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HomeMy WebLinkAboutZBA-04/23/1968 APPEAL BOARD MEMBERS Robert ~v./. Gi]lisDi¢, Jr., Chairman Robert Bergen Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 [4 I N U T E S 5OUTHOLD T~'~N BOARD OF APPEALS April 23, 1968 A regular meeting of the $outhold To%vn Board of Appeals %vas held at 7:30 P.~4., Thursday, April 23, 1968, at the Town office, ~.Iain l~oad, Southold, New York. There were present: ;~ssrs: Robert W. Gillispie, Jr., Chairman; I~obert Bergen, Fred Hulse, Jr., Chalres Grigonis, Jr. ~bsent: ;Ir, Serge Doyen, Jr. On motion by ;.~. Gilllspie, seconded by ~. Bergen, it RESOLVED: that the minutes of the Southold To%%~ Board of Appeals dated ;~ril 4, 1968, be approved as submitted. Vote of the Board: Ayes:- ~[r. Gillispie, ~.~. Bergen, ~,~. Hulse, Grigonis. At 8:00 P.M., the Board of Appeals took up the matter of ~)peal No. 1175~ Upon application of Irving C. Latham, glg95 b~in t~oad, Orient, New York~ for a special exception in accordance with the Zoning Ordinance, P~ticle V, Section 500, Subsection 8 and 35, for permission to re-activate a t~nsit mix cement plant on property located on private ~ight of way, East Plarion, New York, bounded north by C. C. Cook~ east by Irving Lathara~ south by C. C. Cook, west by Robert Long. Southold Town Board of Appeals -2- ~pril 23, 1968 TI~2 CFua. IR~L~N: This is a hearing continued from two weeks ago, April llth. One of the reasons for continuing this was to determine whether or not the attorney for the applicant was correct. Mr. Corwin contended that it was necessary to have a special exception in the Industrial zone for the operation of a transit mix plant. He called attention to the language of the Ordinance in which it says in Article V, Section 500: In the ~" Industrial Districts, all buildings and premises may be used for any use except that the followin9 uses may be permitted only as a special exception by the Board of Appeals as here- inafter set forth. It list a number of things the Board of Appeals has power to act on in special exceptions. The closest to what we have here would be number eight - cement~ lime, gypsu~ or plaster of paris manufacture. In other words, cement manufacture, l~e continued the hearing to determine what the Ordinance means. This is a point that never came up before. I think our opinion here is we have no authority to act in situation for which the applicant applied. He was in error in applying at all~ since in our opinion this is permitted use in the Industrial zone. If we were able to act on this type of situation we would probably be able to impose one or two conditions. However, I am iD;formed that the present operation should properly be approached under the Band and Gravel Ordinance ~hrough the To~vn Board, and ~his is not the Town Board. This is the Board of Appeals. The Town Board would be the ones to determine whether or not this operation could be permitted~ and if so under what conditions. The Sand and Gravel Ordinance is more restrictive than anything the Board of Appeals could impose. On motion by ;4r. Gillispie, seconded by Mr. Bergen, it was RESOLVED: It is the Board of Appeal's interpretation of the 2;oning Ordinance that it does not apply to the Application of Irving C. Latham, Appeal No. 1175, Orient, New York, in which [~. Latham applied for a special exception under ~rticle V, Section 500, Subsection 8 & 35, for permission to reactive a transit mix cement plant, on private right of way, East ~.~rion~ New York, bounded north by C.C. Cook, east by Irving Latham, sou~ by C.C. Cook, west by ~obert Long. This permission was improperly applied for under the Zoning Ordlnanee and should be applied for under the Sand and Gravel Ordinance of the Town of $outhclld. Vote of the Board: Ayes:- ~Ir. Gillispie, !~. Bergen, i~. Hulse~ Grigonis. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Board of Appeals dated April 11, 1968, be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, ~.~. Bergen, ~,~. Hulse, ~. Grigonis. Southold To%~n Board of Appeals -3- April 23, 1968 3ody Adams and another appeared before the Board of ~ppeals in regard to the placing of political posters within the Town of Southold. They were advised that posters can be displayed at the political headquarters. The Chairman explained what type of signs were permitted in the To%~n of Southold. On motion by ~. Gillispie~ seconded by Mr. Bergen, it was RESOLVED that the South~d Tovrn Board of Appeals set 7:30 P.M.s Thursday, i,~y 16, ].968, at the Town Office, Main Road, Southold~ New York, as the time and place of hearing upon application of b~rily Hof- mann, 183 Spruce Street, Roslyn Harbor~ New York, for a variance in accordance with the Zon~ 9 Ordinances Article III, Section 303, t~ticle X, Section lO00A, for permission to divide property with insufficient frontage and area. Location of property: Peconic Shores, lot No. 12, Peconic~ New York. Bounded north by Sound Avenue, east by Marion P4urdock, south by G.J. Hoffman, west by Huntington Blvd. Vote of the Board: Ayes:- ~L On motion by Mr. Grigonis~ seconded by }~. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M.s Thursday~ May 16~ 1968, at the Town Office, 5iain Road, Southolds New York, as the time and place of hearing upon applicationof Walter Miller, Jr., East Legion Avenue~ Mattituck~ New York, for a variance in accordance with the Zonin9 Ordinance, Article IIIs Section 303, Article X, Section lO00A, for permission to divide property with insufficient frontage and area. Locaiion of property: Riley }venue,lot no. 18, 5~ttituck, New York, bounded norSh by ~alter },~llers Jr.s east by Julius Zebrowskis south by James Wasson~ west by North Riely Avenue. Vote~ the Board: }~es:- ALL On motion by Mr. Bergen, seconded by Mr. Gillispie~ it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. Thursdays May 16, 1968, at the Town Office, Main Road, Southold~ New York, as the time and place of hearing upon application of Edward Schild d/b/a Arrow Fishing Stations Old Main Road, Southold, New York, for a special e~ception in accordance with the Zoning Ordinance, Article I~ Section 408, Subsection (a), for permission to erect an off premises directional sign, 2 feet by 8 feet. Location of property: F~p of SaD_ford Brick Co., Lot No. 12, 5Iain }~oads l~outhold~ New York, bounded north by Railroad, east by 3. Oates, southby Flain Road, west by 3. Oates. Vote of the Board: Ayes:- ALL Southold Town Board of Appeals -4- April 23, 1968 The next regular meeting of the $outhold Town Board of Appeals ~vill be held at 7:30 P.M.~ Thursday, ~y 16, 1968, at the To~vn ~ffice, Iviain Road, Southold, New York. The meetin9 was adjourned at 9:30 P.5I. llespectfully submitted~ Barbara C. Dittmann~ Secretary 5outhold Town Boardof Appeals