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HomeMy WebLinkAboutZBA-11/07/1968 APPEAL BOARD MEMBERS Robert ".~. Gil[ispie, Jr., Chairm~n Robert Bergen Charles Gregoni% Jr. Serge Doyen, ,Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 MINUTES SOUTHOLD TOWN BO~qD CF APPEALS Nove~r ? ~ 1968 A regular meeting of the Southold Town Board of Appeals was held at ?:30 P.M.. Thursdays November 7~ 1968~ at the Town Officer ~a%in Road~ Southold~ New York. There were present: Messrs: Robert W. Gillispig~ Jr.s Chairman; Robert Bergen~ Charles Grigonis~ Jr.s and Fred Hulse.Jr.~ present at 8:20pm. Absent: Mr. Ser~e Doyen~ Jr. PUBLIC HEARING: Appeal No. i214 - 7:30 P.M.(E.D.S.T.)s Upon application of J. Wilbur Smith,2 Carriage Court. Stonybrook, New York~ for a variance in accords~nce with the ~oI~n9 Ordinance, Ar~le III~ Section ~4, for permission to construct new one family dwellin9 ~ith reduced front yard setback. Location of property: north side Pine Tree Road and Billard Road~ Cutcho~ue~ New Yorks bounded north by Flora S, Luce and another~ east by Billard Road~ south by Fine Tree Road~ west by W. ~ess!er. Fee paid The Chairman opened the hearin~ by readin9 the applica~ion for a variance, legal notiee~f hearing~ affidavit attes~in9 to its publication in the official newspaper~ and notice to the applioanto $outhold Town Board of Appeals November 7, 1968 TH~ CHAIR~2~: Is there anyone present who wishes to speak for this application? MRS. GERTRUDE HARTUNG: I am agent for ~r. Smith, I am agent on the sale of the lot, subject to 9ettin9 a variance, We.had considered chsa%gin9 the roof line of the garage and moving it up; and many th//lgs to try to 9et it ~o fit without applying for a variance, It would be more desirable if we could 9et the 10 feet. We would have.a 17 foot bach yard from the biggest point. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response, ) THE CHAIPJ4AN: Are there any questic~s? MR. BERGEN: This lot next door is what dimensions? THE CHAIRMAN: This lot would be 110 feet by 150 feet. THE CPL~IPJ4AN:Is there anyone present who wishes to speak agains~ this application? (There was no response.) MR, BERGEN: ~at is the measurment between the north line of the house to the pr~Derty line~ MRS. HARTUNG: It is 50 feet= THE CHAIRMAN: Our problem here is granting a 25 foot variance on a new block, even though there will be only two houses built on this block. The Ordinance requ~es 35 feet setback from both streets, 5~S. HARTUNG: We considered that and we felt that anyone who built on Lupen would place the house so that the back yards would be back to back. MR. BERGEN: ~wr~We have to consider the side yard also. THE CHAIRMAN: This is a self-imposed hardship. For example, this projection in design is unusual. MRS, HARTUNG: His plan was to plant a row of trees that would be right along the garage. THE C~I~4AN: We can not be concerned with trees, we do have to be concerned with the way space is used. We can't consider giving a reduction in front yard on this basis. MR, BER~N: There is no hardship here. Southold Town Board o~/ApPeals -3- ~vember 7, 1968 THE CHAIRMAN: Is there anyone else who wishes to spe~k on this application ? (There was no response.) After investigation and-inspection the Board finds that the applicant requests permission to construct new one family dwelling with reduced front yard setback. The applicant is the owner of a corner lot and wishes to construct the house 25 feet from Billard Road. The Board finds that the applicant's lot is 110 feet by 150 feet, There is no hardship involved here. The applicant proposes to build a house that is too large for the lot. The Board considers this a self impoeed hardship. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is~ique and would be shared by all pro, tries alike in the immediate vicinity of this property and in the same use district; and the variance does not~ observe the spirit of the Ordinance and will change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLV~D Jo Wilbur Smith, 2 Carriage CouXt~ Stonybrook~ Ne~ York, be DENIED permission to constHuct new one family dwelling with reduced front yawed setback as applied for on property located on north side Pine Tree Road and Billard Road, Cutchogue, New York. Vote of the Board: Ayes:- Mr, Gillispie, Mr. Bergen~ F~, Grigonis, PUBLIC HEARING: Appeal No. 1215 - 7:45 P.M.(E.D.S.T.)