Loading...
HomeMy WebLinkAboutZBA-06/11/1964 APPEAL BOARD MEMBERS Robert W, G[ll]sp]e, Jr. Chairrn~n ~oberf ~ergen Serge Doyen, Jr. SOUTHI3LD, L.I., N.Y. TeJer~hone SO B-2660 M I ~ 'U T E S SOUTHOLD TOWN BOARD OF APPEALS June 11, 1964 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, June 11, 1964, at the Town Office~ Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr. Chairman, Robert Bergen, Charles Grigonis, Jr.~ Serge Doyen~ Jr.~ Fred Hulse, Jro Mro and Mrs. Fred Gagen, Greenport, New York appeared before the Board for an informal hearing. They presently have a tourist sign outside their residence. They want to change this sign to Real Estate Broker. The Chairman informed them that Real Estate Brokers are not permissible in a "A" Residential and Agricultural area, and that they should apply to the Town Board for a change of zone, since this particular problem did not come under the Board of Appeals. PUBLIC HEARING: Appeal Nee 668 - 7:30 P.M. (E.D.S.T.), upon application of Peter Sledjeski, Main Road, Orient, New York~ for a special exception in accordance with the Zoning Ordinance, Article X, Section 1003A, for permission to renew a farm labor camp permit granted May 23~ 1963, ~ocation of property: south s~de Route 25, Orient, New York, bounded north by Main Road, east by J. B. Droskoski, south and west by J. Tuthill and Jo Dyer. Fee paid $5.00. , Southold Town Board~ofAP~ls -2- June 11, i~4 The Chairman opened the hearing by reading the application for'a special exception, 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 would like to speak in favor of this application? (There was no response.) THE CHAIRMAN: I have no objection to this camp. I feel that it~has become nedessary by the closing of the Greenport Labor Ca~p for the farmers to set up their own labor camps. Is there anyone present who would like to speak against this application? (There was no response.) After investigation and inspection the Board fin~s that Peter Sledjeski wishes to renew a farm labor camp permit granted May 23, 1963. The Board finds that there will be no changes made in the camp. There haven't been any complaints or objections to the camp being operated. The Board feels that this camp is necessary to the operator since the closing of the Greenport Labor 'Camp which use to house a large number of laborers. 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. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was~ RESOLVED that Peter $1edjeski, Main Road, Orient,~ New York, be granted permission to renew a farm labor camp permit granted May 23, 1963, on property located south side Route 25, Orient, New York. This permit will run for the period of one (1~ year. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen,. Mr. Grigonis, Mr. Doyen, Mr. Eulse. ~ SOuthold Town Board of App~_~ls -3- June 11, ~__34 PUBLIC HEARING: Appeal No. 669 - 7:40 P.M. (E.D.S.T.), upon application of Elizabeth M. Connors, Mattituck, New York, for a variance and recognition of access in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, and the State of New York Town Law, Section 280A, for permission to divide lots with insufficient frontage and for approval of access. Location of property: south side Peconic Bay Blvd., Laurel New York, bounded north by Peconic Bay Blvd., east by A. H. Patterson, south by other land of Connors, west by S. D. Piquet. Fee paid $5.00. The Chairman opened the hearing by reading application for a variance and recognition of access, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is Mrs. Connors here tonight? HOWARD TERRY: No. THE CHAIRMAN: I agree with the reasoning of the applicant. These lots are long narrow lots on Peconic Bay Blvd., as shown on the sur~ey by Mr. Van Tuyl. I think it should be granted. Does anyone disagree with that? MR. BERGEN: Would we have to give a variance on this when someone wants to build a hQuse2 THE CHAIRMAN: I think we could give a variance on this, if we put restrictions on it. Is there anyone present who would like to speak in opposition to this application. (There was no response.) After investigation and inspection the Board finds that Elizabeth Connors wishes to divide a lot and to obtain approval of access. The Board finds that a gas line runs through the property, which would present a hardship when ready to build on the lot. The Board feels that a variance could be granted on this application, subject to restrictions for building on the lOto The Board finds that the access requested is accessible to fire trucks and other emergency equipment. Southold Town Board of App~ls -4- June 11, 15~1 The Board finds that 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 by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that Elizabeth Connors, Mattituck, New York, be granted permission to divide ~O~s with insufficient frontage and be given approval of access, subject to the following conditions: Any house build on lots ~1 or 2 shall be at least 25 feet from the northerly line of the property, no closer than 15 feet to the southerly line of the property, no closer than 11 feet to the westerly and easterly line of the property as defined. Vote of the Board : Ayes: Mr. Gillispie, Mr. Bergen, Mr. Gr&gonis, Doyen, Mr. Hulse. PUBLIC HEARING: Appeal No. 670 - 7:50 P.M. (E.D.S.T.), upon application of Fred R. Wangelin, 2054 Stirrup Path, Seaford, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305t for permission to erect a dwelling with insufficient setback. Location of property: north side Ole Jule Lane, Mattituck, New York, bounded north by Nuart Lane, east by Zigmund Pylko, south by Ole Jule Lane, west by Ole Jule Lane. Fee paid $5.00. 