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HomeMy WebLinkAboutZBA-11/05/1964Southold Town Board Appeals SDUTHDLD, L. I., N. Telephones® APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grcgonis, Jr. Serge Doyen, Jr. Fred Huls¢, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS November 5, 1964 7:30 P.M., Thursday, November 5, 1964, at the Town Office, Main Road~ Southold, New York. There were present: Messrs: Robert W. Gillispie~ Jr., Chairman~ Robert Bergen~ Serge Doyen, Jr., Fred Hulse~ Jro Absent: Mr. Charles Grigonis, Jr. PUBLIC HEARING: Appeal No. 720 - 7:30 P.M.(E.S.T.), upon application of George Sachey~ Soundview Avenue, Mattituck, New York~ for a variance in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 7, for~permission to locate a private detached garage in the front yard area. Location of property: north side Soundview Avenue~ Mattituck, New York~ bounded north by'Long Island Sound, east by Wilsberg, south by Soundview Avenue~ west by Frank Arnold. Fee paid $5.00. The Chairman opened thehearing by reading application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper~, and notice to the applicant. Southold Town Board of App~ls -2- November 5~1964 THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? (There was no response.) THE CHAIRMAN: The garage is going to be 22' by 36~. Is there anyone presentwho wishes to speak against this application? JAMES OLSEN: I would like to ask a question. Did you say the size of this garage is 22: by 36'? THE ICHAIRMAN: Yes~. that is right. JAMES OLSEN: It's unusual for a garage to be that size. MR. BERGEN: It's a two car garage, and in the back he has a little shop for his wife who does copper work. THE CHAIRMAN: Are there any other questions in connection with this application? (There was no response.) After investigation and inspection the Board finds that George $achey wishes to construct a private detached garage in the front yard area. This will be a two car garage with a small work shop in the back. The constzuction will be 22 feet by 36 feet. This is waterfront property~ and the main house is located close to the water~ thus msking it impossible to locate the garage in the rear yard area. ~e Board also finds there are other garages in the area located in the front yard area. The Board finds that strict application of the Ordin- ance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not'be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Southold Town Board of Appeals -3- November 5, 1964 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was PdESOLVED that George Sachey, Soundview Avenue, Mattituc~ New York, be granted permission to construct a private detached garage in the front yard area of proper~y located north side Soundview Avenue, Mattituck, New York, subject to the following conditions: 1. The garage shall be at least 25 feet from the front yard line. 2. The garage shall be at least 5 feet from the side yards line. Vote of the Board: Ayes:-Mr. Gillispie~ Mr. Bergen~ Mr. Doyen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 721 - 7:45 P.M.~.S.T.), upon application of John Gamb~$,10Annette Avenue, Smithtown, New York, for recognition of Access in accordance with the State of New York Town Lawa Section 280A. Location of property: private right-of-way off south side Bayview Avenue, Southold, New York, bounded north by private road, east by R.J. Turner, south by Peconic Bay, west byEdward Mills. Fee paid $5.00. The Chairman opened the hearing by reading application for recognition of access~ legal notice of hearing~ affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRM~: Is there anyone present who wishes to speak for this application? JO~N GAMBLE: I am the applicant. THE CF~IRMAN: Most of the details are in the application. YOU brought the property in 19647 JOHN GAMBLE:It was actually 1963. THE CHAIRMAN: In 1963, from whom? Southold Town Board of Appe~s -4- November 5~964 JOHN GAMBLE: John Bauer. THE CHAIRMAN: What did he tell you abQut getting in and out of this property? JOHN GAMBLE: He said there was a 50 foot right-of-way,. about 1800 feet of road. THE CHA/_RMAN: Have you assumed use of that 50 feet? JOHN GAMBLE: We have used pretty much of the 50 feet. ROBERT TURNER: I also own property here. I thought that I would come down by the suggestion of Mr. Terry. THE CHAIRMAN: Ail of the right