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HomeMy WebLinkAboutZBA-01/27/1966 lelephone SO 5 2660 APPEAL BOARD MEMBERS Robert ~,vT. Gillispi¢, Jr,, Chairmen Ro[~ert ~ergen Charles Gre!~onis, Jr. Ser~e Doyer~, Jr. Fred Hulse, Jr. $OUTHO?.~ TONN BOARD OF APPEALS January 27,. 1966 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M.,~ on Thursday,~. January 27,~ 1966,~ at the Southold Town Office~, Main Road~ Southold,~, New York. There were present: Messrs: Robert-W. Gillispie~ Jr.~ Chairman; Robert Bergen~ Fred Hulse,, Jr. Absent: Messrs: Serge Doyen,~ Jr.~ Charles Grigonis~. Jr. PUBLIC P~ARING: Appeal No. 824 - 7:30 PjM. i~SjT.')~ Upon application of'WilliamWickham~ Esq.~ Mattituck~ New York, a/c Margaret V. Braatz~ Nassau Point, New York,~ for a Variance in accordance with the Zoning Ordinance~ Article III. Section 303, Article X,.Section 1000A~. for permission to create two lots with insufficient frontage~ and for recognition of access in accordance with the State of New York Town Law~ Section :280A. Location of property: south and east side of Vanston Road. Nassau Point~ New York~ bounded north by Vanston Road, east by Little Peconic Bay'Road~ south byWunnewet~ Pond, west by Vanston Road~ fee paid $5.00. Southold Town Board of Appeals -2-- January 27, 1966 The Chairman opened the hearing by reading the application for a variance and recognition of access~ legal notice of hearing~ affidavit attesting to its publication in the official newspaper~ and notice to the applicant. THE CHAIRMAN: As we understand this application, it is in order as far as the Planning Board is concerned, tt was referred to this Board for our suggestions as to the amount~of frontage to be used on the circle turn-around on Sailors Lane~ and the approval of four interior lots. Ordinarily~ a lot has to have the minimum requirements of 100 foot frontage and 125 feet depth. This being a subdivision~ these lots are all 20~000 square feet or more. At this time, is there anyone present who wishes to speak in favor of this application? WILLIAM'WICKHAM, ESQ.: Mr. Chairman and Gentlemen of the Board, I represent Mrs. Braa~z and Mr. Clark who are in this together as a joint venture. I am sorry that I am the only one here in favor of this. There are many friends here~ but they are not on my side~ therefore~ I would like to explain the background on this. First~ I would like to explain why Mrs. Braatz and Mr. Clark are not here tonight. Mrs. Braatz is leaving early tomorrow morning to go on a trip. Mr. Clark called today and said he couldn't make it because of sickness in the house~ and the roads may be slippery with the cold weather com~g> on tonight. Now~ Mrs. Braatz and Mr. Clark have been working on this for some time and thought that they came up with a pretty nice program for developing this area. Mrs. Braatz owns the property~ ten or eleven acres~ and Mr. Clark is the builder. Mrs. Braatz in particular has been quite indignant about some of the houses that have been going up on the point. She said she was not going to have any of that or there will be no development at all. She didn't feel that the houses of Nassau Point are well built or good houses at all. They have set up a program of 14 lots here. The minimum of which is 20~000 square feet and they run as high as 47~000 square feet. In other words~ these are large lots that people willbuild their homes on. Restrictions have been drawn up for the type of house that can be built. There must be 1500 square feet on the first floor. In the case of a two story house, the first floor musthavell000 square feet and the second floor 500 square feet. The figure for the homes to be built is around fifty ot sixty-thousand dollars. $outhold Town Board of Appeals -3- Janaury 27,2 1966 WILLI-AMWICKHAM,ESQ. CCon~t): We have been to the Planning Board on two occassions to have them look over the preliminary plans. We have four interior lots which means we could go ahead with this only with the four interior lots without filing a map. The Planning Board gave us approval after the second hearing. We have the 50 foot right of way and turn-around~ and two lots with less than 100 feet frontage. I am willing to answer questions and I will anticipate a few. I have had conference with several people.