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HomeMy WebLinkAbout1000-31.-2-20- i 0 N 14EaNRY E. RAYNOR. Jr., JAMES WALL BENNETT ORLOW'aKI, Jr. GEORGE RITC-~'LATHAM. Jr. Southold, N.Y. 11971 February.iQ, 1982 TELEPHONE 765- 1938 Mr. Will~iam H. Price, Jr. 828 Front Street Greenport, New York 11944 Re: Edwards/Reiche Brothers Dear Mr. Price: The following a~tions %~re taken by the Southold Town Planning Board, Monday, February 8, 1982: RESOLVED that the Soutbold Town Planning Board approve the site plan of EdwardS/Reiche Brothers, located at East Marion. RESOLVED that the SouthOld Town Planning Board approve a set-off 196-13 on the map entitled Isaac T. Edwards, l~cated at East Marion, sub.ject ~o reo~£p~ o£ ,:he $50.00 filing fee. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secreta~l'F cc: BOard of A~peals Building D~partme:lt ATTORNEY AT LAW 828 FRONT STREET GREENPORT, N.Y. 11944 Phone (516) 477-1016 July 8, 1982 Southold Town Planning Board Main Road Southold, New York 11971 Re: Reich Brothers Automotive Service Gentlemen: I deliver herewith copies of site plan map for the subject application. Very truly yours, William H. Price, Jr. WHP:kam Enclosures ATTORNEY AT LAW 828 FRONT STB. E!~T GREEN'PORT, N.Y. 11944 llY 8 REO' May 27, 1982 Mr. George H. Fishe~ Senior Building Inspector Building Department Town of Southold Main Road Southold, New York 11971 Re: Reich Brothers Automotive Service, Inc~ Dear. Mr. Fisher: I am in receipt of yours of May 25, 1982. Please be advised as follows: Enclosed please find copy of letter from the Southold Town Planning Board dated February 10, 1982 showing that the site plan has been ,~pproved by the Southold Town Planning Board and that the Planning Board has approved a set-off pursuant to Section 106-13 of the Southold Town Code. The Planning Board of the Town of Southold was adopted pursuant to Article 16 of the Town Law of the State of New York. Article 16 of the Town Law of the State of New York contains Sections 2~0 through 284 inclusive. Section 281 of the Town Law provides: ...The town board is hereby, empowered by resolution to authorize the planning board, simultaneously with the approval of a plat or plats pursuant to this article t6'modify applicable provisions of the zoning ordinance, subject to the conditions hereinafter set forth and subject to the reasonable conditions as %~he town board may in its discretion add thereto .... Section A106-13 of the Southold Town Code and its definition of subdi,;ision in respect to set-offs provides: ...(3) Whether the lot to be set off is of such size as to conform with the pre:~ent or future development of neigh- boring lands .... Mr. George H. Fisher -2- May 27, 1982 ...3. If the planning board grants approval to set off a lot as herein- before provided, it may impose such conditions as it d~ems necessary or appropriate .... I again :~raw your attention to the Planning Board approval of February, 10, 1982 showing that there has been no conditions imposed. In respect to. the appeal for a variance which you are requesting: Based upon the foregoing, it does not appear that'a variance is aecessary. However, I draw your attention to the.fact that an application for a variance was filed with the Southold Town Cierk on July 27, 1981 under Appeal No. 2856. That application was made for the sole purpose of avoiding litigation with the building inspector's office. However, it appears that confusion reigns in perpetuity in respect to this application. I will be contacting the Town Clerk and the Zoning Board of Appeals to ascertain why no hearing was ever held. We will proceed under protest to go forward with the variance application. Once again I do not believe that same is statu- torily required. In respect to your requirement that another special exception be obtained: Again we will proceed under protest to obtain the special exception. Of course, you realize that such a special exception will entail another hearing before the Zoning Board of Appeals and a subsequent review by the Southold Town Plannin~ Board over the site plan which has already been approved. This makes absolutely no sense to me. Please let me know within ten (f0) days of the date of this letter whether or not a certificate of occupancy will be issued in the event that the applicant obtains (1) a var- iance and (2) a special exception with the attending site plan approval over the site plan which has already been approved. WHP:kam Enclosure Very truly yours, William H. Price, Jr. Supervisor William R. Pell III Councilman John J. Nickles Councilman Lawrence Murdock Linda Kowalski, Secretary, Z.B.A. Gerard P. Goe.'.