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HomeMy WebLinkAboutZBA-11/10/1966$outhold T wnrd Appeals SOUTHOLD, L. I., N. Telephone SO 5 2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS November 10, 1966 A special meeting of the Southold Town Board of Appeals was held at 7:30 P.M.~ Thursday, November 10~ 1966, 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~ ~r. THE CHAIRMAN: We are meeting here tonight to make a decision on the application of~Peter and Rose Kreh~ Appeal No. 940. The only reason we are meeting here tonight is to make a decision on the application. There will be no more testimony taken as far as the hearing i~ concerned. In the meantime all of us have taken another look at this proposed marina. I say marina because of the revised ordinance of June, 1965, in which it was required that anyone who builds a dock in which they expect to accommodate up to six boats of their own or'neighbors for compensation, whether compensation is paid directly or indirectly, it becomes a marina because it is a facility for mooring boats and falls within the definition by the way we interpret it. However, that is not to say thay anyone can not Southold Town Board of Appeals -2- November lB, 1966 erect a dock and let a neighbor use it. I am going into this because I am sure you will all thir~ of it. There is no way we can tell whether compensation is paid directly or indirectly if someone constructs a dock. In other words, you get permission from the Town Trustees to construct a dock and you erect a dock, and you let your neighbor use it. Presumably, the way the Ordinance is written you would have to let him use it for~.nothing because otherwise you would be in violation unless you had a permit to operate a marina.' Some of you may be contemplating constructing a dock and this would be something to keep in mind. Also, it occurs to use, as I am sure it must to you, where could you have a marina? And that's a difficult question to answer. Each case would have to be considered individually. Presumably there are some open spaces where a marina could be constructed and given a permit bythis Board. The intention of the Town Board was to controll very carefully the location of the proposed marinas, whether it is residential, business, has shipyard aspects or not. With that as a prelude, I might say that what I found, discussi~ now the findings of the Board, Peter and Rose Kreh own a lot w~ich is approximately 140 feet by 230 feet, consisting of Bay View Park lots 5,6,7,8, which were 50 foot lots, onwhich they propose to construct a home sometime. I don't know whet~er or not they have app~ed for a building permit. MRo IfREH: No, I have not. THE CHAIRMAN: Before applying for a building permit for a home, they came here to get a special exception for a marina. After some of the experiences that have occurred with marinas, I don't blame some of these people for being here and concerned about it. I would be myself. I thought at first this wasn't as serious as it seems to be~ but after talkin9 with the Harbor ~aster, who skid between 35 and 40 boats come in every day during the season, and after taking a look at the Master Plan map last night at the Supervisor's Office~ my feeling is this place is pretty well filled with marinas~ and any more marinas in this area would be too much. You have a problem ofwater pollution, have a problem of increasing density in a residential area,1 and there is a good deal of sewerage disposal on the shore front. I don't know if you know it or not, but some of it does escape. Any encouragement of a marina in this area would ver/definitely Southold Town Board of Appeals -3- November 10, 1966 increase the ~anage of water pollution, and decrease property valuest which is one of the things we are supposed to be concerned with here. Also the applicant has 140 feet oflwaterfront, and frmm testimony taken at this hearing, and from personal investigation, at low tide there is difficulty navigating between the shore and the island that was created here. There are adequate facilities, or it seems to me there aret for the mooring of boats in this area. There are several public marius. The question of whether compensation is direct or/indirect is irrelevant. We also have several petitions signed by local residents in the area. Westphalia Civic'Association with 110 names against the application. A petition with 19 names against the applicatio~ Another-with 35 names against the application. Theynaturally have a bearing, however, this is not a popularity contest. Whether Mr. Kreh could i~licit alot of people'-~ his favor should not influence this Boar~ We have to consider what is good for the area. ~ir. Kreh has two boats of hiw own, If this is denied to him he may want to construct a dock for his two boats. The only thing this hearing is doing is telling him he can't rent four more spaces. This does not~ke away his right to construct a dock~ providing the Board of Trustees grant him a permit. I am sure many people have said what'are you going to do aboutthe docks that are already there. These are non-conforming uses so thatwe have no controll over them. A non-conforming use can only expire, under our Ordinance, after two years of non-use. I don't know if there is any more that should be said. I have a couple of'letters and a telegram here. Since we are not reopening the record, they will be placed on file. The~are against the application; If either of the ether members of the Board would like to say anything, or add anything to what I have already said, we want tohear from you. .(Mr. Bergen pointed out the amendmm~ to the New York State Navigation Law, passed August, 1966, which requires shore facilities for toilets forall marinas, both private and business. This act was briefly discussed.) Southold Town Board of Appeals -4- November 10, 1966 After investigation and inspection the Board finds that the appellant requests permission to construct a marina to accommodate up to si~ boats. It is called a marina because of the definition set forth in the Southold Town Building Zone Ordinance, as revised June, 1965. The question of whether the appellant would receive compensation for the boats moored at the proposed marina, whether compensation ia direct or indirect, is irrelevant. The Board finds that the appellant owns 140 feetof waterfront property. Presumably the appellant plans to build a home at this site sometime in the future. The Board finds there are adequate facilities for the mooring of boats in this immediate area. There are several public marinas. It is the opinion of the Board that any more marinas in this area would increase the water pollution, and increase the density in a residential area. There would also be a decrease in the property values in the immediate area. The Board finds that at low tide there is difficulty navigating at the point where the proposed marina would be constructed. The Board received several petitions signed by local residents, objecting to the construction of the propesed marina. The Board also received several letters of objection to the propgsed marina. Most of the objections received were concer~ed with the decrease of property values. The Board finds that the PrOPosed use would prevent the orderly and reasona~%~ use of adjacent properties. The~e~ ~ heavy density in~esidential area. The safety, the health and welfare of the Town will be adversely affected; the character of the existing and probable development of uses in the district will be adversely affected; and the conservation of property values will be adversely affected. The Board points out that the denial or'this application does not prohibit the appellant from constructing a dock, providing the appellant obtains permission from the Southold Town Board of Trustees. Southold Town Board of Appeals -5- November 10~ 1966 On motion by Mr. Gillis~ie, seconded by Mr. Hulse, it was RESOLVED that Peter and Rose Kreh, Mattituck, New York be denied permission to construct a marina for the docking, mooring, or accommodation of not more than six (6) non commercial boats on property located on lots numbered 5,6,7, and 8 at Bay View Park, Mattituck, New York, as applied f~r on the application to the Board of Appeals, application dated July 1, 1966. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse. The meeting was a~ourned at 8:00 p.m. Respectfully submitted~ Barbara C. Dittmann, Secretary $outhold Town Board of Appeals