~ Mr, Fraser has discussed the situation with me and has been to my office. I am not going to take long with this, I think it~'s extraneous, Mr. Van Tuyl has been sketching plans fort he waterfront. I have talked toM rs. Braatz and M_r. Clark yesterday and today and I am authQ~ized to tell you, as I told Mr, Fraser, that we have no plans for the water front except to bulkhead. We realize we can't apply for the bulkhead until we get the permission of the Town Trustees. Mrs. Braatz has told me she is a member of the Nassau Point Property Owners Associa~on and the Wunneweta Pond Association. She would not do anything without firstbringing it before~these people. Any time some one wants to discuss the waterfront situation with her she will be glad to do it. AlO% of people are here tonight on that score. Our only p~Epose in coming here tonight is to settle the matter of the four interior lots. She has 14 lots here, and she could double that number. I think we are fortunate in having this laid out the way it is. It is in keeping withwhat sh~thinks Nassau Point should be. THE CHAIRMAN: She doesn't own lots 247 and 248? WILLIAMWICKHAM~ESQ.~: Yes.~ she owns them. She is not going to do anything~ith any of those lots at the present time, not even lot number one. Lot number one is here tennis court. When she is finished using it, she will include it. THE CHAIRMAN: ~ointing to survey).: This drawn here~ indicates what migh-tconstitute a residential mari~. That is not what youu'-are here for. WI~IAMWICKHAM,ESQ..: We have no application ~for a residential marina. Mr. Van Tuyi showed that on the map and Mrs. Braatz~was not happy with it. We could give you a map without that shown in a couple of days. Southold Town Board of Appeals -4- January 27,~ 1966 THE CHAIRMAN: To clarifyfor the people here~ lots 11 and 12 on the turn-around circle have a ~ontage of 78½ feet. WTT~IAMWICKH~/~, ESQ.: We would like to have the frontage on lots 11 and 12 reduced to 78½ feet to make the 100 foot turn-- around. All the other lots have good frontageon the road. THE CHAIRMAN: Does anyone else wish to be heard in favor of this application for four interior lots and approval of access? ~There was no response.) THE CHAIRMAN: Is there anyone present who wishes to be heard against this application? LEFFERTS P. EDSON~ESQ.: Mr. Chairman~ and members of the Board¢ I represent MrS. Lloyd Standley. I would like to say that~Mrs. Standley feels that this hearing should be-adjourned until a more appropriate time for the people in Nassau Point. THE CHAIRMAN: The Chair would have to deny that request. We can't accomodate ourselves to the ~eople in the Town. I would say it would be very irregular as far as this Board is concerned. LEFFERTS P. EDSON~ESQ~: I hand you this statement for your files setting forth Mrs. Standley~s objections. Lefferts P. Edson~ Esq. presented the Board the following statement, Said statement was placed on file. "TOWN OF SOUTHOLD ZONING BOARD OF APPEALS In the matter of the application of MARGARET V. BRAATZ X "TO THE~DNING BOARD OF APPEALS: "JOSEPHINEStandley~ residing at Lot $244 Little PeconicBay Road~ Cutchogue~ New York~ by her attorney~, Lefferts P. Edson~ hereby requests: Southold Town Board of Appeals -5-- January 27~ 1966 "1. That the application of Margaret~V. Braatz for recognition of access and for permission to subdivide and convey lots with insufficient frontage be adjourned until a later date at which time it~n reasonablybe assumed that persons owning property in the vicinity of the property of the application will be available to attend and take part in the hearing. This is not now the-case since many of the said intereSted persons are summer residentsand are not available to.attend,~ nor to receive actual notice of the hearing. "2. In the event that no adjournment until such later date is had~ objection to the application is hereby made fo~ the followingreasqns; "A. The intensive use of this Nassau Point property which would be caused by the creation of interior parcels is not consistent with the character of the general development of resident properties in Nassau Point. "B.' The granting of permission to convey parcels of land with less than minimum frontage tends to degrade the values of other properties in the neighborhood and furthermore in this particular case~ no h~rdship apparently exists which might justify such action by this Board. "C. The enclosed copy of the map of Harbor'Cove is in fact an attempt to subdivide a tract of land without the approval of the Southold Town Planning Board~,~ the SuffOlk County Department of Health~ the Southold Town Highway Superintendent Md the Southold Town Board~ and is also an attempt to circumvent the administrative procedures~ rules and statutes which exist and must be complied with in subdividing propertyby all persons. "D. The