HomeMy WebLinkAboutZBA-07/09/1964 APPEAL BOARD
MEMBERS
Roberf W. Gill~spie, Jr., Chairmen
Roberf Bergen
Che ties Gregonis,
Serge Doyen Jr.
Fred Hulse, Jr.
SOIJTHOLD, L.I., N.Y.
Telephone SO 5-2660
MINUTES
SOUTHOLD TOWN BOARD OF
July 9, 1964
A regular meeting of the Southold Town Board of Appeals was
held 7:30 P.M., Thursday, July 9, 1964, at the Town Office, Main
Road, Southold, New York°
There were present: Messrs: Robert W. Gillispie, Jr., Chairman,
Robert Bergen, Fred Hulse~ Jr.
Absent: Mr. Serge Doyen~ Jr., Mr. Charles Grigonis, Jr.
PUBLIC P~EARING: Appeal No. 688 - 7:30 P.M. (E.D.$.T.)~ upon
application of Edward Ford, South Harbor Road, Southold, New York,
for recognition of access~in accordance with the State of New York
Town Law, Section 280A. Location of property: east side South
Harbor Road, Southold, New York, bounded north by W. Co Chapek, and
others, south by land of E. Ford, west by South Harbor Road. Fee
paid $5.00.
Southold Town Board of Air,als -2- July 9, 1~
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 CHAIRMAN: Is there anyone present who wishes to speak in
favor of this application2
SENATOR FORD: Well, I don't understand this. I would like to
know was this turned down or wasn't it. I bought this land some
years ago. Now does this mean that I can't sell it?
TPIECHAIRMAN: Access to these houses have to be approved.
In order to get a building permit for these lots, you have to have
approval of access. In case of fire or other emergency, equipment
can go in and out easily. If you sell a lot you have to have
approved access to it.
SENATOR FORD: How does that apply to previous requirements.
How about the house and land bought by Snellenburg. That was
after 1957.
HOWARD TERRY: The house was built prior to the State Law.
SENATOR FORD: Then I can't build on any land?
HOWARD TERRY: Before I issue a building permit, you have to
have approval of access on this road. You can build on it, when the
Board approves this access.
SENATOR FORD: As long as I am able to build on it. W~en things
get to a point when I want to retire,to sell some of this land, and
have a nice little income coming in.
HOWARD TERRY: All you have to get is approval of access.
THE CHAIRMAN: This is for the benefit of the p~ople and the
Town of Southold. YOu have to be able to get in and out of a
road for the saft~Lgf the people.
SENATOR FORD: I can easily take some of my land and add to this
road to make it wider.
THE CHAIRMAN: The State requires a mininum of 15 feet. What we
do in case there is any doubt in our mind, we ask the local fire
department to inspect it, and give us there opinion of the access.
Southold Town Board of App~als
-3-
July 9, 1~
MR. HULSE: This is a good road.
THE CHAIRMAN: Is there anyone present who wishes to speak
a~inat this application?
(There was no response.)
After investigation and inspection the Board finds that
Senator Ford request approval of access on a private right-of-
way. This right-of-way will be used to reach interior lots that
Senator Ford plans to sell. The access road is clear of hanging
limbs, and is level. The road is accessible to fire trucks and
other emergency equipment.
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 Edward Ford, South Harbor Road, Southold, New York,
be granted recognition of access, on property located east side
South Harbor'Road, Southold, New York.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No. 689 - 7:40 P.M. (E.D.S.T.), upon ~
application of'Land and Sea Motor Sales, Inc., Main Road, Mattituck,
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 for the sale of used cars. Location of property:
south west side Main Road and Bay Aven~e, Mattituck, New York,
bounded north by Main Road, east by Bay-Avenue, south by E.W. Wils-
berg, west by E. W. Wilsberg. Fee paid $5.00.
The Chairman opened the hearing by reading application ~or
special exception, legal notice of hearing, affidavit attesting
to its publication in the official newspaper, and notice to the
applicant.
Southold Town Board of Api~als
-4-
July 9, 1~964
THE CHAIRMAN: Is there anyone present who wishes to speak
in favor of this application?
ROBERT BOHNEMANN, President of Land and Sea Motor Sales, Inco;
I don't know what else is to be said that isn't stated there.
