CODE Orient, New York 11957 oPTIONAL SERVICES FOR ADDITIONAL FEES PS Form 3800 NO INSURANCE COVERAGE PROVIDED-- Aug, 1975 NOT FOR INTERNATIONAL MAIL POSTMARK RECEIPT FOR CERTIFIED MAIL--30~. (plus postage) SEN) TO POSTMARK Estate of Harry Terry ORDATE 9ad . Orient, New York 11957 OP¥1ON~CSERVICRS FOR ADDI~NAL tEES ~ PS Form NO INSURANCE COVERAGE PROVIDED-- (See otAer sldel Aug. 19753800 NOT FOR INTERNATI0NAL MAIL ¢, GPO I97~ 0 591 45z