~ Upon application of Hugh Quinn~ Old Filed Road, Odl Field, New York, for a variance in accordance with the .Zoning Ordinance~ Article III~ Section 305, and Article III, Section ~07~ for permission to retain insufficient front~yard setback and sideyard on existing building, and for approval of access in accordance with the State of New York To%~n Law, Section 280A. Location of property: south side Jackson:Street, New Suffolk,New Y~rk, bounded north by Jackson Street~ east by other tands~of QUinn, south by other lands ~f Quinn, west by J. Manning. Fee paid $5.00. The Chairman opened the hearing by reading the application for a.variance~ legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAI~4AN: Is there anyone preseat who wishes to speak for this application? M~. QUIN~q: As our application states the exisiting barn, we hawe sufficient property to move, butI think it would be harmful. The building is more than 100 years old. The foundation of it is cut-stye. You couldn't take it d=wn, nor could you move it without the stone crumbling. It Was designed to have three or four bedrooms ~pstairs and two rooms downstairs, with the stable part and the carriage house. $outho!d T~vn Board Appeals -4- t.~/ember 7, 1968 MR. QUINN,(con't): The reason for this setup Gentlemen, is that we have four children, nome of whom live near here, but they do come t o visit us in the summer and we hope to build our home on lot three, to make this in$~ a liveable home. As Mr. Terry pointed out, this Iittle shed here we would "b/ce to place elsewhere on the property. We have 12 grandchildren so the family needs plenty of extra room in the summertime. THE CHAI~Wa%N: Do you propose to start building right away? MR. QUINN: In the spring. (Access to the house was discussed at some lenght.) THE CHAIRMAN: Do you intend to sell off any of this property? THE C~IRMAN: Are there any other questions? (There was no response.) A~ter investigation and inspection the Board finds thatthe application requests permission to retain insufficient front yard setback and sideyard on exisiting building and obtain appmoval of access. The house in question is over 100 years old and in it's original location. The applicant intends to modernize this house and include kitchen and bathroom facilities. In general, the Board in in agreement with the reasoningof the applicant. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and Ln the aame use district; and the variance does observe the spriiit of the Ordinance and will not change the character of the district. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED Hugh Quinn, Old Find Road, Old Field, New York, be granted permission to retain insufficient front yard setback and sideyard on exisitng building and be 9ranted approval of access, subject to the ~following condition: Acess to lot number one shall be obtain through the new rightof -way that is approved in this action, This matter may be considered again in the future. Vote of the Board: Ayes:- Mr. Gillispie, F=. Bergen, Mr~ Grigonis. Southold Town Board of Appeals -5- November ? ~ 1968 PUBLIC PS~ARING: Appeal No. 1216 - 8:00 P.M.(E.D.S.T.)~ Upon application of Albert A!bertson, Jr., Hortons Lane, ~Southold, New York, for a variance in accordance with the ~oninG Ordinance, Article III, Section 303~ and Art~le X, Section 1000A, as applicable to Article_IV~ for permission to set off less than t00 feet front lot for mixed occupancy building. Location of property: north side of Main Street, Southold, New York, bounded north by railroad, east by W.G. Albertson and ~ullen, south by Main Street, west by G. A!bertson. Fee paid $5.00. The Chairman opened the hearing by reading the application for variance, legal notice of hearing, affidavit attesting to i~s publication in the official newspaper, and notice to the applicant. TPIECHAIRMAN: Is there anyone preset who wishes to speak for this application? (There was no response.) H~qARD TERRY: (Building Inspector:~ I asked him to bring in a survey tonight, but he hasn't_showed upyet. THE CHAIRF~: I believe the property is about 278 feet. HOWARD TERRY: The dimensions on the application are from the ~r~E CH~.IR~&%N: Is he bringing in a surly? HOWARD TERRY: I asked him to. T~ CHAI~¢~-N: I believe this lot Goes a~l the way back to the railroad track. Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRFL~N: As I understand this the use will be ~he same as the use that.has been there in the past except the Grocery store will now become marine outboard~ It will still be used for business add the apartment will still be used for residential. After investigation and inspection the Board finds that the applicant requests permission to set off less than 100 feet front lot for mixed occupancy building. The Board finds this is recognizing ~m existing situation° The lower floor will be used as a business as in the pasts only the type of business has changed, and the second floor will still be used for residential purposes. The Granting of this variance will no way change the area. The Board finds that strict applicati'on of the Ordinm~ce will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alikein the immediate vicinity of this property and in the same use district; and the variance does observe the.spirit of the Ordim%ce and will not no~ change ~he ~.ha~ac~er of the Southold Town Board of Appeals -6- Novem~r 7, 1968 On motion by I¢~r. Gillispie, seconded by Mr. Bergen, it was RESOLVED Albert Albertson, Jr., Hortons Lane, Southold, New York, be granted permission to set off less than 100 feet front lot for mixed occupancy building as applied for on property located north side of Main Street, Southold, New York, subject to the Board of Appeals obtaining a survey of the property. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hutse, Grigonls. PUBLIC HEARING: Appeal No. 1217 - 8:15 P.M.(~.S.T.), Upon application of Clifford and Edwina Tyler, SchoolHouse Road, Cutchogue, New York, for a special exceptinn in accordance with the Zoning ance, Article IIIA, Seciion 350, subsection 4~ as applies under Article IV, for~permission to operate a transient trave~ camp area. Location of property: north Side SchoOl House Road, Cutchogue~ New York, bounded north by S. Kurzewski, east by AoMcCaffery, south by School House Road, west by W.J. Baxter and others. Fee paid $$.00 The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to' its publication in the official newsp~er, and notice to the appliaanto THE CF~i~v~t: The application is accompanied by a surSey of the property. The survey indicates that the applicant owns a lot 373 feet on the~west boundary, 205 on the north boundary, approximatel~ 412 feet deep. The survey shows that the concrete bhock garage that is occupying part of the property is located 110 feet from ~chool House Road. The area that would be used for the purpose described in this application.would be ~est and north of the concrete garage. This sketch shows 23 spaces for trailers. Is there anyone present who wishes to speak for this application? CLLWF TYLER: I Came down here with a few more details on this matter. (~Wir. Tyler showed the Board of Appeals books and booklets on campersand trailers. These books are put out by the AAA.) (A brief discussion was held on the dlstingtion between mobile homes, campers and trailers. The chairman read the following from the rear cover o~OmsBI~-~ LIFE: The words recreational ~vehicles should include sucF4~pT~t~e4-as referred to aa motor homes, travel trailers, pick-up~ campers, c~mper coaches~ tent trailers~ provides the me~s of travel and camping that is done by a whole family units who are unable to accomplish such without the use of recreational vehicles.) CLIFF TYLER: That is what we classify as recreational vehicle. Southold Town Board of Appeals -7- November 7, 1968 MR, HULSE: %vhat would be the maximum size of a recreational vehicle? CLIFF TYLER, JR.: The State Police classify a travel trailer as B2 feet long, eight feet wide, nothin9 over ? one -half permissable to tow~ith an automobile. THE CHAIRMAN: That would be 32 feet £romthe rear of the trailer tothe hitch, includin9 the hitch. MR, HULSE: This can be t~wed without a special permit? CLIFF _TYLER, JR,: Yes. THE CHAIRM2~N: The total lenght of the car and trailer can not be over 50 feet? CLIFF TYLER, JR.: Yes~ THE CHAIRbia_N: We are talking about an overall lenght of 50 feet and a maximum size trailer of B2 feet by ? 1/2 feet. How lon9 a period of time do you expect these people would stay in one location? CLIFF TYLER: Nine out of l0 of these peopl~stay the maximum of 14 days. Very few stay the 14 days. ~ost of them would stay for the week-end and then they ~o~ld be off. CLIFF TYLER~ JR.: The only time they may stay longer would be in the s~er when they are on vacation. THE CHAIRM~/N: What time of the year would you expect this to operate. Would this be 365 days a year, or a seasonal operation? CLIFF TYLER, JR.: It would probably be early spring to late fall. CLIFF TYLER: Most of these camps are open from April 15th to October.15th. MR. HULSE: Do you plan any other facilities other than water and sewerage? CLIFF TYLER: Electric. BERGEN: You have to have lights. THE CHAIRMAN: You might want 9arbage removal. CLIFF TYLER~ JR.: This Ordinance requires fire extinguishers, lavatory~facilities, etc. MR. HL~SE: You aren't plannin9 anything like swimmin9 pools or something like that? CLIFF TYLER: Noo · Southold To~n Board of Appeals -8- November 7, 1968 THE CHAIRMAN: Is this park increased in size you might, want to have a grocery store and that type of thing, CLIFF TYLER: No~ it's too close to the village. ~. PUJi~E: Can you handle 32 foot trailers? Cliff Tyler: Yes, These plots are the same size as your mobile home,plots. ~R~ HLV~SE: Would you pave this area? CLIFF TYLER: There will be three strips of either blacktop or concrete~ for the wheels of the vehicle to sit on and one in the center for the driveway~ and the rest will be grass. THE CHAIP~: You