%ringer, Chairman; Z.B.A. Henry E. Rayngr, Chairman, Planning Board Susan E. Long, Secretary, Planning Board Mr. Robert I. Scott Frederick J. edeschi, Esq. ATTORNEY AT LAW 828 FRONT STP-.EET GREENPORT, N.Y, 11944 Phone (51§) 477-1016 May 25, 1982 Susan E. Long, Secretary Southold Town Planning Board Main Road Southold, New York 11971 Re: Reich/EdWards- East Marion Dear Sue: Pursuant to my discussion with Mr. Raynor of this date, enclosed please find copies of minor subdivision maps of the subject parcel. It is my understanding that I have previously delivered the site plan layouts to the Planning Board. However, I have no further copies of same in my file. I believe it is understandable considering the length of time that has elapsed since the outset of this application. If you have any questions or need any further information, please do not hesitate to contact me or call Robert I. Scott at 477-0250. Very truly yours, William H. Price, Jr. WHP:kam Enclosures cc : Mr. Robert I. Scott HENRY E. RAYNOR. Jr.. Cha~rmaa JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. T O~W:.-2N OF?SOl~ Southold, N.Y. 11971 TELEPHONE 765- 1938 February 10, 1982 Mr. William H. Price, Jr. 828 Front Street Greenport, New York 11944 Re: Edwards/Reiche Brothers Dear Mr. Price: The following actions were taken by the Southold Town Planning Board, Monday, February 8, 1982: RESOLVED that the $outhold Town Planning Board approve the site plan of Edwards/Reiche Brothers, located at East Marion. RESOLVED that the Southold Town Planning Board approve a set-off 106-13 on the map entitled Isaac T. Edwards, located at East Marion, subject to receipt of the $50.00 filing fee. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Board of Appeals Building Department ATTORNEY AT IL~W 828 FRONT STREET GRF.~F. NPORT, N.Y. 11944 Phon~ (516) 477-1016 December 8, 1981 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Gentlemen: Re: Application of Reich Brothers Automotive Service, Inc. Enclosed herewith please find copy of the decision of the Zoning Board of Appeals, dated October 11, 1979, in this matter. Very truly yours, William H. Price, Jr. WHP/dg ATTORNEY AT LAW 818 FRONT STREET GREENPORT. N,¥. 11944 September 24, 1981 Mr. Henry Raynor, Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Application of Reich Brothers Automotive Service, Inc. Raynor: Enclosed herewith please find copy of Dear Mr. the decision of October 11, WHP:kam Enclosure the Zoning Board of Appeals, dated 1979, in this matter. Very truly yours, William H. Price, Jr. D HENRY E. RAYNOR..ir., Chairman JAMES WALL BENNETT ORLOWSKI, .Ir. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 September 15, 1981 Mr. William Price 828 Front Street Greenport, New York 11944 Re: Reiche/Edwards - East Marion Dear Mr. Price: At a regular meeting of the Southold Town Planning Board Monday, September 14, 1981, 7:30 p.m., the board agreed that your request for site plan approval must be preceded by approval from the Zoning Board of Appeals, on the change of zone. We request, also, that you send six maps to the Planning Board for future reference. Enclosed please find a copy of procedures that are to be used when the Zonin~ Board of Appeals and the Planning Board are involved. If you have any questions, please don't hesitate to contact this office. Yours very truly, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. TOWN OF SOU'~HOLD, NEW YOKK s ACTION OF'THE ZON~qGBOAKD OF APPEALS 9 Appe~/No. 261~ Dated September 19, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~NOFSOUTHOLD To REICH BROTHERS AUTOMOTIVE SERVICE INC. Front Street Greenport, NY 11944 (William H. Price, Jr., Esq. AppeHanf as agent) at a meeting of the Zoning Board of Appeals on October was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property XX) Reque~ for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 11, 1979, the appeal 1. SPECIAL EXCEPTION. By re~lnf~n ~ the Board it was ~termined th~ a ~ec~l exce~ion ( ) ~ granfed ( ) ~ dented p~suanf ~ Article ................... ~cfion .................... Subsect~n .................... para~a~ .................... ~ the Zoning Ordinance and the d~h~n of ~e Building I~p~r ( ) ~ rev~s~ ( ) be co~/rmedbecan~ 8:00 P.M. Upon application of Reich Brothers Automotive Service Inc., Front Street, Greenport, New York (William H..Price, Jr., Esq.), for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90 and 100-91, for permission to operate an Automo- tive Repair Shop. Location of property: Rocky Point Road, East Marion, New York; bounded north by Edwards, east by Estate of Nowell, south by Muir, west by Rocky Point Road. (SEE REVERSE.) 