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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