of way is owned by-Arch Davis? ROBERT TURNER: Yes. (The Board viewed the tax map~ along with Mr. & Mrs~ Gamble and Mr. &Mrs. Turner, to determine what p~operty surrounded the property in question. Mr. Terry pDinted out the property owned by Mr. Martz, who had also requested recognition of access on kthis right-of-way in January~1964.) WILLIAM SMITH: This right-of-way has been in existence fora good many years. MRS. GAMBLE: TWO years ago we were asked to chip. in to put this road in hhape. HOWARD TERRT: We are interested in having this accessible to fire truck, police cars, ambulences, and other emergency equipment. MR. TURNER: We certainly will be willing to bring up the grade of the road. The water that falls in there has no where to go. (A discussion washeld on what should be used to improve the road as far as building it up is conderned. The Chairman advised the applicant there are no road specifications for a private right-of-way.) Southold Town Board of Appeals -5- November 5~ £964 MR. TURATER: I have been given ingress and egress of the right-Of-way. Mr.. Davis owns this property and Mr~ Terry suggested that we see him. He has no interest in doing anything to the road, but before anything~is done we should clear it with Mr. Davis. THE CHAIRMAN: What we are up against %here, the building inspector can not grant a building permit on propertywith no access. What we are concerned with is emergency vehicles egressing and ingressing on this right-of-way. When you start to build there will be Long Island Lightingtrucks and other trucks using the road. IfMr. Davis would improve the road~ your major problem would be solved. MR. SMITH: The whole hitch is getting the others to do it. It is going to cost somebody alot of money to fix this road. MR. TURNER: What we are talking about here is improving the entire road. THECHAIRMAN: We mustmake sure there is proper access before we can grant you .access on this. MRS. GAMBT~: The road is there and most of the emergency vehicles and the trucks have four whe~l drive. MR, TURNER: i think the problem is magnified here. I have never had a problem on the right-of-way, and none of my otherneighbors have had a problem. THE CHAIRMAN: There is a problem in the summer as well as in the winter. You say you are not going to use it in the winter, but you get to spending more time there~ MR. SMITH: The whole thing hinges on the fact that it~is a hardship because you have 12 owners on this right-of-way, and you are not going to get alot~to contribute to this. What Mr. Gamble is doing here is building a shell and doing the rest himself. THE CHAIRMAN: You should approach the neighbors. Southold Town Board of Appeals -6- November 5,~1964 MR. TURNER: People who have already built on their lots don~t want to contribute. MR. GAMBLE: Others have built on roads like this. I can't see the difference. HOWARD TERRY: The difference is a filed map. MR. TURNER: When I brought the lot, I wasn't aware there were zoning commitments. HOWARD TERRY: 1960 was when the access law was put into effect in Southold Town. GOTTLTRB NICKLES', Main Road, Southold, (Real Estate): sold this lot .to Mr. Gamble, and I certainly wasn:t~aware of it that they needed approval of access. If I did, I would have told them. THE CHAIRMAN: When do you plan to start building° MR. GAMBT~: I had intended to start this fall. THE CHAIRMAN: What we have done in the past is ask that the access be improved. We can give you some suggestions. When we are in doubt we refer to the local fire chief and ask him to look at it. Ask Mr. Terry what you have got to do. If you are going to get your neighbors in on this, that would be your first step. Decide how much money you are willing to spend and see what you can do. We can't permit ySu to build on this until your access is approved. ~MRS. GAMBLE: We were planning to improve it after we built. MR. SMITH: It won't do any good to built up the road now. (Again a brief discussion washeld to determine the best way to improve the road, and what could be used on the road. The Chairman advised that they might try dumping sand and gravel on Athe road frequently,~) Southold Town Board of Appeal~s -7- November 5~ MR. SMITH: Where there are several owners down there who are not interested in doing anything about this, I consider this a hardship. MR. NICKLES: What good is the road? THE CHAIRMAN: None, we are concerned with the ~6hing Ordinance. MR.