2. V,~P, IANCE. By resolution of the Board it was determined that (a) ~trirt application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary SEE REVERSE. (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE. (c) The variance (do~s.) (does not) observe the spirit of /he Ordinance and (would) change the character of the district because (would not) .... SEE ~EVERSE. and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisio~v~6~ing i~/sp'ecior (;) be confirmed( ) be reversed. vov~ zd~/ ~ Chairman ,~6ard of A])pea~ ) be denied and After investigation and inspection, the applicants are requesting a Special Exce~ option to purchase the subject parcel, which has be~0me merged with its northerly adjoining property because of same ownership. The application for a Special Exception is within reason. The Board agrees with the'reasoning~o~ the applicants. The Board ~inds that strict application of the Ordinance would 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 the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded byMr. Grigonis, it was RESOLVED, that REICH BROTHERS AUTOMOTIVE SERVICE INC., Front Street, Greenport, New York 11944, (William H. Price, Jr., Esq. as agent), as Lessees be GRANTED a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90 and 100-91, for permission to operate an automotive repair shop, SUBJECT to the following CONDITIONS: (a) That the applicants conform with the rules and regula- tions of the Southold Town Board of Appeals including: (1) No major repair work to be done in the open; (2) No automobiles or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open; and no parking of vehicles other than those being serviced shall be permitted; (b) That the applicants conform with the Southold Town Building Code, including but not limited to, Article VII, Sec- tion 100-70; (c) That when a conveyance is anticipated of this parcel to separate same from the northerly'adjoining parcel, approval is required from the Board of Appeals for a Special Exception as requested in the within application and from other depart- ments as is deemed necessary; (d) That when a conveyance is anticipated of this parcel to separate same from the northerly adjoining parcel, approval is required from the Southold Town Planning Board and the Board of Appeals for its subdivision and other procedures as may become necessary. Location of property: Rocky Point Road, East Marion, New York; bounded north by Edwards, east by Estate of Nowell, south by Muir, west by Rocky Point Road. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. SOU~HOLP TOWN BOARD OF APPEA~ -7- Octobe~ll, 1979 e~se wishing to speak for it? Is there anybody wishing to speak against this application? NO RESPONSE. I'll accept a motion from one of you MR. DOUGLASS: If not, why gentlemen okaying the setback with the provisions that they must follo~ all'the regulations set up by the Town Board. After investigation a~d inspection, the Board finds that the applicant is the owner of the subject parcel of land which appears to be mostly wetlands and requiring the application to request the frontyard setback of 35 feet. Applicant has submitted all approvals for a Wetlands Permit from the Town of Southold and the New York State Department of Environmental Conservation. The Board agrees with the r~asoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the ~ardship ~reated is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt .Boulevard,'Oakdale, New York, be GRANTED a Varianc~ to the Zoning )rdinance, Article III, Section 100-3-~or permission to construct dwelling with insufficient frontyard setback, SUBJECT to the follow- ing CONDITIONS: (1) Suffolk County Planning Commission approval. (2) Compliance with the conditions as set forth in ~e Town of Southold Wetlands Permit #27 dated September 11, 1979. (3) Compliance with the conditions as set forth in the New York State Department of Environmental Conservation Tidal Wetlands Permit No. TW 15276-0186 A. Location of property: Corey Creek Lane, Southold, New York; bounded north by Corey Creek Lane, south by Corey Creek,west by HammersChlag, east by Corey Creek Lane. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. PUBLIC HEARING. Appeal No. 2611. Upon application of Reich Brothers Automotive Service, Inc., Front Street, Greenport, New ~ork (William H. Price, Jr., Esq.) for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90 and 100-91 for per- missi~ to operate an Aut6motive Repair Shop. Location of property: Rocky Point Road, East Marion, New York; bounded north by Edwards, by Estate of Nowell, south by Muir, west by Rocky Point Road. east The Acting Chairman opened the hearing at 8:23 P.M. by reading the application for a Special Exception to the Zoning Ordinance, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifi- cation has been made to the adjoining property owners as follows: Isaac T. Edwards, Estate of G.S. Nowell, and Aquilo D. Muir; fee paid $15.00. MR. DOUGLASS: I have a copy of the section of the County Tax Map showing it and the surrounding area. I have a letter here to the Zoning Board of Appeals from Isaac T. Edwards, owner of the subject property, giving consent for the subject application. Mr. Douglass read Mr. Edwards' letter dated September 22, 1979. MR. DOUGLASS: application? Is