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HomeMy WebLinkAboutZBA-03/10/1966Southold Town Board o f. Appeals SOUTHOLD, L. ~., N. Telephone SC) 5-9660 APPEAL BOARD MEMBERS Robert'S'. Gillispi¢, Jr., ChaJrmen Robert Bergen Charles Gregoni% Jr. Serge Doyen, Jr. Fred Huise, Jr. MINUTES SOUTHOLD TO~N BOARD OF APPEALS March 10, 1966 A regular meeting of the Southold Town Board of Appeals was held on Thursday. March 10. 1966, at 7:30 ~M~ at the Town Office~ Main Road~ Southold. New York. There were present: Messrs: Robert-W° GillisPie~ Chairman; Fred Hulse~ Jr.~ Charles Grigonis~ Jr. Absent: Messrs: Robert Bergen,,~ Serge Doyen~ Jr" PUBLIC HEARING:~ Appeal NO. 827 - 7:30 P.M~E~SiT}~ Upon application of Wil~iam~Schriever~. Main Road, Orient, iNew York for a special exception in accordance with the~ Zoning Or~inance~ Article IVA, Section 420, Subsection 2 ~b). for permission to erect a public garage. Location'of property: north side Main Road, Orient. New York~ boundednorth Charles CamPbell~ east by Youngs~Avenue~ south by MainRoad, west by Edwind H. King. Fee paid $5.00. ~e Chairman opened the hearing byreading the application for a special exception~ legal notice of hearing~ affidavit attesting to its publication in the official newspaper~and notice to the applicant. Southold Town Board of Appeals -2- March 10,~ 1966 ~HE CHAIRMAN: The application seems to be in order. There is one letter in the file. The Chai~uan read the following letter: "March 7~ 1966. Southold Zoning Boarde $outhold Town Officer Southold~ Aong I~land~ New York "Gentlemen: I am going to make every effort to be at the March 10th hearing on the application of a Mr. WilliamW. Schriever of Orient~ who is seeking permission to erect a public garage at the end of Youngs Road, Orient. "I am sure you have already visited the site. One can easily see that this is no place for a garage. There has been an empty one at the gas station since last September'which is just diagonally across the street; and while I still don~tthink this would bes~tisfactory either~, at least itwould lo~k a little bit more natural. "I urge that you turn down this request. "Mostsincerely~ /s/ Joseph L. Saborido". THE CHAIRMAN: The sketch of the property indicates that the depth of the lot is 135 feet. The width at the rear is 65 feet. The dep~ of the lot on the west line is 149 feet. The width on the Main Road is 86 feet. In considering this application we first thought that this type of garage would not be a public garage~ but a private garage~ but the definition clearly indicates that-this is a public garage~ so that the application is pertinent, A public garage is defined in theI Ordinance~as "A building other than a private garage~.used for'housing or care ofgasoline or other power driven vehicles~ or where such vehicles are equipped for operation~ repaired or kept for remuneration~ hire or sale." The definition of a private garage is "A building used for the storage of one (1) or more gasoline or other power driven vehicles owned and used by the owner or tenant of the lot on which it is erected~ and for the storage of not exceeding two ~,additional vehicles (not trucks) owned or used by othersk" The other thing that I would caution about is that a public hearing is to obtain information~-and not to registar opinions, If these things were left-up to a vote we could just have a ~allot box. In speaking f~r or against this application please $outhold T~wn Board of Appeals -3-- March 10~ 1966 express your reasons and why'they are pertinent. The usual proceedure is to hear from anyone who wishes to speak in favor of the application, so at this time is there anyone present who wishes to be heard? WIT.T.IAM SCHRIEVER: There .are some things t/~at I would like to say. I don't know if this~he right time to say them. THE CH~T~: You should .say them now~ if they concern this hearing. W/~.T.IAM SCHRIEVER: I%ould like to say that I consider erecting a garage in Orient and anyone who has looked over the zoning map must be aware that there is very little property available for this purpose. There is property on one side of Village Lane and the Bay House and then there's the section, that's residential on both. sides of the street. Thentthere is property going into the Village by~Latham~s~ by the Cuuntry Store that is zDned business. On the west side there is residents fromthere up to the corner~, then there is a house z~ned for Multiple Residence~ then there's a lot to t~he west of the corner house that is zoned residential. Then comes a little lot that F. King has his Real Estate Office and Filling Station. Across the street,~ starting from the Rose Palm place there is an empty lot~ to the west of that property~ which is z~ned business. From there up to the monument on the Main Road is zoned business. The point of this c~nvers~ion is that there is very little property zoned business. With~ all the area that is zoned business there are already structures erected. I would say that you ha~e to look at the nature of the construction. This shouldn't be stuck in the middle of a residential area. it should be on the Main Ro'ad. THE CHAIRMAN: What are you referring to? WILLIAM SCHRIEVER: A garage. I would say that. to find a location was very difficult and the cost is quite high. If I have to remove a building from the area there is a economical problem that is brought about. I~Duldalso like to say that the lot is not really ideal since it is not as'large as I would like to have. There are alot of factors that would tempt me to go elsewhere. I think that in the course of the conversation I will be open to suggestions as to where these people in opposition would suggest that I go. That's the only thing constructive that could come out of this hearing. Southold Town Board of'Appeals -4- Mar~h 10. 