HomeMy WebLinkAboutZBA-11/07/1963 APPEAL BOARD
MEMBERS
Roberf W. ®iJJ[spie, Jr.,
Roberf Bergen
Char es Gregon~s, Jr,
Serge Doyen, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
November 7, 1963
A regular meeting of the Southold Town Board of Appeals
was held 7:30 P.M., Thursday, November 7~ 1963 at the Town
Office~ Main Roadt Southold~ New York°
There were present: Messrso Robert W. Gillispie~ Jr.~
Chairman, Robert Bergen, and Fred Hulse~ Jro
Absent: Messrs. Charles Grigonis, Jr., and Serge Doyen~ Jr.
PUBLIC ~ARING: Appeal No. 615 - 7:30 P.M. (E.S.T.)~ upon
application of Edward Latham, Main Road, Orient, New York~ for a
variance in accordance with the Zoning Ordinance~ Article
Section 303 and Article X~ Section 10~0A~ for permission to divide
and sell a parcel of land having 95 fto frontage. Location of
property: east side Youngs Road, Orient~ New York~ bounded north
by Raymond E. Golder, east by other land of Edward Latham~ south
by Etisha Haberman, and west by Youngs Avenue. Fee paid $5°00.
Southold Town Board of Appeals -2- November 7, 1963
The Chairman opened the hearing by reading application
for a variance, legal notice of hearing, affidavit attesting
to its publication in the official newspaper and notice to
the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
(There was no response.)
THE CPLAIRMAN: Mr. Latham has a lot here which cannot be
enlarged in width and it has more than sufficient area. He
is planning to sell the lot to Mr. Oscar Saul.
THE CHAIRMAN: Is there anyone present who wishe~ to
speak against this application2
(There was no response.)
After investigation and inspection the Board finds that
this lot has a frontage of 95 feet~ It is a parcel remaining
between other 100 ft. front lots which ha~e been sold at
various times prior to the Zoning~Ordinance. The depth of
the lot is 150 ft. thereby~causing it to have more than the
required square footage.
The Board finds that the strict application of the
Ordinance will produce practical difficulties or unnecessary
hardship; the hardship created is unique and would not be
shared by all properties alike in the immediate vicinity of
this property and in the same use district; and the variance
does observe the spirit of the Ordinance and will not change
the character of the district.
On motion of Mr. Giltispie~ seconded by Mrl Bergen, it
was
RESOLVED that Edward Latham be granted permission to
divide and sell a parcel of land on Youngs Road, Ori~t,New
York~ having a frontage of 95 feet and a depth of 150 feet.
This parcel is bounded north by Golder and south by Habermano
Southold Town Board of Appeals
-3-
November 7, 1963
vote of the Board:
and Mr. Hulse.
Ayes:-
Mro Gillispie, Mr. Bergen,1
On motion of Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the minutes of the Board of Appeals of October
24, 1963=. be approved as submitted°
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen,
and Mro Hulseo
PUBLIC HEARING: Appeal No. 616- 7:45 P.M. (E.S.T.)~ upon
application of Edwin H. King~ private Road~ Orient Point~ New
York~ for a variance in accordance with thee Zoning Ordinance,
Article X~ Section 1007~ Subsection (d)~ for permission to re-
establish a non-conforming gas station use which has been
discontinued for over two years. Location of property: south
side Route 25, Orient Point, New York, bounded north by Route
25~. east by State Park property, south by other land of Edwin
H. King, and west by Sergio Casavecchia. Fee paid $5.00.
The Chairman op.~ned the hearing by reading application
for a variance= legal notice of hearing~ affidavit attesting
to its publication in the official newspaper and notice to
the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. EDWIN H. KING: The reason I made it was I rented
the building to a lobsterman who has been here this summer and he
asked if he could live in the building. He hasn't moved in
yet but he paid rent as of the first of November. This gas
station building was a gas station in Mattituck. I Moved it down
about 12 years ago. Before there was a much larger building
there and Joe DrOSkOSki has it on the Main Road now.