plan water , sewerage, and electricity? CLIF TYLER: Right. THE CHAIP~IN: How many cesspools? CLIFF TYLER: This has to be determined by the Health Department. THE CHAIRMA~N: How many people usually travel in one of these trailers? CLIFF TYLER: There are usually four people~ maybe five in a large~trailero }~. HULSB: You haven't checked with the health department yet? CLIFF TYLER: No, There is one other way to do this. If they don~t want as .mmd~y cesspools in~ they put in ~hat is called.a ,unit dump station. ~. HULSE: Do you have municipal ~ter there? CLIFF T~LER: No. ~. HULSE: This operation will put quite a load on the well, CLIFF TYLER: We will have to have two wells. JA24ES HORTON: Most of these tratlers hold between ~0-39 gallons of water, Usually the people are conservative with the water, TH~ CHAiPJdAN: Do you own a trailer? JAM/~S HORTON: Yes. I have owned one for abuut three years. There are wonderful facilities on the sough shore. I think this is a growing thing. The type of person that travels.with a trailer is careful with the trailer. This is the type Of thin~ we can't ~et along without. If they spoil it, they spoil it for everyone, Southold Town Board of Appeals -9- November ?~ 1968 THE CHAIRMAN: Are there any trailer parks in the five eastern towns? JD~4ES HORTON: East Hampton has one. There is a private one at Montau3k which is not very well run. The State has a very nice one with facilities for about 170 sites, which is booked up about one year ahead of time. TH~ CHAIRMAN: Are they booked seasonally or are they on a transiedt~ basis? JAMES HORTON: On a seasonal basis. They allow a maximum time of two weeks. THE CHAIRMAN: Where is this one located that you are speaking of now? JA~S H~e~aOrN: A~ Hither Hills. There is one at Wildwood State Park ~ at ~ Point in 5~stic. THE CHAIRMAN: How big ~s the park at Wildwood? JAM3~S HORTON: That is about 160 sites. TH~ CHAIP~4AN: The ~wo you have just mentioned are ~tate operated? J~MES HORTON: Yes. THE CHAIRMAN: Did you say there was on the south side that is privately ~ operated? J~34ES HORTON: Thereis just one that I know of. That is at Montau/~ There may be ~nother one over there around Three Mile Hazbor~ but I a~ not familiar with it. THE CHAIRlVJ~N: You made a distinction between a camper and a trailer, k~nat is the difference. JAMES HORTON: An ordinary pick-up that takes a body that is about .10 feet, .usually sleeps up to four and is sea.-f-contained. ~o HULSE: This slides onto a pick up body. You can slide this in ~ud out. THE CHAIRMAN: You were telling us about other parks in Eastern Long Island. ~ J;~S HORTON: Hart Estate has one that is being developed. This is to .the west.of M~stic on the north side of Route 27. There is. a ~ond between Riverhead and Hampton Bays that has been taken over by the County, TH~ CHAI~Vn~N: Is the park at Mastic privately operated? Southold Town P~ard p 1 -10- ~ ~mber 7, 1968 J~MES HORTON: It is operated by the County. The State operates Hither Hills ~nd Wildwood. The County operates Cedarpoint, Bellows Pond, Smithpoint, Hart Estate, and i know there are a couple of m~e that are slowly beinG developed. THE CHAIRNL~N: V~at is the size of the County operated parks. 'JAMES HORTON: ce~arpoint right now will take about 25~ An average week at Smithpoint would be 75 to 125 trailers, supposely only county residents. THE CHAIRMAN: All of the Cowry parks are supposed to be used only be County residents? JAMES HORTON: Yes. THE CHAIRMAN: How abuut the New York State Parks? JAMES HORTON: You have to have a reservation. MR. HULSE: I could add that the Chamber o£ Commerce has been in contact with Assemblyman Duryea to try to get money appropriated to build one at Orient° Nethin9 has been done yet, but they have talked to him. MRo BER~N: Do any of the trailer parks, in Riverhead take transients overnight? CLIFF TYLER: ~ don't really know, but I don't think they w~uld~ (A discussion was held on the manner of assessing this property if it was granted approval for a transient trailer park.) THE CHAIRMAN: Are there any questions the Board would like to ask ~4r. ~hyler? MR. HULSE: Would plan on closing this dov~ after a certain date? CLIFF TYLER: This would be seasonal. April 15, to October i$o It would~be very hard to provide running water in the winter months when it is freezing. THE CHAIpdV~uN: Do you have adequate water supply there? CLIFF TYLER: Yes, we have two wells. THE CHAIRMA~W: k~at is the capacity of the well, do you know? CLIFF TYLER: I don't know. I have plenty of water in the ~araGe_and I have plenty left. Southold Town Board of Appeals -11- November 7, 1968 the~24AIP~WiaAY: Is there anyone else present who wishes to speak for this application? (I/~ere was no response.) TP~S CM~I~4AN: Is there anyone present who wishes to speak against