Southold Town requirements for'bonding an owner for the construction of a highway is also circumvented. "E. The map of'Harbor Cove ~ also shows a plan to create a marina to accommodate 14 boats. If these individual mooring areas are to be conveyed to the respective owners of the lots shown on the map~ such a conveyance would be contrary to the Zoning Ordinance of the Town of Southold in that the plots are substandard~ and if this boating facility is to be operated without a conveyance of the berths to the lot owners~ separate application for this use must be made. The application is not here being made. The map of Harbor Cove also shows the erection of spiles within the waters of Wunneweta Pond. Construction in Wunneweta Pond is entirely within the jurisdication of the Board of Trustees of the Town of Southold. No notice of an application Southold Town Board of Appeals -6- January 27~ 1966 for this purpose to the Board of Trustees of the Town of Southold has be had. "F. The right of way from Little Peconic Bay Road to the marina as shown on said map runs along the westerly property line of Josephine Standley. The use of this right of way by all of the owners of the lots shown on themap would create a noisy and dusty condition which would greatly inter- fere~ith the peaceful enjoyment of her~ property. For this reason it is suggested that the said right of way run to the water front from Vanston Road on the west~ thereby running through property owned by the developer. "For the reasons stated above~ in the absence of an adjournment to a t/me for a hearing convenient for the owners of properties in the neighborhood~ your objectant herebyprays that the application hereinabove mentioned be denied. "/~/ Lefferts P. Edson~-Dated: January 27~ 1966" Mr. Edson briefed the Board on what was contained in the above statement he presented to the Board. WILLIAMWICEHAM~ESQ.: I think that if we wanted to file a subdivision map in the CountyClerk's Office we ~ould have 28 lots. I didn't say that'this map wouldn't be filed in the Town. After we get your approval it will be filed here. It won't be filed in the Suffolk'County-Clerk's Office. This is not to _ get around the Rules and Regulations of the Pla~.~ning Board and the Town of Southold. The provisions say if yo~'~ave f~s or more lots you need the approval of the Planning Board~ We have to get your permission for these four interior lots. We didn't plan to have this come up in the winter~ this is simply in the course of ~fevents. THECHAIRMAN: Actually~ Mr. Edson~ the Board of Health' requires approval of wells and sewage on each lot whether the map is filed or not. As far as a bond for the roads~ this is not contemplated to be turned over to the Town is it? W~.~./.%MWICKHAM~ ESQ.: No. This is a 50 foot road. We will file a bond if we have to. LEFFERTS P~ EDSON'~ESQ~: ~n any'subdivision map ~here a road is shown~ a bond must be posted whether the map is going to be filed or not or whether ~ the roads are going to be dedicated or-not. Southold Town Board of Appeals -7- January 27~ 1966 THE CHAIRMAN: Under the State'Code~~ Section 280A~ the Board of Appeals can give'approval of access. LEFFERTS P. EDSON,ESQ.: Do you intend to go~thefbPlanning Board with this? WILLIAM WICKHAM~ESQ.: I have been to the Planning Board. I will go back to the Planning. This has nothing to do with the right-of-way. ?.WWFERTS P. EDSON,~ESQ.: Anything that is done before the Planning Board requires a public hearing. There will be no public hearing on this. It circumvents the rules for the subdivision of land. (The Chairman at this point read Section 280A of the State of New YorkTown Law.) THE CHAIRMAN: As far as this Board is concerned we are frequently asked to approve access and rights of.way. I don~t think that an attempt is being made here to defeat the Zoning Ordinance, This whole thing is complicated by this proposed or suggested marina sketched in by Mr. Van Tuyl. Apparently he just drew it in there. W/?W.IAMWICKHAM~ESQ.: We would have to apply for a special exception from' this Board~ and make application to the Town Trustees for a marina. Mr. James Murray raised a question about the title of the right-of-way to sez-~e lots 9~10,, ll~12,13~,and 14. However, this is not pertinent to the hearing. THE CHAIRMAN: All we are concerned with here tonight are the four interior lots, two with insufficient frontages, and recognition of access. ~landFRASER: If. you should grant the variance that they are asking for~,,wo~ld it be verbal. Would there be no map on file that shows what they plan