Southold Town Board of'Appeals -4- No~ember 7w 1963
Many years ago we had the building as a grocery store
as well as gas station and it was open to the public and the
two gas pDmps have been there over 40 years. The lobsterman
said he would like to have a permit to sell gas if anyone
wanted any'and I said I would ~ake an application. I believe
one of these days there will be quite a demand for gas stations
down there.
T~E CHAIRMAN: Was the gas station ever closed to the
public?
Mi{. KING: Yes~ it was closed to the public but we never
stopped using it for the farm°
(A hand drawn map appeared in the file showing the location
of the building. The building is approximately 22 feet from
the State Highways)
TRE CHAIRMAN: There is a picture in the file which indicates
that it is a small well-preserved buildingjust before you reach
the marina°
(The Chairman explained that the Board has spent a great
deal of time studying gas stations. They have as a result set
up standards regarding setbacks, location of pumps, parking
facilities~ etco The Chairman read an action of a gas station
granted previously.)
MR. KING: The property across the street is "A" Residential
but on the same side of the street several hundred feet away it
is "B" Business.
'THE CHAIRMAN: Where are the pumps?
MR. KING: They are on the east side of the building.
There is about 65 feet between the building and the west side
of the state Park property and the tanks are located there.
There is a small one in front.
THE CHAIRMAN: Is there anyone else present who wishes to
speak for this application?
(There was no response°)
Southold Town Board of Appeals -5,
November 7, 1963
THE CHAIRMAN: Is there anyone present who wishes to speak
against th~ application?
(There was no respcnse.)
THE CHAIRMAN: We have received letters of opposition which
I will read.
(The Chairman read a letter of opposition from George L.
Young~ Jr.~ Orient; A. Nelson Chapman$ Long Island State Park
Commissionz Babylon, N.Y.~ G. Frank'Dougherty,~ Counsel.)
MR. ~ING: I believe this will help people and not harm
anyone. There are many times when th~ would be helpful to
people and it was many times in the past~
THE'CHAIRMAN: Has there ever~ been any formal application
fora gas station down there?
MR. TERRY: No formal application.
THE CHAIRMAN: I can agree with the State Park Commission
that a big elaborate gas station would tend to downgrade a
State Park property.
(There was discussion not pertinent to this application
relative to the acquisition of property by the State Park
Commission from Mro King and others° Mr. Ray Tabor an employee
of the State Park Commission at OrientPoint explained some of
the details from the Park Commission's point of view.)
MR. RAY TABOR: I personally have no objection to a gas
s~ation by Mr. Kingt however I feel in that particular area
it would make a congested and hazardous area which does not
exist now° The entrance to the park is a little exaggerated
and the entrance is closer to the gas station than would be
indicated by explanation. The entrance is quite close, it is
not more than 75 feet away. My wife and I are not in objection
to it but I know the Park Commission has written a letter and
I felt I should appear as a representative of the Commission
in this area.
Southold Town Board of Appeals -6-
November 7~ 1963
THE CHAIRMAN: If this use was not valuable when Zoning
went in when did it become valuable?
MR. KING: This will be just a convenience. It will be
open in case anyone wants a few gallons of gas.
T~E CHAIRMAN: Is this lobsterman going to be at the station
all the time or will he be doing both jobs?
MR. KING: Well~ he has a lobster car down at the marina
and he will sell gas just part time° He may be there and he
may not be.
MRS. RAY TABOR: I came up here tonight and I did not
object, but if it is just going to be for a little gas and
ruin the whole neighborhood I am against it. I do not see the
purpose of it.
THE CHAIRMAN: This does not seem like a gas station to
me it seems like a hobby.
Is there anyone else present who wishes to speak for or
against this application?
(There was no response.)