this application ? RICPL~RD LARK, ESQ.: I am from Bill Wickham's office in Mattituck. We represent K%~czewski who o~s property adjoining the parcel in question~ and Mr. Baxter and Mr. Goldin who o~ to the west and to the northwest. THE CHAIRMAN: In other words you are representing two adjoining property owners. ~Q.. LARK: Yes, immediately adjacent to the property in question. The basis of objection is based on the zoning Ordinance and smme of the critera for this type of application and what the Board is required to take into consideration. I wilt go through the basis for the objection in line with the critera. First of all that the use contemplated here will prevent the orderly and reasona!be use of adjacent properties, pr properties in adjacent use districts. The property of the objectors ~x is zoned '~" Residential and Agricultural ~nd the property of the applicant is zoned business. Both of these adjacent parcels under present zoning are devoted to farming purposes. This doesn't always have to be the case: especially in the near future. Both of these lands could be developed for residential use. The water is very good ~ this area. There is a road leading into the property, It is contemplated that this property will be used for residential purposes in the not two distant future. ~. H~JLSE: How big are the parcels you are ~eferring to? MR. L~K: Baxter~s parcel is about 31 acres. owns about 29 acres. ~trs. Enrczewski THE CHAIRMAN: Is it your contention that an overnight transient trailer cmmp~would inhibit the development of the adjoining property? 5~Q. LARK: Yes. Especially since it is a legally established use, which is the next critera that I want to come to. The use contemplated will prevent the orderly and reasonable use of the permitted or legally established use,which the adjacent parcels are for residential. It is felt by ~urczewski, Golder, ~nd Baxter, altho potatoes arena harmless neighbor at the time to a venture such as this, that it will inhibit any resale value that they might have , especially if the parcels are to be located right next door to a transient ~railer camp. The next critera, that the safety, health, welfare, comfort mud convenience of the Tova~. The critera will not be adversely affected by the proposed uses of the location. The point here I would like to make what effect other than adverse can a trailer camp have on the Town as far as the burden that it places on such things as the police~ additional survalence, Altho it is no~ Par~ ~ of this applicati0n~ the perrmzt that must be granted by ~he zown moarc -12- November ?~1968 Southold Tovm Board of Appeals 5~. Lark (Con't): takes into consideration this very thin9 and the requirement who is responsible for the trailer park must list him name and ad~ess amd telephone number with i he police department so that he can be contacted at all times. Also it will be requi~ed to have fire extinguishers some many feet apart. This will have to be checked on by the local fire department to make sure there is no fire hazards or no other ordinances not being complied with. The point here is that the community at large Cutchogue, or otherwise milk other than the businessthey might 9et out of it, other than the applicant, the corresponding community at large does not benefit from this. THE CHAIR34A~: I took this up with the ~ovm Board today. That was one.of the.points that was brought.~up by the Town Counsel. The fees chamged to ~. Tyler by the Town could not be more or less than approximate e~timate of the cost to the To~ of checking the facilities. MR. LARK: Another point, the use contemplated here is in harmony with~and promote the general purpose of the Ordinance. I don~t need to dwell on what the purpose of the Ordinance is. It is in the preamble to promote the health safe~y, morals mhd general welfare, for the Tow~ of Southold, and provide a desirable use for the land in each district. And we ts/~e into consideration the conservation of property values, and the direction of building development. It is felt there that this proposed use will inhibit the growth of any residential section in this particular neighborhood because most of your ~tate parks are well shielded. I realize that the local Ordinance requires that one plants shubbery.not less than five feet all the way around. However, some of these State parks are well shielded , and I am familiar with the one at Wildwood. THBCHAI~4~T: The safety, heAl,h, welfare, comfort and convenience or the order of the Tov~will not be adversely affected by the proposed use, Is it your contention that any of these things will be adversely_affected? MR. LJ~R~: No, I can't say at this time. THE CHAIPJ4AN: Well supposing that Baxter and Kurczewski developed their.land residentially? ~. LARK: The law is that