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 oto the applicant. THE CHAIRMAN: is there anyone present who would like to speak in favor of this application? FRANK HUNDLEY: This is Mr. Bellace and Mr. Wangelin, who will speak for himself. THE CHAIRMAN: Are the rest of the house set back further on both sides? FRANK HUNDLEY: Yes, both sides. Southold Town Board of App~ls June 11~ THE CMAIRM_AN: It is a difficult lot to use. What is the total area do you know? MR. WANGELIN: No~ I don't know. CHAIRMAN: Will you need any other variance? MR. WANGELIN: I don't think so. I don't intend to build on this lot right away, but when I get ready to, I want to make sure it is alright to do so. THE CHAIRMAN: Is there anyone present who would like to speak in opposition to this application? (There was no response.) After investigation and inspection the Board finds that Mr. Fred Wangelin wishes to build on a lot with insufficient ~etback. The Board finds that Mr. Wangelin is the owner of a pie-shaped lot. His lot is the only pie-shaped lot in ~he vicinity. Without obtaining a variance~ this property is of no use to Mr. Wangelin. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary'hardship; thehardship 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 by Mr. Gillispie~ seconded by Mr. Grigonis, it was RESOLVED that Fred R. Wangelin, 2054 Stirrup Path, Seaford, New York, be granted permission to build on a lot with insufficient setback on property located north side Ole Jule Lane, Mattitu~k, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Doyen~ Mr. Hulse. Southold Town Boar~ of Appe~s -6- June 11, 196-4 PUBLIC HEARING: Appeal No. 671 - 8:10 P.M. (E.D.E.T.), upon application of R. G. Terry,~ Esq., Southold, New York~ a/c Charlotte K. Git~inger~ 3 Forest Drive~ Springfield, New Jerseye for a variance and recognition of access in accordance with the Zoning Ordinance, Article III, Section 303, and the State of New York Town Law, Section 280A, for permission to divide lots with insufficient frontage and for approval of access. Location of property: north side Cedar Beach Road, and east side Paradise Point Road, Southold, New York, bounded north by E. G. Weymouth: east by Bay, south by Cedar Beach Road, west by Paradise Point Road. Fee paid $5.00. The Chairman opened the hearing by reading application for a variance and recognition of access, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice ©to the applicant. THE CHAIR2WAN: Is there anyone present who would like to speak in favor of this application? R. G. TERRY, ESQ.: Chairmant and Gentlemen of the Board. I appear on behalf of Mrs. Gittinger and her son John Gittinger. I Think that the map by Mr. Van Tuyl is fairly clear'as to what we want to do. These houses have been there for many years. The survey by Mr. Van Tuyl draws the line across here. (pointed to the map~. Mrs. Gittinger has kept the property in this manner for many years. She has recently obtained a chance to sell some of this property. The property that will be sold is parallel to Shelter Island Sound. Mrs. Gittinger has tried to sell the property as all one unit. No purchaser wants to buy five houses at once. After this sale is made for part of the land~ it.will still be operated as three separate familes. It will not change the character of the neighborhood. That is what it has been. The condition was created prior to zoning. I think it was done with no insight of future restrictions. It doesn't change the neighborhood, or the property, and it will continue to be used by three seperate families, and I particularly call your attention to that. (Mr. Terry went on to describe the location of each building on the map.) May I say, that this would not change the neighborhood. These are hardship circumstances in that this was done without regard to zoning, because there was no thought of zoning at that time. Southold Town Board of Apparels -7- June 11, MR. HULSE: Is the land private down to the beach? Esq. R. G. TERRY:/This sale insures title to the beach. My int~tion is that this comply with the the Zoning Ordinance, and' think of the safety and welfare of the Town. THE CHAIRMAN: This was here long before zoning. I think this is the best solution at this time. Do you suppose it is illegal to grant this as a unit? R. G. TERRY,ESQ.: I don't think it would be illegal. TH E CHAIRMAN: It would be illegal to creat something like this. ~.G. TERRY, ESQ.: This is already created. THE CHAIRMAN: Is there anyone who would like to add anything further in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone present who would like to speak in opposition to this application? GEORGE McMANN,JR.,ESQ.: For the record, my name is George McMann. I'm a lawyer with an office at 238 Main Street, Greenport, New York. Mr. Weymouth, an adjoining property owner and Mr. Stark object to the granting of this variance. They fe~l it would be down grading to the area. I don't agree with what Mr. Terry has said. Let me review the facts. Mr. Terry said there was no future insight of restrictions f~om zoning. But there are restrictionS with zoning, and they cannot be o~erlooked now. These lots are small and would definitely change the character of the district. Other lots in the vicinity are large lots. Before we go any further, is there a signed contract to sell this property? R. G. TERRY,ESQ.: There is no contract signed at the moment. GEORGE McMANN,JR.,ESQ.: You have no person to sell it~ and no person to purchaseeit. THE CHAIEMAN: We assume that the sale exist. Southold Town Board of Appe~s -8- June 11,196 ~ GEORGE McMANN,JR.,ESQ.: As no contract is signedt the application is premature in regard to selling the property. She is not legal bound to sell. If Mrs. Gittinger is granted this variance, she will still be in the .same position tommorow as she was today. There is no difference. THE CHAIRMAN: It would be difficult to sell three houses at once to the same buyer. GEORGE McMANN,JR.,ESQ.: It would be difficult to sell 100 houses at once, but she is not selling any houses~ THE CHAIRMAN: She would like to sell. GEORGE McMANN,JR.,ESQ.: She would like to sell, but she is not legally bound to sell. We are doing business with conjecture. THE CHAIRMAN: This sale depends on whet~er or not this variance is granted. GEORGE2,~cMANN,JR.,ESQ.: Is she legally bound to sell the property? R.G. TERRY,ESQ.: ! have a letter from the purchaser. (Mr. Terry read the letter which stated a payment was enclosed and that final sale was subject to obtaining a variance on the property.) GEORGE McMANN,JR.,ESQ.: That is the contract of sale? R.G. TERRY, ESQ.: This is the bind. Mrs. Gittinger has accepted the money an~ is bound to go through with the sale if this variance is granted. GEORGE McMANN,JR.,ESQ.: I would have to disagree with that. That is not a cQntract of sale. If there is not contract of sale, there is no hardship. THE CHAIRMAN: That is an offer, and I would say she is legal bound to ski1. GEORGE McMANN,JR.,ESQ.: You will say that is a contract of sale? Go into the application and establish where the hardship is. There is no hardship, there is no contract of sale. THE CHAIRMAN: Mrs. Gittinger has tried to sell this a one ~arcel of land for five years. There is evidence that she has ried to sell for five years. $outhold Town Board of Appeals -9- June 11, 1964 GEORGE MCMANN,JR.,ESQ.: Then the price is to high. The number of houses has nothing to do with it. THE CHAIRMAN: It is more difficult oto sell three houses at one time. GEORGE McMANN,JR. ESQ.: I don't think that is so. THE CHAIRMAN: I don~t know what the price of these houses are° GEORGE MCMANN,JR.,ESQ.: How many families are buying this property? R.G. TERRY, ESQ.: One family. GEORGE McMANN,JR.,ESQ.: One family is going to transfer the ititle of this whole parcel? R.G. TERRY,ESQ.: Yes. THE CHAIRMAN: What type of houses are these? R. G. TERRY, ESQ.: Two are year-round homes, the other is a summer cottage. GEORGE MCMANN,JR.,ESQ.: I fail to see how this is relevant. THE CHAIRMAN: I fail to see it relevant for you to expect us to determine a sale by contract. GEORGE McMANN,JR.,ESQ.: Then what is the hardship here? MR. BERGEN: Three houses on one parcel. THE CHAIRMAN: They just said they tried to sell this ~or five years. A contract of sale is not relevant to the Zoning Ordinance. GEORGE McMANN,JR.,ESQ.: The sale is subject to the approval of this variance~ but is she legally bound to sell it, and is the purchaser legally bound to buy it? MR. DOYEN: Legal, considering it is going to be legal. GEORGE McMANN,JR.,ESQ: But is she legal bound now? Southold Town Board of Appea~~ -10- June 11, 19~ MR. DOYEN: The plots are there and they are going to remain the same as they are now. GEORGE McMANN,JR.,ESQ.: I am going to object to this application because it fails to mention a part of the Zoning ordinance. It has Article III, Section 303, but not-Article X, Section 1000A, which reads: No lot shall be sold, divided, or set off in such a manner that either the portion sold, divided, or set off, or the pm~tion remaining shall have an area and/or open spaces of less than that prescribed by this Ordinance for the district in whish said lot is located. THE CHAIRMA~N: We will ask the applicant to amend the application, republish it~ and hear it again at the next meeting. Is that permissable with all parties? GEORGE McMAN~,JI~.,ESQ.: Yes. R. G. TERRY, ESQ.: I don't know if 'I completely understand this objections THE CHAIRMAN: One section of the Ordinance is omitted from the application. (The chairman again read Article X~ Section 1000A). R. G. TERRY, ESQ.: I see no reason to go through it again. The application is for granting a variance to the Zoning Ordinance. I feel it is not limited to just one section, but all the provisions of the Zoning Ordinance. I don't see why the sections must be included in the application. GEORGE McMANN,~.,ESQ.: How does anyone know what you are applying for~ if you don~t state it in the application? R. G. TERRY,ESQ.: We ara applying to the Zoning Ordinance for this variance to sellt~his property. There are ~probably some other sections that are not included in the application. I don't think this should disqualify the application. I don't think sections should have to appear on the application. We are applying to the Zoning Ordinance. There is no reason why the application can't be amended now. THE'CHAIRMAN: I ha~e to ~d~isagree on the basis of the way I am advised by the Town CDTanc.il. Even if George was agreeable to amending it'here, I don~t think we should do it because there is some question in our mind, so that I think we should amend the application and rehear it. Neither of you will have to appear here. I see no other solution to this type of problem. Southold Town Board of Appea~s -11- June 11, 1~ THE CHAIRMAN: Is there anyone else who wishes to speak against this application? (There was ho response.) THECHAIRMAN: Are there any o~her questions? R.G. TERRY,ESQ.: No other questions. THE CHAIRMAN: Then we