THE'CHAIRMAN: The lot appears to be 50 feet on one end, 150
feet on the other end and 200 feet on the~%~in Road.
ROBERT BOHNEMANN: Yes, sir.
THE CHAIRMAN: This is business area?
MR. BERGEN: Yes. How far is the milk machine from the road?
ROBERT BOPINEMANN: About 25 feet° We haven.'t planed to put any
cars to the east of that milk machine.
MR. BERGEN: It shows the sign on the drawing, but not the
milk machine.
THE CHAIRMAN: Do you plan to sell any ~as?
ROBERT BOHNEMANN: No.
MR. HLrLSE: Any repairs?
ROBERT BOHNEMANN: No.
THE CHAIRMAN: Where do you get the cars? Are they driven out?
ROBERT BOHNEMANN: Yes.
~E'CHAIRMAN: So a trailer truck transporting the cars would not
be a traffic problem. Individuals will drive them out here~ and place
them on the lot, and then you own them. ~
ROBERT BOHNEMANN: Yes. There is a possibillity that a carmay be
sold on a consignment basis.
MR. BERGEN: Do you have a used car dealer's liscense?
ROBERT BOP~YEMANN: It is pending, the same time this application
is pending.
Southold Town Board of Appeals
-5-
July 9, 19o4
THE CHAIRMAN: I assume that you will handle boats and motors.
New and used boats?
ROBERT BOHNEMANN: Yes.
THE CHAIRMAN: Are you going to buy any wrecks?
ROBERT BO~: No.
The Chairman explained to the applicant the concern about
junk yard in the Town of Southold.
THE'CHAIRMAN: Any mechanical work?
ROBERT BOHNEMANN: No, very little. Most of it ~cwill be sent
out some place else. Like transmission work, I would take that
someplace else.
THE CHAIRMAN: If you have anything being repaired, put it in
the back of the lot.
ROBERT BOHNEMANN: There is a garage on the property which
I have a right to use.
THE CHAIRMAN: You ean use it oil you want to?
ROBERT BOHNEMANN: Yes, Any repairs that thave to be done,will
be done in the garage, not in the open.
THE CHAIRMAN: You are going to sell boats, cars, and motors?
ROBERT BO~N: Yes. Outboard motors.
THE CHAIRMAN: How many cars do you plan to display?
ROBERT BOHNEMANN: I plan to maintain 15 ~O 20 cars.
THE'CHAIRMAN: Do you think we should put a limit o~ this?
MR. BERGEN: I think he is limited.
THE CHAIRMAN: ~We can assume then that you will have 15 to 20
cars?
~ ROBERT BOHNEM_ANN: Yes, sir.
Southold Town Board of Ap~Jls
-6-
July 9, 19~
THE CHA~: Are there any other questions in connection with
this application?
ROBERT BOHAT~.~AbIN: No, sir.
THE CHAIRMAN: Would the Board like to ask anyquestions?
(There was no response.)
THE CHAIRMAN: Is there any one present who would like to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
Robert Bohnemann, president of Land and Sea Motor Sales, Inc.,
request permission for a parking lot for the display of used
cars, boats, and outboard motors. Mr. Bohnemann does not plan
to do alot of repair work, and he does not plan to buy any
wrecks. Therefore, this car lot should be kept clean and orderly.
This property is in a "B" Bnsiness District, where used car lots
are allowed by a special exception from the Board of Appeals.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted
use of neighDorhood property and adjoining use district will not
be permanently or substantially injured and the spirit of the
Ordinance will be observed.
On motion by Mr. G~lispie, seconded by Mr. Bergen, it was
RESOLVED that Land and Sea Motor Sales, Inc., Main Road,
Mattituck, New York, be granted permission to install a parking
lot for the s~le of used cars, on property located south west
side Main Road and Bay Avenue, Mattituck, New York, subject to
the following conditions:
1. NO major repa~ work shall be performed in the open.
2. No automobiles, or automobile parts, dismantled or damaged
vehicles and similar articles shall be stored in the open and no
parking of ~ehicles other than those being serviced shall be
permitted.
S6uthold Town Board of App~ls
-7-
July 9, 1964
3. Signs to be in accordance with Article !V~ Section 408~
of the Building Zone Ordinance of the Town of'Southold.