the applicant should show that the use proposed will promote the health, welfare, s~fety of the community. I can't forecast that just because you are having the transient trailer cs~up adjacent to a residential parcel that it is going to infringe upon the people's right on the residential parcel. The owners of the adjacent parcel feel that they will have trouble developing the land for residential purposes for resale values because of the transient travel camp. That is their contention. Southold T~ Board of D~peals -13- November 7~ 1968 MR. L~K: The next one, is mostly repetitious. However the Zonin9 Ordinance does place a burden on the Board to take into consideration the surrounding land owners and not only to treat the applicant fairly, but also treat the surrounding land owners fairly, so that their property values would not be jeapordized and inhibit_any future growth they ~ight have for their lando Especially since this was contemplated to be a ~ighly residential section, I thiP2~ it is reasonable to assume this because if you go east on School House Road, it is all residential until you get to the school. North Street is residential until you get right up on the road° THE CHAIRMAN: What I would like to knowfrom you is how this would,h~arm the residential developement of the community, MR. L~K: It would inhibit the property values~ THE CHAIR.WL~N: How would it inhibit the propert~ values? ~. LARK= It is felt by the owners of the prop~ty that people would not~wan~ to buy a lot adjacent to transient trailer camp~ THE CHAIRSI~tN: You will probably agree that statement is not evidence which we can consider in making our decision. ~v~. LARK: The only thing I was pointing out that the majority of the camps~you have listed there have a good deal of a buffer zone around them. This parcel does not have a buffer s~ound it. It is not the applicant's fault, It is felt that with transient travel there i~ is going to raise the devil with property values especially when these people subdivide. THE CF~IRM~N: Do you have any further evidence other than the statement that the o~ers of the adjacent land do not think people would buy lots adjac~t to transient trailer camp, MR. LAR~: The only thing is that most of the camps we have heard about ~onight are surrounded by a buffer zone. THE CHAIPJ,~N: I think the demand is here for this type of operation, MR. L~RK: In conjuctionwith this : to the Board's findings it is the responsibility of the applicant to show how these sections will benefit. Not, just himself, but the community at large, (A brief discussion was held on the requirements for the granting of a special exception.) MR. LARK: ~other point that I ~nted to cover , The Board of Appeals under Ar~cle VIII~ Section~801 c ~ it says the Board of Appeals shall in authorizing such permissive uses, impese such conditions and safegaurds as it may deem appropriate, necessay or desirable to preserve and ~rotect the spirit and objectives of this Ordinance~ I tried to talk to the adjacent land o~ers and said that the Board of Appeals or Town Board would most likely impose safeguards. Sou. thold Town Board of Appeals -14- November ?~ 1968 MR. LALMK~ (CON't): However, I find that the courts have interpreted this claus in the exact same language as in other zoning Ordinance, You people can not impose conditions as to the detail of the operation of the business. You can only ask questi~s like how long will the people stay, How long can you keep it open and this type of thing. The zoning Ordinance itself doesnot define the word transie~ut travel camp~ Under this section which is applied it only defines tourist camp and really that is the only thing that you can give and if you do~ he c~n use any one of the uses in there, and he can keep it open 24 hours a day, and he can keep it open 2 weeks~ or 2 months. The Town Board can not impose a restriction to the zoning, You are limited to the z~ming use~ One of the questions you asked, h~,~ this could jeapordize the adjoining property as residential~ not potato as it is This is not personal opinion~ I sm speaking for the client. They fell that even though the area.might be paved the dust problem might be limited to a degree~ you are still 9oin9 to create a noise factor. You can't help it~ people are human~ but in a small area l~_ke this: 30 - 35 families, there has to be a noise factor ~%m~kx there. I ~mnot saying it will 9° all night, but there will have to b~ a noise factor. Some of the other critera I won't dwell on specifically~ such as it is uncommonly near to a school or church. We have both in the area. ~he school is approximately t000 feet a~ay. TP~ CHAIRMAN: We have had this come up before. How close does something have to be to a church or school to be a hazard to it. Would it be !00 feet, 200 feet? ~v~.