will rehear this application at 7:30 P~M., June 25~ 1964. You will be notified. PUBLIC HEARING: 8:30 P.M. - Appeal No. 6722 upon application of Ma~ MacLeish~ BrayAvenue, Laurel, New York, for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 303, for permission to erect a building with insufficient frontage. Location of property: west side Bray Avenue, lot~$100, Laurel, New York, bounded north by other land of MacLeish, east by Bray Avenue, south by T.T. Whittier, west by other land of MacLeish. Fee paid $5.00. The Chairman opened the hearing by readingapplication 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 would like to speak in favor of this application? (There was no response.) The Board looked at pictures of the property in question. Representative of the T.T. Whittier family were present at the hearing. They wanted to know what lot Ma~Leish was intending to build on. The Board looked at the map of the property and discussed it. THE'CHAIRMAN: Is there anyone present who would like to speak in opposition to this application? (There was no response.) After investigation and inspection the Board finds that Mae MacLeish wishes to build on a clot with insufficient frontage. Mrs. MacLeish wishes to construct a year-round home on Bray~Avenue, Southold Town Board of Appeases -12- June 11~ 19~ Laurel, New York. This house will be keeping with the setback of the kother homes on Bray Avenue. This lot has enough total area, butnot enough frontage. The Board finds that 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 by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Mae MacLeish, Bray Avenue, Laurel~ New York, be granted permission to build on a lot with insufficient frontage~ on property located west sid~ Bray Avenue, lot $100, Laurel, New York, lots divided as shown on original filed map in County Clerk Office. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen~ Mr. Grigonis, Mr. Doyen, Mr. Hulse. PUBLIC HEARING: Appeal No. 673 - 8:45 P.M.~(E.D.S.T.), upon application of Herbert W. Wells, Jr., Southold, New York, a/c Vail Brothers, Inc., Main Road, Peconic, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 400, Subsection 9, for permission to install a parking lot to sell new and used cars. Location of property: north east corner of Peconic'Lane and Route 25, Peconic, New York, bounded north by land n~w or formerly of A. Cierach¢ east by land now or formerly of'S. Cierach, south by Main Road, west by Peconic Lane. Fee paid $5.00. The Chairman opened the hearing by reading application for special exception, 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 would like to speak in favor of this application? LEFFERTS EDSON,ESQ.: I don~t have any interest in-this, but ~ the description of this property is wrong. The Board and Mr. Edson discussed the description of the property and what the correct description should be. Southold Town Board of Appealed, -13- June 11,1964 THE CHAIRMAN: We will postpone this hearing until the description is clarified and correct. ~PUBLIC HEARING: Appeal NO. 674 - 9:00 P.M. (E.D.S.T.), upon application of James Brewington,~Main Road, Cutchggue, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 400, Subsection 9, for permission to install a parking lot to sell used cars. Location of property: south east corner of Main Road and Eugene Road~ Cutchogue, New York, bounded north by Main Road~ east by M. Abatelli, south by O. Glover, west by Eugene Road. Fee paid $5.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THECHAIRMAN: Is there anyone present who would like to speak for this application? JAMES BREWINGTON: The only thing I want to saY is that we are not going into big business. We are not going to have 25 or 30 cars. Just a few, but I want to be within the law. THE CHAIRMAN: AtOt of times it is hard to tell what is for sale when you see alot of cars parked. JAMES BREWINGTON: We have three cars of our own, and we have customers cars there. Cars we are servicing. THE CHAIRMAN: When I went by there, there seem to ~be quite a few cars there. Three belong to you, an~ some are being serviced, and you had two for sale? JAMES BREWINGTON: Two, and we have sold one already. THE CHAIRMAN: Didn't you say something about clearing the land at the rear of the station? JAMES BREWINGTON: Yes, we cleaned it off and have more land. THE CHAIRMAN: You have more land than you thought you had when you rented the place. As I understand, this property is owned Southold Town Board of Appeal~-~ -14- June ll, 1964~ by Mr. Glover~ and leased by Mr. McCullum. He leased it from O. Glover. I understand Mr. Glover is not here, he is in New York. Have you ever seen him? JAMESBREWINGTON: No. THE CHAIRMAN: Did McCullum ever operate this as a gas station himself? JAMES BREWINGTON: I don't knowl MR. HULSE: Mr. McCullum is a Standard Oil Distributor. THE CHAIRMAN: Then he has sub-leased it to you. Do you have anything in writing? JAMES BREWINGTON: Yes. THE CHAIRMAN: Have you ever seen Mr. McCullum~s lease from Mr. Glover. JAMES BREWINGTON: No I haven't. THE CHAIRMAN: I think permission should come from the owner, or he should join in the application with you. This is done without any prejudice to you application. We asked Mr. McCullum if it was alright with him, but he wouldn't put anything in writing. We sent him the following letter: Dear Mr. McCullum: We have in our file an application from James Brewington, who is a tenant of yours. He wishes to put in a used acar lot at the gas station on the southeast corner of Main Road and Eugene Road, Cutchogue, New