~ TURNER: There are houses built down there now. THE CHAIRMAN: Alot of houses have been built years ago. When you are ready to have the right-of-way inspected get in touch with the fire chief. MR. TURNER: Since this is a wi~er problem~ how about a summer occupancy and live there 6 months. You just gave a building permit to someone with no better conditions. HOWARD TERRY: The property is on a filed map and access has been approved on it. (The poor conditions of the roads in Gardiners Bay'Estates was briefly discussed. However the Chairman pointed out that the difference here was that Gardiners BayEstates was an approved filed map~. there fore making the roads accessible and the lots could be built on.) MR. SMITH: There is no justice in this, but ~his is why you have appeals. When you can grant a permit on the same land right next door~ I should think that this appeal should amount to something. THE CHAIRMAN: We will issue an access permit when the road is improved and the fire department approves it. MR. TURNER: If we fill the road in this winter and the trucks use it~ we will only have to build the road up again. MRS. TURNER: This road has been passable for 17 years. MR. TURNER: This road is used by scallopers in the winter. Southold Town Board of Appeals -8- November 5 ~'~ti964 MR. DOYEN: You should do the mininum in your own self- interest. MR. TURNER: What insurance do we have that we can build a house. MR. DOYEN: We don~t have any road specifications. MR. TURNER: We are tailing about property that we don't even own. MR. DOYEN: You need a lawyer to tell you the exten~ of your rights. MR. TURNER: We have a right to go to our property. (A discussion was then held on the approximate cost to put this right-of-way in good enough condition so that the Board could grant recognition of access on it.) The Board agreed to recess this hearing until such time when the right-of-way was improved and meets the approval of the fire department. PUBLIC HEARING: Appeal No. 722 - 8:00 P.M.~(E.~S.T~), Upon application or'california Oil Company,RFD 4, Westminster Ave,, Huntington~ New York, for a special exception in accordance with the Zoning Ordinance, Article IVt Section 408, Subsection (-c), for permission to erect an on premises sign at the Chevron Service Station in Southold,~ Location of property: Bayview Avenue and Main Roadt Southold~ New York, bounded north by Bayview Avenue and Main Road, east by Bayview Avenue, south by Jose Depaz, west by'Main Road.. Fee paid $5.00. (In view of the fact that the applications for this hearing had been returned to Mr. Hockman, agent, in order to have his signature notarized,: and were not returned to the Board in time for the hearing~ the Board held an in- formal discussion with Mr. Hockman since he had traveled. a great distance.) November 5, ~Z964 Southold Town Board of Appeals -9- (Mr. Hockman is the agent for california Oil Company. He explained the type of sign requested and stated that this is a standard "Chevron" sign. Mr. Hockman stated that the sign is illuminated an only on during the hours of operation. The station closes at 8 o~clock~ therefore, there would be little need for the sign oto be illuminated during the summer months. There is also another sign on the building which read "WE take better care of your car". The Chairman advised Mr. Hockman that %he could not have a roof sign as he proposed, and there would have to be another type of sign installed. It was determined that the best solution would be to combine the signs on the face of the building~ not to exceed the area prescribed for signs in the Zoning Ordinance.) THE CHAIRMAN: Is there anyone who wishes to speak against this application? (There was no response.) The Board recessed this hearing until the formal applications are received, at Which time the Board will take formal action on the application. PUBLIC HEARING: Appeal No. 723 - 8:30 P.M. ~.S.T.), Upon application o~ Carl & Ethel Besch, Main Road~ Mattituck~ New York, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 4A, for permission to operate a riding academy. Location of property: north side Main Road, Mattituck, New York, bounded north by Long Island Railroad, east by Kersnowski-P~ice~ south by Main Road, west by'Wm. Maston. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exception, le~l notice of hearing, affidavit attesting to its publication in the official newspaper, and notice oto the applicant. The Chairman read the letter written to the Health Department requesting information about the Besch operation. ~' Southold Town Board of Appeals -10- November 5;~i964 The Chairman read the following letter from the Suffolk CountyHealth Department: "Southold Town Board of Appeals, Southold, New York, Attention: Mr. Robert~W. Gillispie, Jr. "Dear~ Sir: "Upon receipt of your letter regarding the Besch appli- cation for a special exception to operate a riding stable, an inspection of the premises was conducted and our files were examined. "The inspection revealed that the stables were in poor condition. There was evidence of rodent infestation inside the stables and a fly problem a~so existed, Manure in the stalls was several days old indicating poor housekeeping with additional manure piles to the rear of the stables. The entire manure situation needs to be handled more efficiently so as to eliminate the fly and rodent condition. "In checking the files, an inspection had been made in July~ 1964,~ at which time the conditions were much the same. Mr. Besch did correct the violations at that time but it seems form these two inspections that unless the operation is kept under constant inspection the care and maintenance of the stables is inadequate. "If the stables cannot be properly maintained asthey now~exist we have serious doubts as to whether they can be maintained in a satisfactory manner if the scope of the stables is enlarged. "We hope this information will be helpful in making your decision. "If we can be of any additional assistance Please contact us. "Very truly yours~ /s/ RobertLA. Villa~i P,E,', District Manager." Southold Town Board of Appeals -ll- November 5, 1964 THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? JOHN MCNULT¥, ESQ.: I represent Mr. Bescho I would like to make several remarks. First, this application is concerned with the riding aspect. This is not an application to main- tain stables, not an application to maintain manure piles~ or anything df that nature. He has the perfect right to use his property to raise any animals~ exclusive of ducks. We are here to make legal the use of this property to conform with the Ordinance with respect to renting of an occassional horse to someone who wishes to go horseback riding. THE CHAIRMAN: What is your definition of the terms "stable" and "Riding Academy" ? JOHN McNULTY, ESQ.: A stable is any structure in which animals, horses~ cattle~ goats~ are kept. A riding academy would bez in respect to horses~for riding~ I would assume. T~E CHAIFaVa%N: The riding academy is usually where horses are housed on the premises and people come to the premises and ride for so much an hour, but they d~not usually take the horses home with them. (There was some discussion 'on the definition of a riding academy and a livery stable) THE CHAIRMAN: Mr. Besch believes that he is entitled to raise horses and breed them in the agricultural zone. The point you are making is that he has another use. JOHN McNULTY~ESQ.': That is right~ Sir. THE CHAIRMAN: The occassional boarding of horses? JOHN MCNULTY,ESQ.: There~ Mr. Gillispie~ if he doesn*t rent any horses out on an hourly basis~ he would still be in position to board horses and would not be in violation of the Ordinance. THE CHAIRMAN: Does Mr. Besch raise these horses from colts? Southold Town Board of Appeals -12- November 55 ~1964 JOHN McNULTY, ESQ.: He has a couple of colts. THE CHAIRMAN: Where does his major supply of horses come from ? CARL BESCH: They are shipped in from all over the country. We have a wholesale operation. JOHN McNULTY, ESQ.: I would like to address some of my remarks to the Appeals Board in respect to the special exception. The Board should give considerate attention to Section 800~ Subsection ~)~ which deals with what the Board should consider in making their determination. THE CHAIRMAN: What does he mean by renting horses ocassionally? For instance, do you have any horses down by Brown's Cabins in East Marion? CARL BESCH: They are their own horses. JOHN McNULT¥,ESQ.: When do you rent the horses? CARL BESCH: After school closes. JOHN McNULTY,' ESQ.': Mostly during the summer~, is that right? CARL BESCH: Yes. THE CHAIRMAN: Where do they ride these horses? On