to do? The Chainnan explained that the Board actions were kept on file. He further explained that some people submitted surveys and others just sketches~ however,, there would be something on file to show the applicant's intent. Southold Town Board 6f Appeals -8- January 27~ 1966 MR. HULSE: This right-of-way will notbe approved until it is cut in. If thins right-of-way is not built as agreed, there will be no acoess approval~ without the access approval~ the Building Inspector will not,issue a building permit for any of these interior lots. Fir. Murrany again brought up the question of the title of the right of way and a second right of way that runs down to the water front. Again this is not pertinent to the hearing. Mr, Harold Proom asked if the only thing before the Board at this hearing was the right of way and the interior lots. Mr. Norman Knapp was concerned about the buLk~ading of the waterfront. Mr. Hulse advised that this matter would have to come before the TownTrustees. Mr. Lloyd Standley again asked for a postponement for the hearing so that something more equitable could be worked out. The Chairman advised that the people that'make application to the Board of Appeals have the right to be heard. THE CHAIRMAN: Is there anyone else that wishes to be heard on,is application? MR, HULSE: I think we should point out that the applicant could l~uild on everyone of these lots except the four interior lots without getting approval from any Board. Mr. John O®Keefe wanted some explanation of just what was going to be done with this development. The Chairman advised that he felt that the applicant's intent was made quite clear by William~Wickham~Esq. Mr. O'Keefe also referred to the 14 slips in the water for the boats and the right-of-way running to the w-ater. Mr. Enapp stated that their objection was to the 14 slips shown on the?map. William'Wickham~Esq.,, stated that if they intend to put in a residential marina it would be a completely different hearing~ however this was not their in~ent at the present time. Mr. Wickham further Stated that Firs. Braatz was not happy with the 14 slips shown on the map. Mr. Wickham stated he would be glad to discuss these things in his office, however he did not feel they should be made a part of this particular hearing, bits.~ Standley asked if there was any,waythe applicant could be made to put in writing what the overall plan for the developmentis. Mr. Knapp asked that the reasons for the application be reread. Southold Town Board of Appeals -9- January 27~ 1966 THE CHAIRMLAN: The application reads." "Applicant wishes to subdivide her property fronting on Vanston Road, Little Peconic Bay Road and Wunneweta Pond, Point. In the proposed subdivision on the attached survey, 11 and 12 have reduced frontage on the ~urn-around on access is required for lots No. 10,11.~12.~ and 11 the applicant-is applying for. JOHN O:KEEFE: No one has any objection to Sailors Lane. LEFFERTS~P, EDSON~ESQ.': I think that the record should show the interest in the application by the people here° This is the only opportunity that the p~ople will have to say anything because~of~he way the applicant is subdividing this, There is nothing that will be on file here. TPIE'CHAIRMAN: Is there anyone else present-who wishes to be heard one way or the other on this application? (~ere was no response.) After investigation and inspection the Board finds that the applicant request the reduction of frontage on two lots and approval of access in a proposed subdivision to be known as "Earbor'Cove~ located at Nassau Points East'Cutchogue~ New York. Lots numbers 11 and 12 will have a frontage of 78½ feet~ however~ lot number 11 511 have $4~000 square feet and lot number 12 willhave 20~000 square feet. Both lots will contain more square footage than required by the'Zoning Ordinance~ therefore the spirit or,he Ordinance will be observed. The right of way to be named Sailors Lane will be a 50 foot rightoof wa~ith a turn--around circle of 110 feet in diameter. The Board finds that~all other lots in the proposed subdivision have ample frontage on the road. The Board finds that strict'application oft he Ordinance will produce practical difficulties or unnecessary hardship~ the hardship created is unique and wouldnot 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 -10- January27~ 1966 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that'William'Wickham, Esq~ Mattituck~ New Yorka a/c Margaret~V. Braatz~. Nassau Point, New York-be granted per- mission to create two lots~ numbers tl and 12 in a