York. We would like to have in writing whether or not you approve of James Brewington putting in this used car lot. May I please hear from you by Thursday, June 11, 1964. As I said before, he won't put anything in writing. We also have the problem of a junk yard,~ which everyone seems against. Not that this is a junk yard. MR. BERGEN: Maybe Mr. Edson would know if it is necessary to have a letter of permission. LEFFERTS EPSON,ESQ.: i don't.know anything about that. Southold Town Board of Appeat~ -15- June 11, 196, THE CHAIRMAN: This seems like a change in the use of the land. Where do you apply for the slicense to sell used cars? JAMES BREWINGTON: I sent forthe application. I have here the FS-11 form. In ~ase I have a car a person wants to drive and try out. I want to be within the law and don't want to get into any trouble. THE CHAIRMAN: What you say maybe 100% true, if this application is granted. It's a use which is permitted in the Business District, and the use goes with the land. Sam Smith could come in here and do the same thing, but it goes with the land. It seems only fair to the owner of the property to find out what his feeling are. You should go to Mr. McCullum and ask him to reduce the rent o2 tell him ~ouL~an%~permission from Mr. Glover to do this. This is only a suggestion. I don't knOW how sick Mr. Glover is. He is in no condition to make a decision, but I don~t think we can make the decision here tonight. Mr. Hulse thought it would be fair to the owner, so we tried Mr. McCullum first, and he won't put anything in writing. MR. BERGEN: Then you have to have permission from the property owner. THE CHAIRMAN: I have here a letter from an adjoining property owner, Philip W. Abatelli. Southold Town Building Zone Board Southotd, Long Island Re: variance application of James Brewington covering property at northeast corner of Main and Eugene Road, Cutchogue, N.Y. Gentlemen: As a mature real estate appraiser, I believe that the purpose of the Building Code Ordinance is to conserve an enhance real estate values and when there is reasonable doubt that granting a variance may adversely effect adjoining properties, such an application should not be favorably con- sidered. It is common knOWledge~that used car lots eventually degenerate into junk yards. The disturbing noises and obnoxious odors impair the health of the people in the Southold Town Board of Appeals .... 16- June 11, 1964 neighborhood which contradicts the very purpose for which the zoning laws were enacted. As the owner of the property .adjoining to the north, the parcel for which Article 4, Section 400, Subsection 9 is asked to be amended, for the reasons above mentioned, I respectfully request that the comtemplated variance should be denied. Very truly yours, /s/ Philip W. Abatelli. THE CHAIRMAN: I have also had some vocal objections from people who live in Nassau Point. T.~FFERTS EDSON, ESQ.: I am here to object to this application on behalf of the Nassau Point'Association. Mr. Chairman, and members of the Board. The Nassau Point and the Nassau Point Causeway Association do object the application of this gas station. (Mr. Edson went on to describe the surrounding properties and there uses.) This gas station has been doing business un,er the name "Nassau Point ServiceStation", yet the people of Nassau Point do not approve of this car lot. He is not serving the people of Nassau Point by doing something they object to. The association ask that this per- mission not be granted. THE CHAIRMAN: None of these people are direct adjoing property owners, yet they are in position to tell people how to use their property? MATTF~W MULLEN: I own land in back of this gas station and it would be greatly effected by this used car lot. I see all sorts of cars parked out in back of the station and I suppo_se they were put there because of the gas station. I have no objection to anyone running a business, but this car lot would be down grading to my property in addition to the people of Nassau Point. I think this is going to be~r. more tha~ a used car ~ot, there will be junk cars out there. JAMES BREWINGTON: We have one car out there that we took the motor out of. We are going to get rid of the car as soon as we have the time. We've been pretty busy lately. Southold Town Board of Appeal~ -17- June 11, 1964 There was .some discussion about the property boundries. Board looked at the property on the tax map to determine the boundries. The MATTHEW MULLEN: He has an old car out there, which looks like its onmy property, and it has "Go like Hell" painted onthe side. This certainly is down-grading to the area. JAMES BREWINGTON: I had to put a cluth in it lo, him. MATTHEW MULLEN: I will have to take action to get that out of there. I don't think a used car lot is going to help this area any. THE CHAIRMAN: Someone could have left this old car there. It might not be Mr. Brewington's fault. JAMES BREWINGTON: It's not my fault. He couldn't get it running so he just left it there. THE CHAIRMAN: This has always been usedcas a gas station. think the main objection is against the used cars. GEORGE AHLERS: These old cars started collecting around the station after Mr. Brewington opened it up. We don't care who put that old car there and left it. We are concerned about this looking like a junk yard. We don't want this type of thing to continue. He could collect all kinds of old cars out there, and then say they are for sale. JAMES BREWiNGTON: We don't have junk cars. As I said we have one<~ car out there that we took the motor out of. We