1966 THE CHAIRMA~I: Would you like to add anything else Mr. Schrievez ? WILLIAM SCHRIVER: No. THE-CHAIRMAN: Is there anyone else present who wishes to be heard in favor of this application? GERTRUDE REEVES: I live on Young~s Avenue and I ~m, in favor.ofit. We have had a very bad road problem there. think possibily if the garage was put there the road would be fixed. I don~t have any objections. Mr. Schriever'has done alot with the boys in the Village. I don't thin~/ anything bad can comeof this. T~E CHAIRMAN: IS there anyone else present who wishes to be heard in favor of this appliCatbn? ~AWRENCE REYBINE: I arrived a little la~ but I heard the question as to where the garage is going to be. THE CHAIRMAN: The application states what is goinSto be in the garage. Maybe Mr..-Schreiver would repea~, it. W_~_I~.LIAM SCHRI~ER: There are three vehicles at the present time. Weanticipate having another vehicle ~%in the future. One of the vehicles is a dukw ~ 31 feet long and weighs 7½ tons. It's not the sort of thing you could put in your pr~iVate garage~ especially when it is used it has to be serviced a~ter everytime it is used in the water. It has to be washed out completely~ have to pull off the wheels. We need some~place where this can be kept. It must be kept under c.o~re~3~~ or else i~ would rust to pieces. TPIECHA~: Who owns the equipment? W'T?.T,IA~ SCHRIEVEBThe To~n of~ Southold. THE CHAIRMAN: Does the'County own any of the equipment? WT~IAMSCPI~R: The Town of Southold bought interest in it. The County obtained it from the Federal Government. The County offered it to the Southold Town for $150.00. LAWRENCE REYBINE: Have the people of Orient expressed that they need such a vehicle. I mm a resident of~Orient and I have never been asked. What is the purpose of this Vehicle? Southold Town Board of Appeals -5- March 10~ 1966 WI?.T.IAM SCHRIRVER: The purpose of the vehicle is for rescues. LANRENCEREYBINE: The rescue of what? WIT~IAM SCHRIRVER: The rescue of people. LAWRENCE REYBIN~: From what? WILLIAM SCHRIEVER: To rescue people from water. LAWRENCE REYBINE: I don~'t think Orient needs this. THE' CHAIRMAN: This has to do with Civil Defense, right? WTT.T. IAM$CHRTRVER: That's right. We have a station wagon and a small rescue truck. The rescue truck is to rescue people from buildings and~that type of thing. The dukw's primary function is for peace time ~rather then war time. It is to rescue individuals from boats that have overturned and this type of thing. THE CHAIRMAN: Doesn't this interfere with the-Coast Guard and other public facilities on the water? WT~.T.IAM SCHRVRVER: As far as getting into the water that's true, but a dukw can go some places that a boat can't go. The County has six dukws and they are trying to get them distributed throughout the County~ so that there will be one in every~Town. Riverhead Town just got one. There are two in' the'East Hampton area. Some of the dukws are operated by fire departments and some by Civil Defense. THE CHAIRMAN: Who pays the maintainence costs? WTT~IAMSCHRTRVER: TheTown of Southold. Another use for thisdukw is fire fighting. The vehicle can be driven in' and pick up water from theshore. This%ould.be very effective in fighting dock fires. For that reason I feel that it would be good where we have alot of boats in Greenport Harbor. MRS. NEL$ON CHAPMAN: I understand that some or several governments own this particular equipment. Whyis it that they don't take care of the storage and so forth. Southo~ Town Board Or'Appeals -6- March 10,1966 here. I believe the County assumes some of the cost in Civil Defense, As far as I can find out, the County furnishes you with radiation detection equipment. I assume that if this dukw comes under the County that they would pay for some of it. I believe that the' County pays for the garage for' the assessors truck. WIT~.IAM SCHRIEVER: There is no one in the Civil Defense in the Town of Southold that is drawing a salary. In purchasing this equipment the Town pays half the cost and the Federal Government pays half of the cost in peace time. If any part of the equipment in the trucks is damaged, lost~ or stolen, the Town must pay for it. LAWRENCE REYB]/~ The only question I have is who determines that this is a necessary pi~ce of equipment~ THE CHAI~AN: Somebody with higherauthority~han anyone here. WILLIAM SCHRIEVER: What piece of equipment are you referring to? LAWRENCE REYBIHE: The dukw. WILL/AM SCHRIEVER: This was recommended to the Town Supervisor bythe County~Depam~t ofl. Civil~Defense. When he foundout~that these were available and the supervisor told me andamnted to know if I could use this. It w&s a used piece of equipment. I don't see how this has any bearing on the application. THE CHAIRMAN: This has no bearing on zoning. FiR. CHARLES CAMPBELL: It seems that-the discussion of a location is being restricted to Oz~snt. Does it have to be in Orient? Could i~ be located some place other than Orient? THE'CHAIRMAN: I would assume that they.would locate this equipment where it was usefull. WI~?~IAM SCHR/MVER: Most of the volunteers!~live in Orient. CHARLES CAMPBELL: In several years this might not be true. $outhold Town Board of Appeals -7- March 10~ 1966 WILLTm~ SCHRIEVER: It's beentrue for five years. It's quite possible that~there are other locations. JOSEPH SABORIDO: Have these vehicles everbeen used? WI?.T.IAMS~RIEVER: The dukw isn't in operating condition yet. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Beforeweheaz from those present who are against this application I would ~ike to inform you of the things the Board has to consider before granting or de~ng a special exception application. The ~hairman~read the Ordinance in regard to the items the Board of Appeals must consider for~a special exception application. THE CPtAIRMAN: At this .time is there anyone present%ho wishes to speak against this application? ROBERT J. DOUGLASS: Mr. Chairman and Board members~ before I say anything I~would like to extend to you these pictures for 'Exhibit A. Across from the monument you can see the Bottonwood tree. This other picture shows the total lenght of the property, Over'here ~ointing to picture)- is something that I will show in a little while. I am here in opposition to this as a agent for a taxpayer on Youngs Road and as a taxpayer myself. I don't know what way the main entrance will be to this building~ this has not been brought o~t. Will the main entrance be on the Main Road or'on Youngs Road~ WT?.~.IAM .SCHRIEVER: Possibly there will be an entrance from Youngs Avenue. The Main entrance will be from the Main Road. ROBERT J. DOUGLASS: The highest objection to this is that this road is very congested~ and even more so in the summer when summer traffic uses ¥oungs Avenue to get to the Town Beach or to the homes along it. Youngs Avenue is 30 feet wide if your sczape the grass. If they set this building on 86 foot f~ontage~ a 70 foot building would pretty well cover the width of that property. Southold Town Board of Appeals -8- March 10~ 1966 THE'CHAIRMAN: There is a jog in the building. ROBERT DOUGLASS: How many'feet is this budding set back? WILLIAM SCHRIEVER: It is set back 25 feet from the road. ROBERT DOUGT.-~mS: In other words you are running this building 40 feet on the MainrRoad and 70 feet on Youngs Road. It still comes to the same point as to w~at I want to bring out. With the house sitting othere as it is~ when you come down to make that swing coming out of Youngs Avenue~ until you get to the stop sign you have very poorvision. Coming into this intersection the same thing applies. On a 30 foot road with a bottonwood tree you don'~t have much room for a Car let alone a dukw. This dukw is 31 feet long. When it-comes out the door and sits in the yard~ it will be fai~ close to the sidewalk. I also want to say that there are 15 or 20 children in this neighborhood. THE CHAIRMAN: The sketch doesn~tshow a setback from the MainRoad. WILLIAM$CH~I~VER: It is setback 25 feet at the extreme corner but where the driveway is it'S 30 feet. When you get to where the doors are it is 30 feet. ROBERT DOUGLASS: This dukw is hanging over the sidewalk° This adds another'visi0n problem. Theywill be out mostly on weekends When your'traffic is the heaviest. Down the line from this is a church which has activities going on most of the time. Mr. King has a big apartment house right next to it~ and has people in ~nd out all the-~ . There has been several accidents at this intersection . If these vehicles were to beused in an emergencythey would be coming out on the hottest section of road in Southold Town. If we have a fire. we need all the room we have. There is a well directly across the street from this property in question. I am definitely'opposed to putting up a construction that might bring in a commercial operation in a tight corner like that. If we have to bring these things in I don~t think it should be on a four point intersection~where we have very little tolerence now. THECHAIRMAN: Is there anyone else present who~ishes to be heard in opposition to this application? Southold Town Board of Appeals -9- March 10~ 1966 EDWARD LATHAM: I am from Orient. First I would like to say I appreciate'~at Bill is trying to do here. He takes an interest in ~ivilDe~ense and Boy Scouts~ but I personally don't think this is the spot for the building. I own property on ¥oungs- Avenue and I can't help but feel that this will be detrimental to land value. I am sure that Bill will put up a nice building and not something that would be an eyesore. He says in his application that the would like to sell this someday for a public garage. We all know what public garages are. I oppose this and would like to see him build it Somewhere else. JOSEPH SABORIDO: I object to this for two reasons. First~ would not like to see a ~arage on that corner. THE CHA~: Why? JOSEPH SABORIDO: We have a bottonwood tree there. To take the house out of there an put in a concrete building~ I can't see that. This intersection is congested as Mr. Douglass has said. This is a bad spot. There is a curve to the w~st, and to have this dukw there,. I don't think it would be safe. CHARLES CAMPBBT~: I live next door to the property that would be affected and there are a number of reasons why I would not like Co have it there. I could come in on the traffic problem. We have many people that stop and look at the bottonwood tree. I often see how difficult it is for some of them to get back into traffid. Another thing that comes to me is the number of people who will be parked there next to my hedge. There probably would be several people parked there Sunday afternoons. I have no doubts that they are orderly people~ but I don't like to have that next door on'Sunday. Another thing.