proposed subdivision to be known as "HarborCove~ located at Nassau Point~ East Cutchogue~ New York~ with insufficient frontage~ of 78½ 'feet on a turn around circle to be 110 feet in diameter. The Board further grants permission for a 50 foot right of way~ to be named-Sailors Lane. Said right of way will have a turn-around circle of 110 feet in diameter. Said right of way shall be passable for automobiles, fire.trucks~ ambul~nces~ and all other essential and emergency equipment. The rightof way to be known as Sailors Lane,s. and the lots, number 11 and 12, sell be constructed and~established as shown on the map of "Harbor Cove~ located at Nassau Point, East~Cutchogue~ New York~ owned by Margaret V. Braatz~ mapby Otto Van Tuyl and Son,, dated October 20~ 1965 and~December'30, 1965. Vote of the Board: Ayes:--Mr. Gillispie~ Mr. Bergen~ Fir. Hulse. PUBLIC HEARING: Appeal No. 825 - 7:45 P,M.(EST)~Upon application of'David-S. Strong~ Camp Mineola Road, Mattituck New York® for a special exception in accordance with 'the Zoning Ordinance, Article III~~ Section 300~-Subsection 5 for permission to erect a storage building'for boats on the premises of a marina that is now subject to a special exception use. Location of property: Camp Mineola Road~ Mattituck~ New York~ bounded north byPeter'F~reh., Jr.~ east by Peter ~reh~ Jr., south by Peter'Blreh~ Jr.~ and Allen~ west by James'Creek. Fee paid $5.00. The Chairman opened the hearing by-reading the application for a special exception., application for a building permit~ legal notice of hearing~ affidavit attesting to itslpublication in the official newspaper~ and notice.to the applicant. The Chairman read letters~of objection to the application ~rom the followingpeople: Violet E. Ullrich, Arthur H. Ullrieh~ George D. Ebinger, Mrs. WilliamHueglin, J.W. Helbing~ Edward A. Reynolds~ Frederick W. Kiendl~. Edward N. Richard~ Edward.A.-Spaeth~ Henry Koch~ Irma C. Koch. Said letters were placed on file. Southold Town Board of'Appeals -ll-- January 27, 1966 The Chairman read the actionof the Board of Appeals in the case ofPe~Lreh~ Jr.~ Appeal No. 126~ December 18~ 1958. Peter Kreh~ Jr. was the former owner ofthe property in. questinn. THE CHAIRMAN: Is there anyone present-who~ishes to be heard in favor of~this application? DAVID STRONG: I represent the marina~ I am the o~ner. THE CHAIRMAN: There were 16 acres of land under the original applicationmade by Peter Kreh~ Jr. DAVID STRONG: I boughtseven acres. In a more recent application permission was granted for 100 boats. We request permission at this time for a building to store boats. THE CHAIRMAN: Your sole purpose of this building is to store boats? DAVT~ STRONG: There will be no building of boats~ just the physical storage of bsats for the boats that I service and moor now. THE C~: How many people in your immediate area moor their boats at y~ur marina? DAVID STRONG: Alot of~the people have summer homes here, but their permanent residence is somewhere else. THE CHAIRMAN: All of these people have homes in the' Town of Southold, is that correct? DAVID STRONG: Yes~ they all have mailing addresses in the Town of-Southold. ~ot of these people that I can't accommodate have to go to Riverhead now. THECHAIRMAN: What do you use for the storage of boats at the present time? ~VID STRONG: I have a building on Sound Avenue. The building that used to be Papish ~Equipment. THE CHAIRMAN: Do you have a long term lease on this building? Board of Appeals -i~- -12-- January 27, 1966 DAVID STRONG: No, he has sold the place= so after this year I would have a storage problem. The eransporting of these boats for storagebecomes a problem. THE CHAIRMAN: Is there anything else that you expect to do with this marina? DAVID STRONG: No, that is not a structure that could be converted into a restaurant. It. is on the northeast corner of the property, it is not on the water. THE CHAIRMAN: Itis highly ~logical that you could put a restau~ here. You would have to get a change of zone for that. DAVID STRONG: I have approxim~_~ely 70 boats in dockage. must provide them with services. This has nothing to do with a commercial venture. I have to compete with competition. There is a hardship in transporting these boats. THE CHAIRMAN: We are concerned with the services which you provide to the residen~. The granting of this permission is not a license to advertise outside to get business on your property. DAVID STRONG: I want to solicit the people of'Southold whO now have to moor in Jamesport and Riverhead. THE'CHAIRMAN: One of the problems we are