there anyone who wishes to speak for this WILLIAM PRICE, JR.: I'm an attorney at Greenport and repre- sent Reich Brothers Automotive Service Inc. I would like to present to you the return receipts for the mailing of the Notice for your file. We are here requesting this evening a Special Ex- ception which is required here because all permitted uses within the C-1 GeHeral Industrial District would require same. In the C-1 General Industrial District, it states that the premises may be used for any lawful purpose except that no building and/or premises shall be used for a dwelling, boarding and tourist home,' motel, hotel, or tourist camp purposes. In other words we can't use it for a residence, in the nature of a residence, but we can under the Zoning Ordinance use it for any commercial enterprise. This is your broadest based zoning designation. The decision this Board must make must be basic on the normal principles of zoning that the health, safety, morales and the general welfare of the community would be served as opposed to merely the unnecessary hardship or practical difficulty standards. As you know, Town of Southold from the Hamlet of Southold going east we have lost no fewer than four service stations in recent years. As opposed %o merely limiting our supply of gasoline, it has also limited the supply to the Town of Southold. of enterprises which can do repair work for automobiles. There is a need in the com- munity for additional repair-shop operation. My clients operate the Amoco Service Station in the Village of Greenport. They have no plan to close that Station but merely would like to expand their operations. The area at which they are located now cannot take on any more work than what they have. If they move to a new location, an additional location, they will be able to ser- vice the needs of the community better by providing more repair services to automotive vehicles throughout the community. These two gentlemen here are the Reich Brothers; they are the owners of the corporation which I represent. They understand %hat they will have to go before the Planning Board if they obtain a favorable decision from this Board. Now, just for the record I would like to ask Mr. Norman R. Reich if he will just'step~up here for a moment. ~?w,.when and if yo? are granted this Special Exception would you be ill~ng Lo comply with all of the requirements as stated in the Zon- ing Ordinance and those conditions imposed upon you by the Boards of the Town of Southold. MR. REICH: Yes. ~ MR. PRICE: You understand that this may entail the screening of the area by substantial screen being anywhere from three to eight feet in height? MR. REICH: (Nodded yes.) MR. PRICE: You will take care to protect the welfare of the surrounding ar~ and take whatever steps necessary to protect the safety of the people in that area? MR. REICH: Yes. MR. PRICE: Thank you for your time. This is all I have to say. We are open to questions. MR. DOUGLASS: Thank you. Before I go on, is there anybody in the audience wishing to speak against this application? (THERE WAS NO RESPONSE.) MR. DOUGLASS: It is stated that the applicant desires the per- mission to use the below described property for an automotive repair shop, then it goes on, that they needed to take possession, of it. Now, when you state "taking possession," are you talking purchasing or leasing? MR. PRICE: Both. MR. DOUGLASS: This brings up a problem. On leasing-- MR. PRICE: Mr. Chairman, if I may? MR. DOUGLASS: Yes. MR. PRICE: The lease agreement between the applicant and the ~urrent owner contains an option to purchase. It contains terms of ~he purchase. There are certain tax reasons agreed upon by the ~pplicant and the owner as to when the actual taking of title will ~ccur. We are before this Board not merely as a prospective lessee ,f the property, but in addition to that we are before the Board as :ontract vendees, with vested rights to purchase this property. I ~an assure the Board that the lease, thus far as negotiated, con- -ains a provision to have my client to be in possession for a term ~f not less than five years. However, in that lease there is also provision for my client to purchase this. Asyou can see from ~xamining my Clients, they are young men and they, as all young men, · have difficulties in obtaining ~in~hcing. The owner has ~n kind enough to be flexible with his offer of sale so that my clients would be able to take possession of the premises so long as they obtained the necessary approvals from two different ~oards within the Town of Southold. MR. DOUGLASS: Yes. But the difference between their taking possession under a lease and their taking possession as a purchase brings up alot more area of ground in this subdivision of this land, this and~the tank farm. MR. PRICE: We are not requesting a subdivision, Mr. Chairman. MR. DOUGLASS: This