~ L~RK: I don~t kn~. THB C~a~IRS~: I don't know either. I c~uld see if it was a piece of~property~adjoining a schoo% or.church. That would be a detriment in some cases~ such as a gasoline service station~ ~ L~qK: To sum~ up, as you already pointed out for the record the Board of Health will have to dictate as to what the sewerage will be and what the water will be. One of the critera you must consider the availability of adequate s~d~proper public or private facilities for the treatment~ removal or discharge of sewage, refuse or other effluent~ Therefore, again it is up to the applicant to show that this can be.done, and that they can get Board of Health approvst. The adjacent land owners feel primarily that they would like the Board to take them into consideration in its deliberations and to look at the overall parcels of land there for the most probable development that these will take in the foreseeable future, and to consider what affect the transient camp would have on this development~ zd0..d treat the adjacent land owners fairly just as you would tre~t the applicant, Tt is felt this will be highly residential area in the not too distant future. No matter who owns the land, the adjancent land owner feel this will retard the development of this land for the Town. Southold Town Board of ;~pea!s -1S- November 7, 1968 THE CHAIRFL~N: As far as the water is concerned~ the Town of South0td bad.it,S own study made and we should take this into consideration when we make our decision. MR. L~RK: There is one other point,%Fhen the "B-2" gone was given .here~_I be!ieve at that time that it was felt. at.that time not to extend because I believe at that time Baxter wanted to extend business further on the other side to parallel the Tyler property~ and it was f~lt at that time not to extehd a b~slness use. To limit it on the north side of School House Road there. It was felt at that time that this area should be. reserved for residential. THE CHAIRMAN: Is there anyone else who wishesto speak against this ~ppli¢~tion? (There was no response.) THE CP~IR~: Anyone wish to rebut ~y of the objectiaus that have been. br0ughty~p? CLL~F T~ER, JR.: He brings up the fact that is going to be residential, so he ~spoke of a buffer zone. ~y I point out that i don~t think you can find a business any noiser than a Darage: and I don't see where they have ~de any provisions ~or this garage in the area. The garage was there before anyone~ and there was no buffer zone~ but the houses have extened easterly on School Street. I ~nted to bring out the fac~ that there is a garage there and ~f they feel that the %railer par~ will be detrimental to the residential area~ how do they feel about this garage~ Do they think people will bu~y a house with all that noise. THE CHAIR~AN: How long has ?;~. Baxter ov~ed the property? lvlR. L~qK.~ About seven years. have the d~ed. I don't really k~o%v , I don't THE CPLAIRMAN: How long has Mrs. F~rczewslci owned the property? MR. LARK: T~at has been in the family for a long ti~e. CLIFF ~LER~ JR.: They didn't object to the garage being THE CF2~I~t~N: ~hen was the garage built? CLIFF TYLER: JRt: Around 19~? or 19~8. THE CHAIR~£~N~ Was the garage built ~fter zoning? H~qARD TE~od~Y, (Building Inspector): Yes. i"4R~'-BERG~ Did Baxter own the property when the ~arage built? Southold Town Board of Appeals -16- November ?~ 1968 CLIFF TYLER~ JRt: No. ~, Baxter. bough~.the p~operty knowin9 that the garage was there. ~ ~yABE: He talks abo~t it being noisy. W~jat about house ~arties,_kid's.par%ies~ going to school and all of this. This all makes noise. ' MR,. LARK: If!l agree that garages do make noise, but what time do you~normal!yclose down, CLIFF TYLER: The biggest partof the time we are there to almost 10 or lI.o'clockat night~ I have never had my neighbors complain yet~ ~. L~a~K: That is an authorized use~ A residence in a residential section is an authorized use, It isnot aspeciat exueption. THE CHAIRMAN: The job of t~e Board of Appeals is to consider alt of the~ things ~hat have been ,brough~up here. CLIFF TYLER: Not t~o long ago, I was Painting a car in back of my shgp .... I.~t.g~t the spray gun going beautifully and then all of a sudden I couldn't see the car. This w~s because of a farmer° Ni~kx~xHe talks about my property being detrimental to his, This is vacan~ farm land with only potstoes growing~ but this is what I put up with. THE C~IRI~i~N: ~e there any other questions? CLIFF TYLER, JR: He brought up the fact that you have no limita~i..ons.