~ the kids would be trying to get into'iti Another factor that comes to me is the water supply and sewage disposal must be properly located. My main'line is 20 feet from there. Bill w~uld~have to get very near to it. This might be alright for a~normal house use~ but'he will need a great amount of water for washing down the dukw. I am afraid of contamination of my water suPPly. Then,. the aesthetic value .is upermost in my mind. THE CHAIRMAN: Is there anyone else present who wishes to be heard in opposition to this application~ Southold Town Board of Appeals -10- March 10, 1966 Mrs. NELSON CHAPMAN: I have t~ree letters to .submit to the Board. ~ would like to say that I think most people in Orient respect what he is trying to do. Most of us feel that it would be better aesthetically to locate this building somewhere else. Coming into Orient from the west this little village is very 'very aesthetic. You open up to the monument, the church~ and then through the Village. I would hate for anything to spoil that. The Chairman read the following lethsr: "Marhh 10~ 1966~. Zoning Board of Appeals~ Town of Southold. "Gentlemen: This is to advise you that I am most strongly opposed to any change of the present zoning laws in Orient. Most.specifically I object to the proposed change for Young~s Road and Route 25. "Sincerely~ /s/ bi rs. Eil~en V. Cornell." THE CHAIRMAN: ts there anyone else who wishes to speak? LAWRENCE REYBINE: I live northwest of the property that is in question. I would like to say that I am in opposition. It has not been proven to me that the facility is a necessary improvement to the community. THE CHAIRMAN: It would take alot of proof to prove that this facility is necessary. LAWRENCE REYBLN-E: Maybe the word necessary was ill chosen. It hash~t been proven to me that this facility is a desirable improvement to the community. THE CHAIRF2~: You are not convinced that'Civil Defense is desirable. LAWRENCE REYBINE: I did not state that. I fail to have' it proven to my mind the desirability of this facility as an addition to the community of Orient. The Chairman read the following letter: "March 10~ 1966 "Dear Mr. Albertson: Please note that my son~ and I are Southold Town Board of Appeals -11- March 10, 1966 opposed to any change in the present zoning laws-pertaining to the corner of Young:s Avenue and King's Highway in ~Orient. "Thank you. /s/ Iris W. Van Nostrand" THE CHAIRMAN: Is there anyone else present-who wishes to speak in opposition to this application? JOHN BRED~: In discussi~ the garage, it seems that alot of emphasiS'has been placed on the location. You don't need that type of a building. If it is erected there, I don't think you need a two story~building. -~t also think that this dukw is too long to go'around some of the streets in Orient. THE CHAIRMAN: This building has to be constructed in accordance with the New York'State~Law. WIT~.IAM SCH~IRVER: There is no'~ state law that says it has to be 18 feet high. The height of the garage must~be sufficient to accommodate a heavy truck. The rescue truck which I hope some day we will have is 12 feet'high, so that you have to have about two feet to clear the doors. THE CHAIRMAN: Is there anyone else presmnt who wishes to speak against this application? MR. SCHRO~N~ER (Youngs Avenue): I would like to registar my opposition. I think that it would spoil Youngs Road and the Village of Orient. One of the reasons is I think this property was zoned business years ago when zoning was first coming out and it has never been up zoned. I bought business propertyt but I built a residential home on it. I am opposed to this. THE CHAIRMAN: Anyone else wish to be heard? ROBERT DOUGLASS: Civil Defense could cease to exist tommorrow. You have to look into the future here. Before such an operation could get put up, Civil Defense could change or stop. You've got to thirf~.~about~what else could be established here. This building would be left as a public garage. This means that I could go up and buy it and park my trucks inthe~e. Anyone could come in here and put wrecks in here. That would be much more objectional than Civil Defense Storage. As far as the traffic problem go,ss we just can't get any more congestion in that area. Even two or three cars on Youngs Avenue or parked on the side or parked in their own parking lotwould be just that much more of a burden, more of a chance of children getting hurt. This just doesn't have the Southold Town Board of Appeals -12- March l0s 1966 potential for a commercial garage. We are dwelling to much on Civil Defense. That can change overnight. You have got to think about what will happen when it changes. THE CHAIRMAN: That's exactly one of the things which we have to consider. Is there anyone else who wishes to speak against this application? W/T~IAMSCHRIRVER: I would be most happy'to find a larger location. THE CHAIRMAN: Do you wish to offer anything in rebuttal Mr. $chriever ? WI?