your own premises or their premises? CARL BESCH: JOHN McNULTY,~ ESQ.': There is a girl's camp on the bay. MR. DOYEN: The renting of the horses is incidental to the operation, What do you mean by incidental? JOHN MCNULTY, ESQ.: Do you have any figures about how much you make on renting the horses? CARL BESCH: About $3~500. THE CHAIRMAN: What would it cost if I wanted to board a horse for a month? Southold Town Board of ApP&~ls -13- November 5~1964 CARL BESCH: About $60.00 a month. THE CPLAIRMAN: What you make on renting the horses would only be a fraction of what you gross for the year? CARL BEMCH: Yes. JOHN MCNULTY,EMQ.: There is also a track on this property. THE CHA/ARAWAN: How much riding is done on this track~ CARL BESCH: Mostly for little children. Steady customers take the horses home. JOHN $cNULTY, ESQ.: Now I read from section ~) 7 of the Ordinance. "Whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing~ or if proposed by the Town or by other competent Governmental agency; ". This operation will not restrict, but add to the recreational facilities of the Town. There are several boy's camps near by. THE CHAIRMAN: Do they use the horses? CARL BESCH: Yes. ~THE. CHAIRMAN: Is ~here plenty of space for parking? JOHN McNULTY,ESQ.: Yes, all off street parking. MR. HUI~E: How many horses do you have? CARL BESCH: About 10 horses and 12 ponies. MR. HULSE: Then you would normally have about' 20 horses?? JOHN MCNULTY, ESQ.: It fluctuates. THE CHAIRMAN: You have the ponies for the children? CARL BESCH: Yes. Southold Town Board of App~hls -14- November h~ 1964 JOHN MCNULTY,ESQ.: I have a survey here if the Board would like to examine it. THE CHAIRMAN: You have this fully fenced? CARL BESCH: Yes. THE CHAIRMAN: There were originally chicken houses here? CARL BESCH: Yes. THE CHAIRMAN: Do you have an area for cleaning the horses? CARL BESCH: Yes. THE CHAIRMAN: Is there anything else you would like to add here? JOHN McNULTY, ESQ.: I would like to mention that the Board of Health has only made inspection on two occassionso I assume that the County makes periodical inspections. Perh~s the refuq~ p~led up or got'ahead of him~ I don~t know. This inspection by the Board~ of Health~ I don't think would indicate actual conditions that are usually present~I might add that I don~t know how often the Board of Health inspects dairy barns. A man with a white collar sitting in the Health Depart- ment-Office in Riverhead might have a different view point than an agricultural man would have. I think we welcome the Board of Health to make inspections through the Town. MR. DOYEN: Are you saying thathe is incompetent? JOHN MCNULT¥,ESQ.: No~ Sir. I said that he might look at it with a different view point. THE CHAIRMAN: Do you have rodents? CARL BESCH: We have a few rodents. (The Chairman and Mr. Besch briefly discussed the type of disinfectant used to clear up the rodent problem.) (Henry Kernoski interupted to speak against this application. The Chairman advised him that he would be given and opportunity to spaak.) Southold Town Board of Appeals -15- November 5~ 1964 T~E CHAIRMAN: Is there anything else~~ Mr~ McNulty? JOHN MCNULTT, ESQ,': No' THE'CHAIRMAN: Do these horses go on the Main Road? CARL BESCH: They go northland do not use the south gate. THE'CHAIRMAN: Do they cross the tracks at ground level or over? Also was there an accident at this crossing? CARL BESCH: Atground level' Yes, a horse was killed, and the woman jumped off. THE'CHAIRMAN: Do you have liability insurance? CARL BESCH: No, You can't control a rider on a horse~ THE~CHAIRMAN: Do you have customers sign awaiver? CARL BESCH: we have a sign up "ride at your own risk". THECHAIRMAN: You have taken steps to eliminate hazards in crossing the Long Island Railroad tracks? CARL BESCH: Yes. (Mr. Besch stated~ in response~to a questions that Benny and Ed Jazombek own the property on the north and have given them verbal permission to go across the land. THE CHAIRMAN: A question that has come up is how many horses you can put on an acre. Do you have anything to say on that score? JOHN McNULTY,ESQ.: Where he is only raising horses or boarding horses~ there are no restrictions. There are no restrictions in the Ordinance how many you can have. I think it would depend on whether or not the horses were grazed. THE CHAIRMAN: What does Mr. Besch have to say on this? CARL BESCH: The horses are grain fed~ they do not graze. Southold Town Board of Appeals -16- November 5~ ~/1964 JOHN McNULTY, ESQ.: In the "A" District there is such a thing as a horse farm. When they use the terms stable and riding academy, it's similar to the horse farm. I think at this time I should like to refer to the facilities that were here. In 1962~ he purchased the property and moved the horses in. He was served with a violation on June 28~ 1963, on grounds that a riding and saddle horses rental business is being operated in a residential and agricultural "A" District° We made application to the Town Board and paid the $25.00 fee. The Planning Board gave their approval. We are not asking for a horse stable, we are asking to rent the horses out. MR. DOYEN: Are you trying to say that you need permission for renting the horses? JOHN McNULTY~ESQ.': We think we were in conformity as far as raising the horses. At the time we ma.~e the application, both Mr. Terry and Mr. Tasker said while the application was pending we could rent these horses. It is my position that as far as renting the horses is concerned, we have a non- conforming use. However~ we are back again to the incidental aspect of the business. THE CHAIRMAST: In my opinion you have a nonconforming use. This was there priorto the enactment of the amendment for raising horses. JOHN McNULT¥,ESQ.: I don't like to place the town attorney in an~awkward position. THE CHAIRMAN: Are there any questions the Board would like to ask before we go on to the people against this application? CThere was no response.) THE CHAIRMAN: Is there anyone who wishes to speak against this application? JAMES OLSEN: My name is James Olsen, I have a real estate office just east of Besch. THE CHAIRMAN: How far ? Southold Town Board of Appe~s -17- November 5, £964 JAMES OLSEN: Accross from the vegetable stand. Mr. Besch stated that the horses don~t come out on the road, there was no fence up at that time. We have counted as many as 100 flies in 45 minutes coming in a car window. They were flies this size. (indicated size of flies with fingers.) I shouldn't have any objections to the business aspect, the health aspect is out of this world. Mr. Besch has also bulldozed a dirt track, the dust from this is something else. This horse r~ting business has existed since Mr. Besch brought the property. THE CHAIRM~N: He bought the property in 1962. jAMES OLSEN: I don~t know if this board has any jurisdiction over public nuisance. Perhaps the only way to get anything done is to get the Board of Health down there evey day, otherwise we will have the same conditions again. HENRY KERNOWSKI: I have that road side stand on the east of Mr. Besch's property. The fly problem and the ~ust problem ma~es it impossible for me to keep the flies and dust off my vegetables. THE CHAIRMAN: When did you pnrchase this road side stand? HENRY KERNOWSKI: I had it for about 10-12 years. THE CHAIRMAN: Do you raise the produce on the property? HENRY KERNOWSKI~ I have 18 acres in Aqueborgue. The flies and dust make it difficult for me to operate. Eventually it will put me out of business. Mrs. Wells had a chicken farm here. She gave it up quite a few years before Mr. Besch bought the property and brought the horses in there. How much acreage do you need to raise horses? THE CHAIRMAN: There is no specific acreage. You brought up the fly and dust problem. Did the chicken farm bother you? HENRY KERNOWSKI: No. THE CHAIRMAN: Is there anything else on this application? JOHN McNULTY,.ESQ.: I would like to establish when the Real Estate Office was opened by Mr. Olsen. Southold Town Board of Appeals -18- November 5~ ~1964 MR. OLSEN: In the Spring of 1964. JOHN McNULTYtESQ.': W~re the horses there then? MR. OLSEN: Yes, THE CHAIRMAN: YOU didn't expect any difficulty from the horses? MR. OLSEN: Of course not. JOHN McNULTY, ESQ.': I would like to have the Chairman establish how much off street parking area is provided by Mro Olseno MR. OLSEN: The front is 524 in widths, on the corner of the building 9' in and the other 15:. THE CHAIRMAN: You have room for two cars? MR. OLSEN: Yes. THE~CHAIRMAN: Where do you park your car? MR.' OLSEN: On the end of the building. You can get three or four cars in between. THE CHAIRMAN: How deep is the lot? MR. OLSEN: 178 feet. JOHN McNULTY, ESQ.