faced with here~ is that of a residential marina becoming a commercial marina. DAVID STRONG: You are drawing a very fine line there. Still it boils down, I am now offering the property owners storage on land for their boats¢ particularly the people who summer here. The only recall for these people is to go somewhere else where they can get storage for their boats. THE CHAIRMAN: One other point,at mightbe made here, I think itwould be better to have one storage buildingr than 50 or 100 boats stored in back yards and left outside. Is there anyone else who wishes to be heard in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to be heard in opposition to this application? Southold Town Board of Appeals -13 - January 27~ 1966 EDWARD REYNOLDS: I am a resident in this area, My letter is one that you have read. This is .not the place for a residential marina. The dictionary definition of a marina is a place to moor boats. Storage, etc.~ is not in the definition of a marina. By adding to this to make storage space he can paint~ repair and do other work that has to be done On boats. I don~'t think we should damage the residential section of James Creek by adding storage spaces and by permitting a commercial venture. We do not want a commercial yard~ this is not a .commercial area. I speak for myself and for my neighbor who is not here tonight. MRS. VERA WENDELKEN: I would like to go on record as being opposed. I agreewith Mr. Reynolds and other people of the Village that have gone on record here. We are,one of the highes%~tax people in the Town of-Southoldand I think you should consider what~thiswill do to our property~ THE CHAIRMAN: Do you mean that you think this storage building will depreciate your'property values? MRS. VERA WENDELKEN: That is right. THE CHAIRMAN: Is there anyone else present who wishes to speak against this application? MRS. GEORGE GI~.~ERST.REVE~-Camp Mineola Road: Where is the north east corner that this proposed building is to be put? DAVID STRONG: I have presented to the Board a smrveyof the property. The building boarders on the property of Peter Kreh. F~S. GEORGE GILDER~LEEVE: In other words, right in back of mF house. David Strong pointed out toM rs. Gildersleeve the location of the building on the survey. THE CHAIRMAN: Is there anyone else present who wishes to be heard against this application? A.E. WARD: ($alt'Lake Village)? He is making a commercial deal out of this situation. He asks for a building 60 feet by 60 feet on seven acres of land. What does h~i plan to do with the rest of the acreage, make that commercial? Southold Town Board of'Appeals -14- January 27,1966 THE CHAIRMAN: You don~'t have to answer'that question~ Mr. Strong. DAVID STRONG: I don~t mind replying. A.Eo' WARD: Another thing here~ what have the Supervisors done about the dredging in this channel~ THE-CHA//tNLa~N: I don~t know. Can you answer that Bob? ROBERT BERGENi No. Mr.~ A.E. Ward presented photos of the channel that he mentioned and photos of the property in question. A.E.WARD: Is there any bulkheading there. These slips are an eyesores'there's no bulkheading there. DAVID STRONG: At the present ~eealong JamesCreek there is no bulkheading. After the dredging there will be some bulkheading. As you knows bulkheading is very expensive. don~t want to go ahead with it until I know what my plans are. THE CHAIRMAN: How far is this proposed storage building fromthe present building on the property? DAVID STRONG: It~'s about 600 feet from the present building. THE CHAIRMAN: It is located to the north of the present bnilding? DAVID STRONG: Actuallyi~ is located to the east. THE CHAIRMAN: Is there anyone else present who wishes to be heard in opposition to this application? Ww~.IAM"WICKHAM~ESQj: 'I represent the Salt-Lake Village Association. I would like to take a slightlydifferent stand that Mr. Reynolds. We have the Webster~s definition of a marina. I~uestion this Board's jurisdiction in this matter. In our "B--2" business district it provides for~marinas for'the docking~ mooring and accommodation of!non-commercial boats, including the sale of fuel and oil primarily for the use of boats accommodatedin such marina. Southold Town Board of Appeals -15- January 27, 1966 THE CHAIRMAN: That's in the "B-2" Business ~istrict. WILLIAM WICKM~%M,ESQ.: Nov, theword accommodation appears, but I question whether this word accommodation would give you people the jurisdiction to grant this request, I challenge your jurisdiction because I don"t think the%ord accommodate would cover the storage of boats. In Article