doesn't include the tank farm then. MR. PRICE: This particular lot is already set off and is an approved single lot as it is. We are hoping to take possession of that area where it's a broom factory, I believe. It's just that particular lot. MR. DOUGLASS: Well you say it is a separate lot. Now-- MR~ PRICE: So.did the Assessors' Office where I got all my information. MR. DOUGLASS: Is it under separate ownership? MR. PRICE: I don't know. I know that one of the adjoining lots title now i~ in Mr. Edwards and I know that the lot that we are requesting the-Special Exception for is also in the name of Mr. Edwards and I am sure that those standards which would apply to the service-station operation would be imposed by the Planning Board when we were before them and if we could not meet those standards, then in that event I would be again before this Board asking for a variance. At this time I'm not asking for a variance. MR. DOUGLASS: No, but if those two parcels.are under one ownership, they are going to have to come before a Board to be subdivided. And there are standards of amounts of ground for a C-1 District that have to be met. MR. PRICE: ~esl MR. DOUGLASS: And this is what we don't have in here. And . this is what we couldn't determine whether it was a purchase or whether it was a lease. And where it involves a purchase-- MR. PRICE: It's a possible purchase. They ]lave an option. It's not necessarily, going to be a purchase. It's not necessarily going to be a lease. But before we can ascertain whether or not we can enter into possession pursuant to this lease option agree- ment, we have to ascertain from the Town whether or not this particular use of a repair shop would be permitted under the Town law. That's what we are here to do. We cannot come before you before we go to the Planning Board and ask for a variance before C 0 )2 SOUTHOLD TOWN BOARD OF APPEALS ~11- October ££, £=;~ w~ sub'it plans to the Building Inspector to have him dehy those plans. MR. DOUGLASS: The Planning Board does not give variances. MR. PRICE: That's right. We have to go before the Planning Board as say, "Do we have to comply with all of these standards. Which standards must be com~ied with?"And they will say, "You must co~ply with this standards, possibly you meet this standard. These are the different things your application falls short on." Then in that event if we fall short, then I would have to come back before this Board and ask for possibly an area variance, maybe this is just hypothetical now, maybe a variance for the size of the road, maybe a variance to install a fence higher than eight feet for screening purposes. It depends on what the Planning Board asks us-f~r. MR. DO~LASS: The Planning Board does not ask you for that. MR. PRICE: They can. MR. DOUGLASS: We have to. MR. PRICE: We don't even-- MR. DOUGLASS: -Then it just goes to them for site plan approval. x MR. PRICE: That's right. It's my understanding that Special ceptions are granted subject to Planning Board approval. If I cannot obtain Planning Board approval because of the deficiency in my application for site plan, then I would be referred back to this Board. MR. TUTHILL: I don't see how you can represent yourself as contract vendees; you have no contract. MR. PRICE: Well, we have a verbal commitment from Mr. Edwards. I have had numerous discussions with his attorneyr Mr. Tedeschi, and in the course of these negotiations, it was determined that we would not enter into possession until such time as we could gain approval from the various town Boards and that's what we are here to do this evening. We have the consent of the owner of record, the person who is shown in the Assessors' Office and the County Clerk's Office as the owner of this property to come before this Board. We have a co~%mitment from Mr. Edwards to sell or to lease to.us'in the event we can obtain the permission from these Boards. We would be going through substantial time, effort and possibly needless negotiations for the particular lease and the particular contract of sale in the event that the proposed commercial estab- lishment would not be permitted. .~ee MR. TUTHILL: You're a lessee with an option. where you are contract vendees. I still don't MR. PRICE: As-an option is the contract to purchase. MR. DOUGLASS: If it involves ~urchase, it is going to have to come back for a whole new set of going pver because of subdivision that land comes in. And that is not in here now. The only thing you are asking for, the only thing that we can go ahead on this thing so you know where you stand, but if this comes up for purchase, it's going to have to come back all the way back through the line again. MR. PRICE: We realize that. MR. ~OUGLASS: So it will be done on what we would grant, would be done on a lease or a rental basis, not a purchase basis. The purchase basis brings in alot