~: Mr. Kernowski, I would like to establish how long after you purchased the property you put up the road side stand? MR. KERNOWSKI: About one year after I bought the property. JOHN McNULTY, ESQ.: How much off~street parking is provided at this road side stand? MR~ KERNOWSKI: Three cars, if they double up there is room for six cars. There is more room than other stands have. Southold Town Board of Appeals -19- November 5~.J'1964 'THE CHA~: Could you move the stand back? MR. KERNOWSKI: If I moved it back¢ no one could see it~~ THE ~ CHAIRMAN: There is room to move it back though ? MR~ KERNOWSKI: Yes. THE CHAIRMAN: How many people work on the Besch farm? MR,~ BESCH: My wife~ and myselfl In the summer we have one helper. JOHNMCNULTY: I would like to establish through the Chairman the gross income in 1962, 1963, 1964 of this road side stand. He said this would eventually put him out of business. THE CHAIRMAN: Do you have any figures? MR. KERNOWSKI: I would say this year there was quite a noticeable decrease. The main reason for this decrease is I can't keep the files out of my place. I spray it at night~ there are no flies in the morning, then within 10 or 15 minutes I am loaded with flies. THE CHAIRMAN: You can't screen this in? MR. KERNO~SKI: A road side stand isn:t screened in. If I cover up the display and enclose the building~ it looks like a store° THE CHAIRMAN: Is there anything else that should be brought up? (Mr. Kernowski stated that-~e had been talking with Charles Price and Mr. Jazombek, adjoining property owners~ and they did not approve of the horses riding on their property. However, Mr. McNulty objected to this statement on the grounds that it is hearsay.) MRj OLSEN: If Mrl Besch takes in $3~500 as an incidental~ I think I am in the wrong business. THE CHAIRMAN: We were trying to establish the proportion of his business devoted to rental of horses for riding purposes. Southold Town Board of Appeals -20- November 5 ,~964 THE CHAIP~iA~: Is there anything else? MR. KERNOWSKI: When I bought this property, and at that time there were no horses around, I paid a certain price for the property. I don't k mow if i could get the money I paid for that property. It is knocking down the value of the~ property. THE CHAIRMAN: Anything else? (There was no response.) THE CHAIRMAN: We will recess the hearing at this time and make our decision later. Mr. Lester Wallace~ East Marion appeared before the Board for an informal discussion in reference to attaching a garage and breezeway to the existing dwelling, with insufficient side yard. 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.S.T.), Thursday, November 19, 1964, at the Town Office, Main Road, Southold, New York, as time and placeof hearing upon application of Lester and Lillian Wallace, Ketcham Lane, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Articie III, Section 307, for permission to attach a breezeway and garage to the house with insufficient side yard. Location of property: east side Ketcham Lane, East Marion, New York, bounded north by F. Begora, east by F. Preston, south by F. Begora, west by Ketcham Lane. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr~ Doyen, and Mr. Hulse. On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 7:$5 P.Mo(EoS.T.), Thursday, November 19, 1964, at the Town Office, Main Road, Southold, New York, as time and place of Hearing upon application of Robert Hiltz, Route 25, Selden, New York, a/c Fred Ninesling, 139 Steamboat Road~ Great Neck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to build a dwelling with insufficient sideyards. Location of property: west s~ e Lilac Lanej off nqrth_si~e Sterling Road, "Nassau~Farms"~ Lot ~115, Cutchogue, mew ~orK. ~ ~ Southo/I~ Town Board of Appeals -21- November 5~_-~'1964 Vote of the Board: 2Ayes:-Mr. Gillispie~ Mr. Bergen, Mr. DOyen, and Mr. Hulse. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated October 22, 1964, be approved as submitted. VOTE of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Doyen, and Mr. Hulse. The Board reviewed and discussed the Besch application. This hearing was recessed in order that the Board may consult the Town Attorney. The next meeting of the Southold TownBoard of Appeals will be held at 7:30 P.M.i,i Thursday, November 19, 1964, at the Town Office, Main Road~ Southold, New York. Meeting adjourned 12:30 Respectfully submitted, Barbara L. Carroza, Secretary