IV, Section 400~ Item 19~ it covers boat yards, hoar'storage yards and boat s~rage basins. It appears to me that for a boat storage yard, ~ boat storage building he would have to apply for a changeof zone to "B" Business District. The work accommodate can't include~storage building because that is only provided for in Article IVt Business~ and that is the heavy business section. THE CHAIRMAN: I agree with you because this previous special exception was granted under the original ordinance. The present Ordinance reduces the number of'boats in a residential marina to six. We would have no authorityto grant a special exception for a marina asking more than six boats to be moored. WIT~IAMWIC~ ESQ.': That may be so. You have by previous exception increased the limit of boats, but do you have the jurisdiction to enlarge this marina to cover the storage of boats? You could allow a marina for the mooring of boats. This boat storage should be in a business zone, and for that~e applicant has to go to the Planning Board and the Town Board. THE CHA/i~AN: I think that this question you brought up will have to be taken up with the Town Attorney. I don*t think we will make a decision on this case tonight. DAVID STRONG: My attorney~ Mr. Cron, says that this is in your jurisdiction. Mr. Kreh had a non-conforming use. He supposely had some privileges even .if he had not applied for the special exception. You are drawing a very thin line here. We have a winter season. The boats are moored in the summers but they have to be stored in the winter. EDWAREYNOLDS: The owners of the boats have many other needs. The boats have to be painted and repaired. This could constitute a shipyard. THE ~HAIRMAN: Mr. Wickham~ your objection is whether or not this Board has jurisdiction in this matter? WT~.~.IAM WICKHAM,ESQ.~: That is right. Southold Town Board of Appeals -16- January 27, 1966 MRS. GEORGE GTT.~ERSLEEVE: We just heard about this tonight. We were going to get a petition signed by all the people in the neighborhood, but we didn't have the time. Would this Board be influenced by a petition? THE CHAIRMAN: We like to get all the information we can that pertains to a particularhe~ring. However~ our decision doesn't depend on whether or not the people in the neighborhood like this or don~t like it, MRS. GEORGE GILDERSLEEVE: Your decision depends on whether it's legal or illegal? THE-CHAIRMAN: That's correct. MRS. GEORGE GTT.~ERST~EVE: This is a hardship on the people in the area. THE CHAIRMAN: We realize that a special exception affects alot of people. JAMES DET.EHANT¥: What concerns me~ is where do these things stop. It started with 17 acres and three row boats. He got,permission to have power boats~ and then permission for more power boats, and now ~he wants permission for a storage building. If the man stores boats he will need pem~mission to paint~ which goes with the storage of boats~ and it goes on and on. This concerns all people that have residential property there~ that:s why we a~kwhat is this man~s intent. Today's action create tommorows problems. THE CHAIRMAN~ There are many cases where we are required to grant a special exception ifthe exception fullfills,all the requirements, DAVID STRONG:. I realize that it has no bearing on this as far as intent goes. This has been an eyesore there already. have permission for 100 boats. In order-to beautify it~ all these things have to become a part of it,, or else it will become an eyesore. This marina has been there, I don~t feel that it will lower property Values any. My whole intent is to beautify,the place, and 'to accommodate the residents as it so states. THE CHAIRMAN: Does anyone else w~h to be heard? SouthQld Town Board of Appeals -17 - January 27,~. 1966 A.E.WARD: I might'add to Mr. Delehanty~s remarks. We have the very same situation down at the P~t of Egypt. They' started with only a few row boats. There are seven acres of land here. I think we have to look into the future. This is a residential area and~people are building on the boarder line. He's got seven acres of land, How'are we going to stop him. Boats come in on trailers~ then you will have the trailers left. there, This area is more residential than commercial and I think~you should consider-the residents in this area. THE CHAIRMAN: Is there anyone else present who wishes to speakagainst this application? (There was no response.) THE CHAIRMAN: There have been several interesting points brought out here. I think we will postpone our decision on this case until we have consulted our Town Attorney. MRS. GEORGE