~wha~.we do with the property except as fa~ as the zoning, Is there anything that you or the Town could put into writing that this could only be operated a Gertain time of the year to offset what he has broughtup~ (A brief discussion was held on the possibility of amending the present Ordinance so that the applicant would be forbidden to add tO this trailer camp~ by addition of a grocery store~ and other types of business.) ~ HULSB: The area of the propertY, would limit what you Can do. --- BILL VBP240N: I think that the Tylers are trying to show good faith.,~and .~!!~hey want to operate.is a trailer Camp, and that they don~t want ~nyting else in there. They are trying to go alon9 with any ruling that the Town Board has or can set up. CLIFF TYLER, JR. Helals0 mentiuned a buffer zone. I would like to in that amen~n~ they have there or whatever you would like to call ~t have a lB foot from each line or building, i know that houses have to be built a certain distance from the edge of~prgperty. If he pz~ooses this to be a housing development or~eside~/~ial area~ Southold To~a Boardof Appeals -17- November 7~ 1968 CLIFF TYLER, JR~,(CON"T) That.there has to be roads in there somewhere, i~aybe he has a map and we could see if there was a road proposed somewhere. If the road is running adjacent to that property or see if the houses will be built right along side of THE CHAI~: I don't think this is concerned with adjancent property. This is on your o%rn property. CLIFF TYLER, JR.: I was thinking in terms of a buffer z~ne. When we built this. garage we.planted fir trees along the ~ north sideof the property, and they are cmming up beautifully now. This would take care of the buffer zone. TP~F~ CHAI~N: Are there any other questions? (There ~asn0 response.) TI{E CHAIR~N: Anyone else wish to say anything more on this application?~ ~Anyone for or against it? (There was no response.) 0NM~tionby~r~ G illispie, seconded by ~4r. Hulse, it was RESOLVED that decision on Appeal no . 1217, Clifford & Edwina Tyler,_bep0stponed until a latter date. Vote of the Board: Ayes:- Mr. Gillispie, ~.~o Bergen, Mr~ Hu!se~ ~. James Horton, ~r. Curtis Horton, and M~. Co!~mbo appeared before the Board for an irn6ormal discussion~ The Hortons have a garage ~ zoned business at New Suffolk, Mr. Colu~bo wishes to purchase this garage and use it to store junk metal which he salvages, This type of operation ~hould be conducted in an Industrial zone according to the Building Inspector. Mr. Columbo asked for an interpretion as to whether or_not he c~uld conduct this business. The Chairman advised he would take this up with Town Counsel and further advise him. On motion by ~r, Bergen~ seconded by Mr. Hulse, ~was RESOLVED that the Southold Town Board of Appeals set 7:30 p.Mo(E,S~T).~_Upon application of Inland Homes, Inc. 4~2 ~ddle Road Selden~ New YGrk~ a/c Fred F~ttler, Village Ls3ae, Mattituck, New York, for a variancein accordance with the Z~onin9 Ordinance, Article III, Section 307, for permission to construct an addition to an existing building with insufficient side yard. :pcatopmpf~ property: Lot # 22 Village Manor, eastside of Vili~ge.Lane,.~Ma~tituck, private road e~st by Ru±ana, souzn Dy New York, bo~ude~ north by _ ~ ~ . MCBride~ west by Village Lane° Vote of the Board: Ayes:- ALL Sc~thold Town Board ~f Appeals -18- November 7~ 1968 On motion by M~r. Gillispie, seconded by ~4r. Bergen, it was RESOLVED that the Southoid To~vn Boarder Appeals set 7:45 P~M (E.$,T,)~ U~pon applicat%on of George W. Smith & Sons, Main Street, Southold, New York~ a/c J.E. Fontana, Main Street, Southold, New york, fez a variance in accordance Wi%h the Zoning Ordinance,~_ Article Iii, Section 305, ~for permission to construct an addition to exisiting building with reduced front yard setback. Location ~ property: corner of tfanny-'s Road and Chestnut Road~ Southold, ew York, bounded north by Essman and McMullen, east by Dickinson~psouth by Chestnut Road~ west by Y~ennyis Road. Vote of the Board: Ayes:- ~11 On motion by ~;~. Bergen~ seconded by Mr. Hulse, it was .Pd~SOLVED: That the Southold Town Beard of Appeals set 8:00 P.Me(B~8,T.)~ Thursday~ November 2I, 1968: at the Town Qffice, ~in Road~ Southold, New York~ as the time and place of hearing ~pon application Of Phenix Construction Co., 153t Pine Acres Bayshore, New York, ~/c Jacob Mot!ick, 120 Meadowbrook Road, Hempstead, ~ew York, for a variance .in accordance with the Zoning Ordinance, Article III~ Section 307, for permission to build new One dwe!iing.~ith reduced side yard area. Loc~i0n of property: east side Westview Drive, Mattituck, New York~ boundednorth by R. Kennedy~ east by westview Drive, south by~E. pennis, west by Mat~ituck Creek. Vot~ of the Beard: Eyes:- AL~ On motion by Mr~ Bergen, seconded by ~. Hulse, it was RESOLVED that the ~inutes of ~he Southold Town Board of Appeals dated ...Oc$o~er 11,1968~ be approved as submitted~ The meetin9was adjourned~ Respectfully submitted Barbar~ Co Dittmann, Secretary ~%i~t% ~,~ ~" ~ ~' ~: '~ ~L~ ~ ~'~ Southold To~%ul Board of Appeals