~.IA~ SCOUR: I would say the conjestion of traffic on Youngs Avenue is a little overstated. Even if it was used as a public garage. I do think that the opposition of some of these people is, probablyvalid. I can understand the interest in having the area up zoned. I realize that this is against my own application. Nevertheless, I can see their pointst in factt I feel the same way about it. I would like to see an area of Orient zoned business. I think this application brings o~t the problem that there is no area zoned business in Orient where you can build this type of garage. I would hope that if I do find another location that the same group of people that are here tonight would come and speak in favor of another location. MRS. NELSONCHAPMAN: Mr. Schriever is being veryreasonable about this, however, it is not our job or ~our job to find an alternative. He is doing this on his own. THE CHALRMAN: He has presented a problem that exist in many communities~ and that is the lack of business property. MRS. NELSON CHAPMAN: If enough people in the community, in Southold Town want t~is facility they should create a business zone. THE CHAIRMAN: Is there anyone else present who wishes to be heard on this application? Southold Town Board of Appeals -13- March 10~ 1966 EDWIN'KING: I don~t like to be for or against ito I am trying to determine in my mind whether it would'be helpful to our village to put a garage there. Schriever go enough money to He could make the setback 20 considerably more thRn that. the Brown House might be alri out in front and you can't see I don~t think that Bill .$~t~a ~n there. is setback ~ stands ch or anything coming west. The hedge is grown so high you cmn only see the second story of the Couch House. The garage would have to be setback 30-35 feet to improve the view. WILLIAM SCHR/RVER: You could erect an ice plant on this property and would not have to have a hearing. MRS. NELSON CHAPMAN: Is it possible to have this property changed to an "A" district? THE CHAIRMAN: Yes~ it could be up zoned. WILLIAM ECHRI~VER: I think thatwhen the property becomes down zoned it becomes more~valuable. If the property is down zoned it becomes quite profitable to the person who owns it. JOHN BREDEMEYER: If~is~ is Town of Southold Civil Defense~ shouldn't it be more centrally located? THE'CHAIRMAN: I don~t know. Is there anyone else who wishes to be heard? MRS. NELSON CHAPMAN: How many members are on this Board2 THE CHAIRMAN: There are five members. One of our member is on vacation~ and the other member is ~rom Fishers Island. Is there anyone else who wishes to be heard. SPENCER TERRY: I have gone to a good number of zoning meetings. People have been objecting to a good manyproposals. They always want to take care of the other fellow~s property. If we want someone to volunteer for a committee, you wouldn% get this many people out. Even if he moves this to another location, there will be pe~le here to object to it. There may be a few different faces~ but the same number of people will be here to object to it. THE CHAIRMAN: We are trying to obtain information for reasons for granting or denying this application. Southold Town Board of Appeals -14- March 10~ 1966 SPENCER TERRY: The only thing you ever get people together on is to agree or disagree on the change in the zoning laws in the Town of Southold. THE CHAIRMAN: I think that is a little off the subject of this particular hearing. LAWRENCE REYBINE: May I ~ebut Mr. Terry'by'saying that the people who want this variance have yet to prove to me the desirability of it. THE CHA~: Is there a~yone else present who wishes to be heard either for or against this application? ~There was no response.) THE CHA~: Hearing none, I will declare the hearing closed at this time. After investigation and inspection the Board of Appeals finds that William W. Schriever request permission to erect a public garage for the storage of Civil Defense Equipment on property located on the north west corner of the Main Road and Young~s Avenue. The B~ard f~inds thatthe vehicles to be stored are~ 1) An amphibious dukw, 31 feet long and weighs 7½ tons; 2) a one-half ton panel rescue truck; and 3) a station wagon. The Board finds that the property the applicant intends to build a garage, on is 86.68 feet wide on the road~ and 65.19 feet wide at the rear of the property. The depth oft he property on the easterly line is 135 feet, and the depth on the westerly line is 149. 27 feet. The Board finds that the proposed garage would be set.back 25 feet from the road at,he extreme easterly front of the building. The garage will be set back 30 feet from the road on the extreme westerly front of the building where the garage doors are proposed to be located. The Board points out that the amphibious dukw is 31 feet long~ and the setback Of the garage is only 30 feet. Therefore, when the dukw is being driven out of the garage or sitting ~% the driveway~ part of the dukw will be encroaching on the sidewalk. This would impair vision of traffic on the corner of Youngs Avenue and the Main'Road and thus create a very hazardeous traffic problem. Testimony at the hearing indicated that this corner of Youngs Av~ue and Main Road is already very highly congested. It was also pointed out that there is already very poor visibility at this intersection. The Board points out that in the event theuse of this garage ceases to be for the storage of Civil Defense vehicles $outhold Town Board of Appeals -15 ~ March 10~. 1966 that any type of a public garage could be est~blished~ A public garage, where cars could be serviced and old wreckacars could be stored~ would again increase the traffic congestimn at this intersection and create a further traffic ~oblemo It was also pointed out at the hearing~at there are many small children in this immediate neighborhood. An increase to the traffic hazardwould endanger the safety of said children. The Board further points out that this is a highly residential area and the erection of a public garage would change the character of the neighborhood. Although the applicant has pointed out that there is very little business property a~ailable in Orient, this ~does not give t~e Board sufficient reason for granting this application for a public garage and thus endanger the safety and welfare of the Town of $outhold. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit~of the Ordinance will not be observed. On motion by Mr. Giliispie~ seconded by Mr . Grigonist it was RESOLVED that~William $chriever, Main Road~ Orient~ New York~ be denied permission to erect a public garage on property located on the north west corner of the Main Road and ¥~ungs Avenue~ Orient, New York~ bounded north by'Charles Campbell~ east by Youngs Avenue~ south by Main Road~ west by~Edwind H. King. Vote of the Board: Ayes:- M_r. Gillispie~ Mr. ~rigonis~ Mr. Hulse. Southold Town Board of Appeals -16- March 10~ 1966 PUBLIC HEARING: Appeal No. 828 - 8:00 P.M. CE.S.T.)~ Upon application of WalterMalcolm'Luce~ Cutchogue~ New York~ for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 5 ~), for permission to erect a two family dwelling. Aocation of property: Lot numbers eight ~8) and nine ~9) in the subdivision known as "Hickory Acres"~ Cutchogue, New York. Fee paid $5.00. · The Chairman opened the hearing by reading the application fora 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 wishes to speak in favor oft his application? W. MALCOLM LUCE: I don:t think it is necessary to add anything to the application. On the legal notice someone penned in that'I should bring plans of the house. THE'CHAIRMAN: The reason for that is because this is a two family dwelling. W. MALCOLM LUCE: In fact it is~ but in essence iris not. (Mr.~ Luce presented plans of the house and explained them to the Board. The plans that Mr. Luce had were for a one family dwelling and Mr. Luce explained how the plans would be amended to accommodate two famil~s. Mr. Luce stated that the garage entrance would be fromLuton Drive. Mr. Luce ~h6wed wehre they would be moving the garage back and making the kitchen area for the separate apartment. THE CHAIRMAN: What is the area of your mother's apartment? MR. LUCE: I don~t know that. The family room will become hereliving room. We will take so much of the garage for the kitchen. Ther~ will be a common front door and a common back door and a mutual entrance from the garage. THE CHAIRMAN: Will there be any rooms on the second fl~or for your mother? MR. LUCE: No, the second floor will be used entirely by our family. (The dimensions of the separate-~rooms fort he apartment were taken and it was determined that there was approximately 600 square feet of floor area in the separate apartment.) Southold Town Board of Appeals -17-- March 10~ 1966 THE CHAIRMAN: We usually ask that the applicant show a hat d~hip. W. MALCOLM 'LUCE: There is no hardship here. I never said there was. MRS. W. MALCOLM v.UCE: She has heart troubleo She will have to come live with us,~ THE CHAIRMAN: We ask that when the need for-this application ceases to exist that the use also cease to exist. If you no longer have a need for it would you want to still keep it as a two family dwelling? Would you want the use to continue? W. MALCOLM LUCE: Absolutely. THE CHAIRMAN: Sometimes the families need more space. W. MALCOLM'LUCE: If the young ladyread the Ordinance to me correctly~ you require a certain number of square footage as far'as the lot is concerned. It didn't say anything about the use ceasing to exist. THE CHAIRMAN: TheOrdinance requires that we ask these other things, We have to c~nsider the future and the adjacent properties. As I understand this~ this will be the first structure here. W. M~LCOLM LUCE: It will be the first structure as~ far as the filedmap goes. THE CHAIRMAN: This developmentisowned by Flora Luce and George Pen~ I talked to Walter'Luce about this. I am not sure where I read it, but ~ne of the deed restrictions in this development was that there waste no two family dwellings. This pu~ the Board in an unusual position. However, we aren't bound by the deed restrictions~ but we are in the position to protect the propertyrights of the people who have already bought lots there and believed that onlyone familydwellings will be constructed there. W. MALCOLM LUCE: I have a Verbal okay fromlGeorge Penny~ but Flora Luce was a little hesitant~ but I do have Mr. Penny~s verbal okay. This is obviously going to enhance the development. This certainly should be considered an enhancement to Southold Town as a whole. As far as Flora is concerned~ when I discussed it with hereshe left it by saying lets see what the Board of Appeals does with it. $outhold Town Board of Appeals -18-- March 104 1966 put THE CHA~: Have you had a dead prepare~d yet? $40, an a few of the neighbors and they do not object to this. have talke~ to Mr. Bourouignon. No~ this is in the family. We haven't on the lot yet. I donSt think that its ~t be straighten out. This house will be a This is going to be an asset to the community In preparing this application I ta~ked to I THE'CHAIRMAN: Do you have a letter from him~ W. MALCOLM LUCE: No~ you will have to accept my word. (Mr. Luce named a couple of other adjoiningproperty owners that he has spoken to in regard to the erection of this two family dwelling.) THE CHAIRMAN: How many lots have been sold in this development? W.' MALCOLMLUCE: Three lots have actually been sold. THE CHAIRMAN: As far as the people who have already bought propertyin this area, they are of the impression that'no two family'dwellings will be built 'in this area. We are not bound by the developers restrictions but we do have to consider the property~rights of Other-people. I will offer a resolutionthat this application be passed subjectto the applicant obtaining legal assurance and presenting it to out'Town Council that he will not he'violating the amended restrictions. MR. LUCE: I have-verbal okay from Mr. Penny and Mrs, Luce'~'s decision is pending on your decision here tonight'. THE CHAIRMAN: I should think you would want to do t~is for your own protection. W. MALCOLM LUCE: Can3you as a BOard say yes I can do this~ But.....? THE CHAIRMAN: Mes~ we can. W.' MALCOLM'LUCE: I don~t understand this. THE CHAIRMAN: This is a matter of judgement, Southold Town Board of Appeals -19- March 10.