more detail than there is here tonight. MR. PRICE: We will be back before this Board in the event that we cannot m~et the standards as required by your Zoning Ordinance, whether it be as purchaser. or as lessee. MR. DOUGLASS: Yes, but we will set the standards tonight if we grant it. We will set the standards of the use of it. MR. PRICE: The question before this Board is merely whether or not the proposed use as an automotive service station is in keeping with your Zoning Ordinance. We are not here presenting detailed plans. We are here just to find out whether or not a service station would be permitted. That is all we are asking for. Now we realize that we have to meet the standards of the entire Zoning Ordinance, be it an area requirement; there is an existing building so if we put an addition on it we would have to make sure that the addition would meet with setback requirements. We realize that we have'to meet with the ingress and egress standards. We realize that if we have a driveway that the driveway has to be of a certain size. We realize that we have to have certain size area for parking. But the question before this Board is merely whether or not that use at that location is acceptable. The particulars would be worked out at a later date. MR. DOUGLASS: No, they cannot. The Board if it grants it will grant it with the specifications. MR. PRICE~ Well, I've said what I have to say. MR. bOUGLASS: All right. anything in the audience? Is there anybody that wishes to say (THERE WAS NO RESPONSE.) MR. DOUGLASS: The only thing we can go on the assumption of, is that on the lease thing-it will have to come back if it's on a purchase thing anyway, after the Planning Board. And we can grant this, it's allowed in other Districts of the Town, this sort of operation, and we can grant it by Special Exception because it is allowed. Hearing no objections from anybody, I will make a motion that it be granted for use that they desire to lease it for, with the following things that they will have to comply with. And this is for public garages and also covers gasoline stations, new and used car lots and all VII, Section 100-70B) subject th~ foll~Wihg requirements: (Article (a) Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 30 feet and shall be located not less than 10 feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b~ Vehicle lifts a~d pits, dismantled automobiles and all parts or supplies shall be located within the building. (c) Ail service or repair of motor vehicles other servicing as change of tires or sale of gasoline or oil, ducted within the building. than such minor shall be con-. (d) Th9 storage of gasoline or flammable oils in bulk shall be located fully underground and not less than 35 feet from any property line other than the street line. (e) No gasoline or fuel pumps or tanks Shall be located 'less than 15 feet from any street or property line. (f) No motor vehicles sales, used car lots, gasoline service, or repair shops or similar businesses are to be located within 300 feet of a church, public school, library, hospital, orphanage or any of those. So you are all right on that. Then we have, we just stated no major repair work to be done out in the open, about all the fuels and ')ubstances and so on shall be 15 feet from road and so on, or no auto- ~obiles, or automotive parts dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted other than the owner's own car. Signs to be erected in accord with the sign ordinances, legally advertised for public hearing and so on; said signs shall be at least five feet from all property lines. MR. DOUGLASS (continued): With these restrictions on it, I'll make a motion that it be granted for the use under the lease provisions and if they come up for sale they will have to come back for the other. After investigation and inspection, the Board finds that the applicants are requesting a Special Exception as lessees with an option to purchase the subject parcel, which has become merged with its northerly adjoining property because of same ownership. The application for a Special Exception is within reason. The Board agrees with the reasoning of the applicants. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all the properties alike in the immediate vicinity of the property and in the same use dis- trict; and the Special Exception will not change the character of the neighborhood and will observe the spirit of the Ordinance. ~ On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was SOUTHOLD TOWN BOARD'OF APPEALS ~£4- oc=oDer~-~, x~,~ RESOLVED, that REICH BROTHERS AUTOMOTIVE SERVICE INC.', Front Street, Greenport, New York 11944 (wilLiam H. Price, Jr., Esq. as agent), as Lessees be GRANTED a Special Exception to the Zoning ordi- nance, Article IX, Sections 100-90 and 100-91 for permission to operate an automotive repair shop, SUBJECT to the following CONDI- TIONS: (a) That the applicants conform with the rules and regulations of the So~thold Town Board of Appeals including (1) No major repair work to be done in the ()pen; (2) No automobiles or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open; and no parking of vehicles other than those being serviced shall be permitted; (b) Tha~ the applicants conform with the Southold Town Building Code, including but not limited to, Article VII, Section 100-70; (c) That when a conveyance is anticipated of this parcel to separate same from the northerly adjoining parcel, approval ks rem quired from the Board of Appeals for a Special Exception as requested in the within application and from other departments as is deemed necessary; (d) That when a conveyance is anticipated of this parcel to separate same from the northerly adjoining parcel, approval is required from the Southold Town Planning Board and the Board of Appeals for its subdivision and other procedures as-may become necessary. Location Of property: Rocky Point Road, East Marion, New York; bounded north by Edwards, east by Estate of Nowell, south by Muir, west by Rocky Point Road. Vote of the Board: Ayes: and.Doyen. Messrs. Douglass, Grigonis, Tuthill PUBLIC HEARING: Appeal No. 2627. Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York 11971 (George C. Stankevich, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insuf- ficient front and rear-yard setbacks, and New York Town Law Section 280A for approval of access. Location of property: Private Road, Southold, New York; bounded north by Davis, south by Wendell, west by Hart, east by Goose Creek Lane Association. The Acting Chairman opened the hearing at 8:58 P.M. by reading the applications for variances, legal notice of hearing and affi- davits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector and letter from the Town.Clerk that notification has been made to the adjoining property owners as follows: Mr. and Mrs. Eugene I. Hart, The premises are located in the "C-1 General Industrial Zone" which requires a minimum area of 200,000 sq. ft. It would appear that the premises have ]~een zoned "C" Industrial use for many years; that the building on the premises has been used to conduct a laundry business; a mop business and most recently as an automobile repair facility. This board believes that because of the structure on the premises and the long history of the uses of the premises, that to deny the application would result in an unnecessary hardship to the owner of the premises. This board further believes that to protect the surrounding properties, that reasonable conditions must be imposed with respect to the use of the premises as an automobile repair ' facility. The board has visited the site and observed the condition thereof and the manner in which the applicant's business is being conducted thereon. From such observations, it is apparent to this board that ~he applicant has not complied with the conditions imposed by this board in the grant of a Special Exception under its Appeal #2611 since automobiles and dismantled vehicles are, in fact, being stored in the open on the premises. Accordingly, this board hereby grants the variances applied for subject, however, to the following conditions, to wit: 1. The following fences shall be constructed and all maintained upon the premises at all times in a good state of repair, to wit: (a) A stockade type fence four-foot in height shall be erected and maintained along the northerly boundary line of the premises commencing at the easterly line of Rocky Point Road and extending easterly to a point at the northerly corner of the present building. A six-foot high stockade fence shall continue along the northerly boundary line from the four-foot stockade fence easterly to the easterly line of the premises. (b) A six-foot cyclone fence shall be maintained along the entire east- erly boundary line of the premises. (c) A six-foot cyclone fence with a gate shall ex~end from the south- easterly corner of the building southerly to the southerly boundary line of the premises. 2. No vehicles shall be stored at any time in the front of the building, or outside of thc fenced-in areas. 3. Thc ~(~nced-i n area to the south and east of the building is the only area permitted to be utilized for storage of vehicles. 4. The grant of this variance shah not become effective until all vehicles licensed or uniicensed and all parts of vehicles have been located as hereinbefore provided and such location certified by the Building Inspector and further that the area of the premises has been cleaned ul~ to the satisfaction of the Building Inspector. 5. In compliance with the previous decision (Appeal No. 2611) granted October 11, 1979, of this board, Special Exception application ~nd ~ mu~ be m~d~ for the current use of the premises. L./N~'