GILDERSLEEVE: This marina is not on a Town Road. It's in miserable shape. The heavy summer traffic doesn'thelp~ and there are millions of children on these roads. The traffic will be hazardous to them. FRE~_~/~GSBY,~ Camp Mineola Road: Only the people who have. spoke /~ tonight will go on record, THE CHA~: _AYes. FRED CONINGSBY: I protest this. Where does this stop. How. many more buildings will be put in there afterhe gets permission for this one. THE CHAIRMAn: The Board will take all these things into consideration. FRED CObIINGSBY: I am afraid that-this whole thing will become a commercial district. This commercial traffic'affects us manyways. We have had t~e road repaired many'times, THE CHAIRMAN: Is there anyone else present ~ho wishes to be heard on this application one ~ay or the other ? (There was no response.) Southold Town Board of Appeals -18- January 27, 1966 a ecis'on on e 1 THECHAIRMAN: We will postpone~h~s~ear~ng, App a No. 825, upon application or'David S. Strong~ CampMine01a Road, Mattituck New York, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 300,~ Subsection 5 ~i) for per- mission to erect a storage building forebears on the premises of a marina that is now subject to a cspecial exception use. Location of property: Camp Mineola Road, Mattituck, New York, bounded north by Peter Kreh, Jr., east by~Peter~Kreh~ Jr.~ south by'Peter Kreh~ Jr.~ and Allen, west by James Creek~ until this Board has consulted the Town Attorney and gets a.d~termination as to wheat or not the Board of Appeals has the jurisdiction to act on this case. Mr. James Delehanty and Mr. Kimmins appeared before the Board reran informal ~scussion in regard to a variance that was granted to Rosalie Lahmann~ Appeal No. 705~. on August 20, 1964. Mr. Delehanty read a t~tter to the Board stating his objections to the granting of this variances Said letter'was placed on file. Mr. Delehanty read another letter to the Board stating he did not feel sufficient public notice was given about thishearingo This letter was also placed on file. The Chairman advised Mr. Deleh~ty that the Board was only required to advertise the legal notice of hearing in the official news- paper of the Town. The Chairman ~so stated that possibly the Board had been in error in granting this variance to Resalie Lahmann. A letter was written to Mr. Stanley'Cozwin~Esq., in regard Appeal No. 823e upon~application of Samuel Glickman~Esq.~ a/c Bolling, Aqueborque~ New York~ for a special exception in with the Zoning Ordinance~ Article'X~ Section 1003A~ ~ion to operate a non-farm labor camp. Location of east si~e Queen Street~ Greenpor~, New York, bounded Malinauckas~. east by Mrs. Emil Conklinz s~uth by'Steven Sledjeski~ west by.Queen Street. The Board advised StanleyCorwin~Esq. z that the Board had no jurisdiction to act in this case. He was further advised that because the property had changed ownership it was not necessary for the new owner of the property to make application to operate the non-farm laborcamp. $outhold Town Board of Appeals -19- January 27~ 1966 On motion by Fir. Gillispie, seconded by ~ir. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated January 15~ 1966, be approved as submitted. Vote of the Board: Ayes:-Mr. Gillispie~ Mr. Bergen, Mr. Hulse On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 PJM., pST), Thursday, February 1210~1966~ at the Town Office, Main Road Southold~ New York~ as the time and place of hearing upon application of StephenB. Hamilton, Legion Avenue, Mattituck~-New York~ for a variance in accordance with t~e Zoning Ordinance, Article III, Section 303, Article X~ Section 1000A, for permission to divide property with insufficient frontage and area. Location of propert~ north side Legion Avenue, Mattituck, New York~ bounded north by Long Island Railroad~ east by'Newalis-Griffin~ south by Legion Avenue-Wells, west by'Cemetery Assn. Vote of the Board: Ayes:-- Mr. Gillispie, Mr. Bergen~ Mr. Hulse. The Board received an application fromFleet'Lumber, Inc., Main Road,~ Greenport, for a special exception for permission to erect a sign. A letter was written to Fleet'Lumber, Inc,, advising them the Board did not look favorably upon theiz application, however~ if they insisted upon having a public hearing~ the Board is willing to hear their case. The next meeting of the $outhold Town Board of'Appeals will be held on Thursday~ February 10~ 1966~ at 7:30 P.M., at the Town Office,Main Road, Southold, New York. The meeting was adjourned at 11:00 Respectfully submitted~ S~thold Town Board of Appeals