~ 1966 W. MALCOLM ~.UCE: I would think it is all a matter of law. THE CHAIRMAN: If everything was a matter of law~ we could a~gue everything. W. MALCOLM LUCE: The building restrictions of a developer in a~:ea do not constitue law. THE CHAIRMAN: They constitute a contract, ~A very lenghty discussion washeld on who is liable when the original deed restrictions are amended or violated in a development. A discussion was held on what legal steps must be taken to amend the restrictions and whether or not they should be ~mended for one lot or all the lots in a development. A discussion was held on the re2l&tionship between deed restrictions and zoning regulations. Mr. Luce was advised that the Town does notenforce individual deed restrictions in developments. The history of Two family dwelling zoning was explained to Mr. Luce.) MR. HULSE: This is definitely a change in the character of the neighborhood. W. MALCOLM LUCE: What if I moved into a one family dwelling and have my mother live upstairs~ THE CHAIRMAN: Separate living facilities, such as separate kitchens constitute a two family dwelling. W. MALCOLM-LUCE: Suppose I was a person with unlimited funds. My wife and I buy a lot here, and I am goinq to build a $75~000.00~'~show place, and in this show place I want to keep a handy~ man and his wife, Say I was going to include sepa~te servant quarters for them. THE CHAIRMAN: Plenty of'places have guest houses, W. MALCOLM'LUCE: This is not going to be a guest house. This will be livingquarters in the same dwelling. MR. HULSE: If it was going to be just a bedroom and maybe a bath,~ I would say okay, But if it was going to be a servant quarters with a separate kitchen and so forth, I would be against this. ~Southold ToWn Board of Appe&ls -20- Ma~ch 10~ 1966 W. MALCOLM'LUCE: My understanding is that you can't act on anything other than the Town Ordinance. THE CHAIRMAN: We are cDncerned with the use of land and that is what this is. This use won't expire with you. This is a ~two family dwelling in a residential area. The onlyperson I have spoken to about this is Bob. He explained a couple of things to me. I t~lked to Walter this afternoon and told him that the'Board would probably be in favor of this, but we would have to have assurance that the covenants would be amended legally. W.' MALCOLM LUCE: To protect me I must do this? I don~t un derstand. FLR. HULSE: Nobody has spoken to me about this. My obje=tion is strictly that I think it would change~ the projected character of the neighborhood. W. MALCOLM LUCE: I don~t agree with you. MR. HULSE: This has ~thing to do with ydeed restrictions. I am not taken the deed restrictions into consideration. W. MALCOLM LUCE: So what is the Boards decision on this then? THE'C~IAIRMAN: We can approve this application~ subject to you submitting to our Town Council the legal assurance that you will.not be violating the amended deed restrictions, Is the~e anyone else who wishes to be heard on this application? (There was no response,) Southold Town Board ©f~ Appeals -21- March 10, 1966 By investigation and public hearing the Board determined that the applicant proposes to erect the initial structure~ a substantial two family residence in a new subdivision known as "HickoryAcres", at Cutchogue, in which several lots have already been sold. The proposed site fulfills the minimum requirements set forth in the Zoning Ordinance as amended in this respect in June, 1965. The Board found that the original intention of the developers as set forth in the pro- posed covenant restrictions presented to the Planning Board prohibited two family dwellings~ however these restrictions were not filed with theCounty"Clerk. In granting or denying applications for Special Exceptions the Board is guided strictly by the rules and conditions set forth in the Ordinance itself and has no power toc~ange or vary a literal enforcement of the Ordinance. In addition the Board must require affirmative answers to the questions: Is there an undue hardship?; and will thecharacter of the neighborhood remain unchanged? Naturally, decisions are properlyrelated to precedents established here and elsewhere in theState. The foregoing analysis of the Board's procedure is occasioned by the applicant having queS%ioned the Board's responsibility in the matter'of deed restrictions, and in this matter,the applicant is correct. We are not responsible for the enforcement or n Dh enforcement of such restrictions, however the Board is responsible for determining types of use that may ultimately determine the character of the neighborhood. The developers original intentions seem pertinent in helping to make this determination, particularly in view of strenuous objections to Similar uses in other sections of the Town. The proposed structure will in n~ay appear externallyto be a two familyhouse. The applicant~s mother is subject to heart trouble and would be the proposed occupant of separate living quarters including ~eparate kitchen. In the circumstances the Board is in favor of granting the applicant's request provided a letter is obtained