After investigation and inspection the Board finds that
the property of the applicant has not been used for the sale
of gas and oil for approximately 10 years. While the present
application did not project any extension of these uses other
than the sale of gas and oilz the proposed operation would be
intermittent and unpredictable based on the time which the
operator would be free to devote to the gas station from his
other activities.
The Board was unable to substantiate the claim that it
would be an unusual hardship to deny this application~ nor
is the hardship a unique situation since everyone would be
denied permission to operate a gas station intermittently.
Southold Town Board of Appeals -7- November 7~ 1963
The Board is in agreement~with the applicant that the
proposed use would not substantially change the neighborhood~
although the State Park Commission feels strongly to the
contrary.
It is understood this application is being denied without
prejudice to any future application which might contemplat~ an
enlarged gas station which would be useful to a developing area.
The Board finds that the public convenience and welfare
and justice will not be served and the legally established or
permitted use of neighborhood property and adjoining use
districts will be permanently or substantially injured and the
spirit of the Ordinance will not be observed°
On motion of Mr. Gillispie: seconded by Mr. Hulse, it was
R~OLVED that Edwin Ho King be denied permission to re-
establish a non-conforming gas station use which has been dis-
continued for over two years at the south side of Route 25~
Orient/~ New York~ west of the State Park property.
Point
vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ and
Mr. Hulse.
The next meeting of the Southold Town Board of Appeals
will be held 7:30 P,M., Thursday~ November 21~ 1963 at the
Town Office~ Main Road~ Southold~ New York.
On motion of'Mr. Gillispie~ seconded by Mr. Bergen~ it was
RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.T.)~
Thursday~ November 21~ 1963~ Town Office~. Main Road~ Southold,
New York as time and place for hearing upon application of~Frank
S. Thorp, East Marion, NeW York~ for a variance in accordance
with the Zoning ordinance~ Article III~ Section 303 and Article
X~ Section 1000A~ for permission to set off a lot having in-
sufficient frontage and area. Location of property: south side
of private road~ South Lane~ East Marion~ New York,. bounded
north by South Lane~ east by Thorp~ south by Beach area owned
by Thorp, and west by private right-of-way.
Southold Town Board of'Appeals -8-
November 7, 1963
Vots of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Hulseo
On motion of Mr. Bergen, seconded by Mr. Hulse~ it was
RESOLVED that the Board of Appeals set 7:45~P.M.
Thursday~ November 21, 1963, Town Office, Main Road, Southotd,
New York as time and place for hearing upon application of Jane
C. McKenna, Park Avenue, Mattituck, New York, for recognition of
access in accordance with State of New York Town Law~ Section
280Ao Location of property: private right-of-way on the south
side of Park Avenue, Mattituck~ New York, bounded north by other
land of'McKenna~ east by private right-of-way~ south by other land
of McKenna~ and west by C. H. Wickhamo
vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Hulse.
On motion of Mro Hulse, seconded by Mr. Gillispie~ it was
RESOLVED that the Board of Appeals set 8:00 P.M. (E.S.T.),
Thursday, November 21, 1963, Town Offic~ Main Road~ Southold,
New York as time and place for hearing upcn application of Douglas
Beebe & Son, a/c Clifford Tyler, Jr.~ Bay Avenue, Cutchogue~ New
York, for a variance in accordance with the Zoning Ordinance~
Article III, Section 307~ for permission to reduce the side yard
setback to 9 feet on a lot located on the west side Bay'Avenue,
CutchOgue~ New York~ bounded north by A. V. Doroski, east by Bay
Avenue~ south and west by~A. V. Doroskio
vote of the Board: Ayes:- Mr. Giltispie, Mr. Bergen, and
Fr. Hulse.
It was FURTHER RESOLVED that legal notice of the hearings
be published in the official newspaper on November 15, 1963.
vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen,. and
Mr. Hulse.
Meetin~ adjourned at 9:45 P.M.
~ ~0~ ~ ~espectfutly submitted~
Judith T. Boken~ Secretary