4. The corner of Bay Avenue and Main Road shall be free
from all obstruction. All cars shall be parked 25 feet ~rom
Bay Avenue, and the Main Road.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen~ Mr. Hulse.
PUBLIC ~ARING$ Appeal No. 690 - 8:00 P.M. (E.D.S.T.)~ upon
application of Fredrick and Rosemary Gagen, 711 Front Street,
Greenport, New York, for a special exception in accordance with
the Zoning Ordinance, Article III, Section 300, Subsection 11~
and Article X, Section 1007, Subsection (b), for permission to
change a tourist sign to a real estate sign, and for permission
to change the use of the premises. Location of property: south
side Front Street, Greenport, New York~ bounded north by Front
Street, east by Ernest F. Richter, south by O. Golding, west by
C. Magoey. Fee paid $5.00.
TheChairman 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: YOu were here for an informal discussion a month
ago. We dinln't have too much time to ~onsider this at that time.
We felt that you could not change the-use of this non-conforming
business. However, I was advised that you can change a non-conforming
use to a similar use or a higher classification. In many zoning
Ordinance there is a half dozen residential zones. There is A~B~C~
D, E, F~ Residential zones. In ou~ town we have only one residential
zone. We have done this same sort of thing once on Fishers Island.
We changed a gas station to a contractors businessa The only thing
we really have to determine here is whether or not.this business
has operated for a long time, how long was it here, and things
of that nature.
MR. HULSE: HOW long since you have rented the tourist home.
MR. GAGEN: About 1 year.
Southold Town Board of App~s -8- July 9, 196~~
would
THE CHAIRMAN: How/this affect the traffic from the high school~
MRS. GAGEN: Most of the business will be done by phone.
THE CHAIRMAN: Would cars be parked out on the highway?
MR. GAGEN: We have two driveways going into the house to get
the cars off the highway.
THE CHAIRMAN: That is what I was thinking of garticularly.
MR. GAGEN: You won't have any more than one client at a time
for real estate.
THE CHAIRMAN: Any other questions in connection with this2
MR. GAGEN: I think everything is covered there.
THE CHAIRMAN: You have a separate building there. Is that
concerned with this application?
MR. GAGEN: No, that is a separate building which is a 2~ room
cottage.
THE CHAIRMAN: Yo~ also want to change the tourist sign to a
real estate sign.
JAMES OLSEN: Hear we are getting into spot zoning. I have no
personal objection to this. But you can't take a piece of property
and change it to business.
(The Chairman explained that they were not changing the property
to business. It was a non-conforming use, a tourist home, and was
being changed to a higher classification as a non-conforming rea~
estate business. Mr. Olsen stated that he was denied the right to
do this. It was explained that he was denied because he wanted
a real estate office in his home whish was residential area. However,
the Gagens had a non-conforming business, and therefore could change
to a higher classification. Mr. Olsen did not consider a touri~
home a business. The Chairman explained that he was advised by the
Town Attorney that a non-conforming business can be changed to a
higher classification, and he was acting on this basis. Mr. Olsen
again stated he had no personal objection to this application. In
fact, he would like to see it granted, because if it was, he was
going to do the same thing.)
Southold Town Board of Appeals
-9-
July 9, 1~6~4
THE CHAIRMAN: Is there anyone else who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
Fredrick and Rosemary Gagen wish to change a tourist sign to
a real estate sign, and change the use of the premises. They
have had a non,conforming business for many years. Now they
are changing this non-conforming business to a higher classification.
The Board has bemn advised by the Town Attorney that they have
the power to change a non-conforming use to a higher classification.
The Board finds that there are two driveways leading into the
premises, which will prevent cars from parking on the main highway.
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 Fredrick and Rosemary Gagen~ 711Front~Street,
Greenport, New York, be granted permission to change a tourist
sign to a real estate sign, and permission to change the use of
the premises, on property located south side Front Street, Greenport,
New York~
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen.
Nay: Mr. Hulse. (Mr. Hulse has no personal
objection to this application~ however he feels that it is not in
keeping with the spirit of the Ordinance. He feels kthat non-
conforming uses should die out.)
PUBLIC HEARING: Appeal No. 691 - 8:iS-P.M.(E.D.S.T.), upon
application of J. Richard Holmes, Mill Road, Mattituck, 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 Benjamin Jazo~bek, Location
W p
æ p Ê æ