from the owners of the property to the Board of Appeals stating that the deed restrictions have been amended or are non existent, and the the owners of the property have no objections to a two family use on the proposed site. One member of the Board~ Mr. Fred~Hulse, dissents and states that in his opinion a two f~mily use will substantially change the character of the neighborhood now or in the future. Th~ Board finds that the public convenience and welfare and justice will be served and the legally es~ablished or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the psirit of the Ordinance will be observed. Southold Town Board of Appeals -22- March 10, 1966 On motion by'Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Walter'Malcolm'Luce, Cutchogue, New york~ be granted permission to erect a two family dwelling on Lot numbers eight ~8) and nine ~9) in the subdivision known as "Hickory Acres"~ Cu~hogue, New York, subject to the conditions set forth above. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Grigonis Na~: - Mr. Hulse. to the his Mr Bui to Mr.. E. Kennith Tabor appeared before the BOard in regard of another building onto the present location of ~he bui]~ing will be used all year around and it With all the necessary facilities. The y 20 feet by 14 feet. Mr. Tabor can add up onto the building. The building can nOt exceed 360 square feet. The Board a~?edMr. Tabor that the appl~catm~n would be set up for a hearing. On motion by Mro Gillispie,. seconded by Mr. Hulse~ it was RESOLVRD that the Southold Town Board of Appeals set 7:30 P2~h-.~.'S.T.), Thursday, March 24, 1966, at the'Southold High School, Oaklawn Avenue, South'old, New York as the time and place of hearing upon application of'Lloyd Terry, Main Roard, Orient, New York~ for a special exception h accordance with the Zoning Ordinance,~Article X,-Section lO03A~ forper- mission to renew a farm laborcamp permit granted April 15, 1965. Location of property: sou,~h side Main Road, Orient, New York bounded north by~ain Road east byS. Koroleski, and R. & W. Latham, south by'Long Beach Bay,. west by MRs. E.W. Latham Eatate. Vote of the Board$ Ayes:- Mr. Gillispie~ Mr. Grigonis, Mr. Hulse. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M.~(E.S-T-), Thursday~ March 24, 1966, at the Southotd High School, Oaklaw~ Avenue~.-Southold~ New York,. as time and Southold Town Board of Appeals -23- March 10~ 1966 place of hearing upon application of James Rogers, a/c Paul Wilson & Wf.~ east Marion~ New York,. for a variance in accordance with the Zoning Ordinance, Article III, Section 300~ Subsection 6, ~for permission to locate an accessory building in the front yard area. Location of property: south side of right of way off the east side of Bay Avenue, East Marion, New York, bounded north by right of way east by George Gogates, south by Marion Lake, west by'Walter Robinson. Vote of the Board: Ayes:- Mr. Gillispie~ Fir. Grigior~s~ Fir. Hulse. On motion by'Mr. Grigionis, seconded by Mr. Hulse~ it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M.~E.S.'T.)~ Thursday~ March 24~ 1966, at the Southold High-School~ Oaklawn Avenue, Southold, New York as the time and place of h~aring upon application of Braun~Oyster Co., Cutchogue~ New York, for a special exc~tion in accordance with the Zoning. Ordinance~ Article X, Sectionl007, Subsection ~E) forpermission to expand a non-conforming building. Location of property: south side Main Road, Cutchogue~ New York~ bounded north by J. Homan~Mehl~ east by James Homan, south by George Braun, west by'Stili~ater Avenue. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Grigonis, Mr. Hulse. On motion by Mr. Gillispie~ seconded by Mr. Hulse~ it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M.(E~S.T.),. Thursday~ March 24, 1966, at Southold High~School~ Oaklawn Avenue~ Southold~ N~ York, as the time and place of hearing upon application of E. Kennith Tabor~ Orchard-Street~ Orient~ New York~ for a special exception in accordance with the Zoning Ordinance,~ArticleXz~ Section 10003A, for permission to add an additional housing unit to the existing farm labor camp. Location o f property: south side Or~hardStreet~ Orient, New York~ bounded north by Orchard Street, east by Ted Rohloff, south by Eillen Chaikin~ west by~EulaRacketto Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Grigonis~ Mr. Hulse. Southold Town Board of ApPeals -24- March 10~ 1966 On motion by Mr. Grigonis~ seconded by Mr. Gillispie~ it was RESOLVED that the Southold Town Board ~fAppeals set 8:30 P.M~(E.'S.T~), THursdays March 24~ 1966, at the Southold High. School, Oaklawn-Avenue, Southold, New York~ as the time and place ofhearing upon application of Eastern Suffolk'Cooperative, Inc., Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article X~ Section 100~A, for-permission to erect housing for the accomodation of farm laborers. LoCation of property: west side Cox Lane, Cutchogue, New York~ bounded north by'Leander Glover, east by'Cox-Lane~ south by No Harris, west by Leander Gk)ver. Vote ~f the Board: Ayes:-Mr. Gillispie, ~r. Grigonis~ Mr. Hulse. On motion by Mr. Gillis~ie, seconded by Mr. Hulse~ it was RESOLVED that the minutes of the Southold Town Board of Appeals dated Febr. uary 24~ 1966~ be approved as submitted. Ayes: Mr. Gillispie~ Mr. Grigonis~ Mr. Hulse. The next regular meeting of the~Southold Town Board of Appeals will be held at 7:30 P.'M.~ Thursday~ March 104 1966~ at the Southold High School,. Oaklawn Avenue~ Southold~ New York. The meeting was adjourned at 10:30 P.M. Respectfully submitted,