are going to get rid of the car. Alot of the cars out there we own ourselves. (Mr. Brewington went on the describe the year and model of cars which he owns and that are not for sale at the station) I don't have to sell acars. I just want to be within the law if I get'one that someone wants to buy. THE CHAIRMAN: I see quite a few people from Nassau Point. They do not like this used car lot, and they are your customers. Most people in business try to do what their customers want. I will make it known to the Nas~ePOint Association if you withdraw this application. We should/many other people inthe Town, who would take an interest in the appearance of the Town. I know a few more applications that will be coming in for used car lots. Vail is one of them, but they are extending their present lot. South~td Town Board of Appeals-J -18- Ju~e tl, 1964 You might be a hero if you withdraw this application. I am sure that Mr. Edson would also make it kno~nto the Nassau Point Association. JAMES BREWINGTON: I don't want to lose any friends. I am not going to make more money selling used cars, but as I said if somebody comes and wants to buy one, I want to be within the law. THE CHAIRMAN: As We said Mr. Edson will make it kno%nif you withdraw the application, and I~m sure the people of Nassau Point will be very happy, and you may find that your business increases. So do you want to withdraw the application? draw JAMES BREWINGTON: I will with~a~? the application and forget all about it. I don't want to lose friends and business. THE CHAIRMAN: I think that is a wise decision and I think there should be more people like you, who take a interest in whatt~he public wants. PUBLIC ~ARING: Appeal No. 675 - 9:30 P.M. (E.D.S.T.), upon application of ?~J. Harry McGowan, 17 AberdeenStreet, Malverne, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1007, Subsection e, for permission to expand a non-conforming building. Location of property: private right-of-way, south side Peconic Bay Blvd.,~ Laurel , New York, bounded north by J. Connelly, east by private road, south by M. McGowan, west by J. McGowan. Fee paid $5.00. The'Chairman opened the hearing by reading the application f~r a special exception~ legal notice ~of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. The Board and Mr. McGowan held a lenghty~iscussion on the boundries of the property, and the owner ship of the property, when the property was bought, and what the previous use of this building in question was. Southold Town Board of Appea~s -19- June 11, 19~ THE CHAIRMAN: Where is the water supply for this property. MR. MCGOWAN: The Water supply is in the far end of the property about 50 feet from the cesspool. THE CHAIRMAN: Youhave changed the exterior of the house. MR. McGOWAN: We ~were going to just build a dormer~ and then we raised the roof. The roof already had the overhang. THE CHAIRMAN: I can't imagine what it looked like before you put the addition on. MR. HULSE: It loo~ed lop-sided. THE CHAIRMAN: Do you rent this building~ or does someone live in it2 MR. McGOWAN: Just to friends and we don't charge any rent for it. THE-CHAIRMAN: What-is the access to this property2 MR. McGOWAN: The right-of-way. THE CHAIRMAN: Is there anyone who wishes to speak against this applica~on? MR. BERGEN: I would like to see prDof before I vote. I would like to see whose name the property was in right along° I have a~so been told that this has no kitchen in it. MR. McGOWAN: There has alwaI~s been a kitchen in there. And I have my deed if you would like to see proof. (Mr. McGowan presented tothe Board the deed to the property which they looked at and discussed.) MR. BERGEN: I think you just did it to beat zoning and just to make a crap house out of it. MR. McGOWAN: This is where I live. I live there, I built a home there. Southold Town Board of Appe~s -20- June 11~ l&~4 MR. BERGEN: That is what you like to live MR. McGOWAN: This was put here before zoning went into effect. This building needed a new roof, so we put a new roof on it. MR. BERGEN: I think it was all done just to beat zoning. THE CHA~: I don't think it was done quite that way. can put him under oath if you want to. Mr. McGowan, do you sware to tell the truth the whole truth and nothing but .the truth? We MR. MCGOWAN: Yes. THE CHAIRMAN: When did you take ownership of this building in question? MR. McGOWAN: It was either'57 or '58. It was before 1958. THE CHAIRMAN: I doesn't make any difference when you got the property~ The deed say September 28, 1956. That was fbefore the zoning Ordinance. I think you should have checked before you started doing any work on this building. ~ McGOWAN: I had permission to put up a dormer from Mr. Terry. Ask him, he will tell you. There was more discussion over the ownership of the property and whose name it was in for how long. THE CHAIRMAN: Is there anyone who would like to say anything further about this application? (There was no response.) After investigation and inspection the Board finds that J. Harry McGowan expanded on a non-conforming building. The Board finds that this e~pansion was made necessary by the need for more floor space. The Board finds that the public convenience and welfareand 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. Southold Town Board of Appea~s -21- June 11, 196~ On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that J. Harry McGowan, 17 Aberdeen Street, Malverne, New York, be granted permission to expand a non-conforming use, on property located on private right-of-way south side Peconic Bay Blvd., with the positive restriction of any further ~xpansion on the building in any form. Vote of the Board: Ayes: Mr. Gillispie, Mr. Grigonis, Mr. Doyen, Mr. Hulse. Mr. Bergen did not vote. Mr. Paul Kneski came befcre the Board for an informal talk. He has a lot which he wants to divide and put a cottage on this divided lot. The Board advised him that he would have to have side yards of 10' and 10' or side yards of 12' and 8'° On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated May 28, 1964, be approved as submitted. Vote of the Board: Ayes- Mr. Gillispie, Mr~ Bergen, Mr. Grigonis, Mr. Doyen, Mr. Hulse. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.D.S.T.), Thursday, June 25, 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearing upon ~t~e amended application of R.G. Terry, Esq.,Southold, New York, a/c Charlotte K. Gittinger, 3 ForestDrive,.Springfield, New Jersey, for a variance and recognition of access in accordance with the Zoning Ordinance, Article III, Section 303, 304, 307, 308, Article X, Section 1000A, and the State of New York Town Law, Section 280A, for permission to divide lots with insufficimnt frontage, and for approval of access. Location of property: $outhold Town Board of Appea~s -22- June 11, 196-~ north side Cedar Beach Road, bounded north by land of applicants east by Bay, south by land of applicant, west by land of applicant. Vote of the Board: Ayes:- Mr. Gillispies Mr. Bergen, Mr. Grigonis, Mr. Doyen, Mr. Hulse. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:40 P.M. (E.D.S.T.), Thursday, June 25, 1964, at the Town Office, Main Road, Southold, New Yomk, as time and place of hearing upon the amended application of Herbert'W. Wells~ JR., Southold, New York, a/c Vail Brothers, Inc., Main Road, Peconic, New York, for a special exception in accordance with the zoning Ordinance, Article iV~ Section 400, Subsection 9, for permission to install a parking lot to sell used and new cars. Location of property: north side Route 25, Peconic, New York, bounded north by land now or formerly orA. Cierach, east by land now or formerly of A. Cierach,. south by Main Road, west by other land of applicant. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Doyen, Mr. Hutse. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M.(E.D.S.T.), Thursday, June 25, 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearing 'upon application of He~y J. Smith, Peconic Lane, Peconic, New York, fora variance in accordance with the Zoning Ordinance, Article III~ Section 303, and Article X~ Section 1000A~ for permission to divide lots with insufficient frontage. Location ofproperty: west side~'Carroll Avenue, Peconic, New York, bounded north by Long Island Railroad, east by Carroll Avenue, South by J~0. Bell- Bedell, west by other land of applicant. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mrl Doyen, Mr. Hulsel On motion by Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.),. Thursday, June 25, 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearing upon application of Cecil Young, Main Roads Laurel,. New York, for a Southold Town Board of Appea,~ -23- June 11~ 19~_~ variance in accordance with the State of New York Town Law, Section 280A, for.approval of access. Location of property: Right-of-way north side Peconic Bay Blvd., bounded north byMain Road-Hill, east by Albert Nolte, south by'Peconic Bay Blvd., west by H. Romanowski. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen~ Mr. Grigonis, Mr. Doyen~ Mr. Hulse. On motion by Hulse, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.D.S.T.), Thursday, June 25, 1964, at the Town Office~ Main Roadz Southold, New York~ as time and place of hearing upon application ofRobert H. Preston, President, Sterling Harbor Marina, ManhassetAvenue, Greenport, New York, for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 11, for permission to erect a directional sign on the property of-Sterling'Cemetery Association. Location of property: south east corner North Road, and Manhasset~Avenue, Greenport~. New York,bounded north by North Road, east'by land of Preston~ south by Sterling Creek, west byManhasset Avenue. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Doyen~ Mr. Hulse. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that-the Southold Town Board of Appeals set 8:30 P.M. (E.D.S.T.), Thursday~ June 25, 1964, at the Town'Office, Main Road, Southold~ New York, as time and place of hearing upon application of Richard F. Mullen, Mullen Motor Sales, Main Road and Cottage Place, Southold, New york, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 400, Subsection 9, for permission to install a new£~and used car lot. Location of property: south west corner Main Road and CottagePlace, Southold, New York, bounded north by Main Roa~, east by Cottage Place, south by M. Aksten, west by R. Swezey. vote of the Board: Ayes:- Mr. Gillispie, Mrl Bergen, Mr. Grigonis, Mr. Doyen, Mr~ Hulse' On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:45 P.M. (E.D.S.T.),, Thursday, June ~5, 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearing upon Southold Town Board of~Appea~- -24- June 11,1964-~ application of Theodore Switsavage,.46-46 Broadway~ New York City, New Yo~k, for a variance in accordance with the Zoning Ordinance, Article iII~ Section 303, Article X, Section 1000A, for permission to build on a lot with insufficient frontage. Location of property: east side Marlene Lane,Mattituck, New York, bounded north by J. MaSLellan, east by District 9, south by other land of-Switsavage, west by.Marlene Lane. Vote of the BOm rd: Ayes:- Mr. Gillispie, Mr, Bergen~ Mr. Grigonis, Mrl Doyen, Mr. Hulse. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 9:00 P.M.(E.D.S.T.), Thursday, June 25, 1964, at the Town'Office, Main Road, Southold, New York, as time and place of hearing upon application of Samuel Copin, Vice President, Fleet Lumber, Inc., Route 25, Greenport, New York, for a special exception in accordance with the Zoning Ordinance,' Article IV~ Section 408, Subsection B,~ for permission to erect an on premises wall sign. Location of property: south side-Route 25, Greenport, New York, bounded north by Main Road, east by Mi Cassidy, south by Long Island Railroad, west by R. Brown. Vote of the Board$ Ayes:- Mr. Gillispie, Er. Bergen, Mr. Grigonis, Mr. Doyen, Mr. Hulse. On motion bF Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED that the Southold Tc~nBoard of'Appeals set 9:10 P.M.'(E.D.'S.T.), Thursday, June 25, 1964, as time and place of hearing upon application of Samuel Copin, Vice President, Fleet Lumber, Inc., Route 25~ Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV~ Section 408, Subsection b, for permission to erect an on premises wall signl Location of property: south side Route 25, Greenport, New York, bounded north by Main Road, east by M. Cassidy, south by Long Island Rail Road, west by R. Brown. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis,, Mr. Doyen~ Mr. Hulse. O~motion by-Mr. Hulse~ seconded by Mr. Gillispie, itwas RESOLVED that the Southold Town Board of Appeals set 9:15 P.M.(EoD. S.T.), Thursday, June 25, 1964, at the Town Office,' Main Road~ SoUthold, New York, as time and place of hearing upon application or,samuel. Copin,~ Vice. President, Fleet Lumber~ Inc., $outhold Town Board of Appeals- -25- June 11, 196~ Route 25, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IVy. Section 408,. Subsection b, for permission to erect .an on premises wall sign. Location of property: south side Route 25, green- port, New York, bounded north by Main Road, east by M. Cassidy~ south by Long Island Railroad, west by Ro Brown. Vote of the Board: Ayes:-Mr. Gillispie~ Mr. Bergen, Mr. Grigonis, Mr. Doyen, Mr. Hulse. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was, RESOLVED that the Southold Town Board of Appeals set 9:30 P.M. (E.D.S.T.)~ Thursday, June 25, 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearing upon application of New York Telephone Company, 140 West Street, New York City, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for permission to install a coastal harbor-radio-telephone receiving station on the property of Mattituck Park District, known as "~attituck veteran's Memorial park",Mattituck, New York° Location of property: south west side Peconic Bay Blvd., and Bay Avenue, Mattituck, New York, bounded north by Peconic Bay Blvd., east by Bay Avenue, south by Bay, west by Allyan Realty Corp., right-of-way, and others. vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergenz Mr. Grigonis, Mr. Doyen, Mr. Hulse. On-33motion by Mr. Bergen,~ seconded by Mr. Grig.onis, it was RESOLVRD that the Southold Town Board of Appeals set 9:45 P.M. (E.D.S.T.), Thursday, June 25, 1964, at the Town Office, Main Road, Southold~ New York, as time and place of hearing upon application of Shephard M. scheinberg~Esq., 220 Roanoke Avenue, Riverhead, New York, for a special exception in accordance with the Zoning Ordinance~ Articl~ IVw Section 400~ Subsection 9, for permission to extend permission granted for the sale and service of motor vehicles, farm machinery, etc. Location of property: north east corner of Railroad Avenue, and North Road, Southold, New Y~rk, bounded horth by J. Harris, east by F. Abrams, south by North Road, west by Youngs Avenue. vote of the Board: Ayes:-Mr. Gillispie~ Mr. Bergen, Mr. Grigonis~ Mr. Doyen, Mr. Hulse. -~ Southold Town Board of Appea~ -26- June 11, 196~ On motion by Mr. Grigonis, seconded by Mrl Doyen~ it was RESOLVED that the Southold Town Board of Appeals set 10:00 P.M. (E.D.S.T.), Thursday, June 25, 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearing upon application ofS.T. Soge, Treasurer, Island End Golf and Country Club, Inc., Route 25, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 300,Subsection 11, for permission to renew and relocate an on the premises idenification sign granted June 25, 1962. Location of property: north side ~oute 25, Greenport, New York, bounded north by other land of applicant, east by'Leroy Brown, south by Route 25, west by Warren Critchlow. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mrl Grigonis~ MriDoyen, Mr. Hulse. On motion by Mr. Doyen, seconded by Mr. Hulse~ it was RESOLVED that the Southold Town Board of Appeals set 10:15 P.M. (E.D. SZT.), Th~sday, June 25, 1964~ at the Town Office, Main Road. Southold, New York, as time and place of hearing upon application of Alfred Kneski~ Middle Road, Mattituck, New York, a/c Pauline Kneski, Middle Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000a, for permission to divide and build on a lot with insufficient frontage. Location of property: south side Middle Road (CR 27A)~ Mattituck, New York, bounded north by Middle Road (CR 27A)~ east by J. Blasco, south by Sound Avenue, west by-A. Walgo. Vote of the Board: Ayes: Mr~ Gillispie~ Mr. Bergen, Mr. Grigonis, Mr. Boyen, Mr~ Hulse. The next meeting of theSouthold Town Board of-Appeals will be held at 7:30 P.M.~ Thursday~ June 25, 1964, at the Town Office Main Road, Southold~ New York. Meeting Adjourned 12515 P.M. Respectfully submitted, Barbara v.. Carroza, Secretary