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HomeMy WebLinkAboutOverton, Jonathan T. SOUTHOLD TOWN ORDINANCE ~ROVIDING FOR THE RF~GUL %TION OF TOUR.I~T,.. HOUSE TRAILERS, ORSIMIL~R ESTY~BLISHMENTS ~ERMIT NO, , THIS IS TO CERTIFY THaT ~URSUANT TO THE oROVISIONS OF THE ;BOVE. MENTIONED ORDINANCE, Jonathan .~. Overton IX HEREBY ,~UTHORI?ED ~ND PERMITTFD TO ~-STABLISH, MAINTAIN, ;ND OPERATE ~ Trailer Court Terry Lanej Southold, as shown on a.mended application, subiect to all o£ the provisions of the $outhold Town Zonin_e Ordinanc9 FROM THE D;TE HEREOF ~)[~~xkgxxxofUNLESS THIS '~ERMIT IS SOONER REVOKED BY THE TOWN BO~.RD OF THE TOWN OF SOUTHOLD. Dated: June !7 19 58 %t Greenport, New York. TOWN OF ~OUTHOLD, N.Y. 12 APPLICATION OF JONATHAN T. OVERTON SUPERVISOR KLIPP: Now, we have the application for a permit for the operation of a trailer court. I will read you the notice: LEGAL NOTICE NOTICE OF HEARING Pursuant to Section 20 of the Southold Town Ordinance providing for the regulation of tourist camps, house trailer camps, house trailers or similar establishments, a public hearing will be held by the Southold Town Board at the office of the Supervisor, 16 South Street, Greenport, New York, in said town on May 28th, 1958 at 7:30 o'clock P.M. (E.D.S.T.) of said day upon the application of Jonathan T. Overton for the establisb~ment and operation of a trailer court on property located at Southold, New York, generally bounded and des- cribed as follows: North by Terry Lane; East by Overton; South by Town Harbor, and West by Overton. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: May 7th, 1958. By Order of the Southold Town Board Ralph P. Booth, Town Clerk. SUPERVISOR KLIPP: I will read you the application: 13 Application for Permit Southold Town Ordinance providing for the tourist camps, house trailer camps, house establishments. regulation of trailers, or similar Name of Owner: Jonathan T. 0verton. Address of Owner: c/o J. T. Overton, Daniel Overton, Terry 0verton, Main Rd., Southold, N.Y. Name of person to be entrusted with direct management Jonathan T. 0verton. Location of property: Terry Lane, Southold, N. Y. LEGAL DESCRIPTION: North by Terry Lane East by Overton South by Town Harbor West by 0verton (Park District, lessee) Plan of camp: Attached Additional Information: Proposed planting: Privet hedge approximately ~ feet high at planting. This is signed by Jonathan T. Overton. To the Town Board of the Town of Southold Office of the Supervisor 16 South Street Greenport, N. Y. Gentlemen: Application is hereby made by the undersigned for a permit to establish and operate a trailer court and in connection therewith the following information is submitted: Southold, May 6, 1958. 14 SUPERVISOR KLIPP: There is a plan of the proposed camp attached hereto and the layout of the camp, and the additional information, and attached thereto is a Health Department permit for the trailer and signed by Dr. Rafle, Commissioner of Health. Now, at this time is there any person who wishes to be heard in opposit~n to the granting of the permit? EDWARD T. COSTELLO, ESQ., (Appearing for the applicant): May I make one statement for the record: the notice that you read, and the application submitted, used the expression "Establish and operate a trailer court." I would like to have the record clear at this time that what we are applying for is to maintain and operate a trailer court. It has been established and in operation for in excess of fifteen years. I Just thought that issue should be cleared up before we started. We are not trying to establish one. Thank you. SUPERVISOR KLIPP: Is there any person who wishes to be heard in opposition to? ESTHER MULLEN (Southold, N. Y.): I live directly across the street from this trailer property and in our Town Ordinance isn't there a section that you should have such planting not less read 2 ft., Mr. Klipp? SUPERVISOR KLIPP: than 5 ft. high? Didn't you Just Yes, that is in the application. That says the proposed planting of a privet of approximately 2 ft. high. MRS. MULLEN: In your ordinance it says 5 ft. SUPERVISOR KLIPP: I am not disagreeing with you. MRS. MULLEN: I Just want to point that out to you. I also want to know if he can operate before all of the requirements are met. SUPERVISOR KLIPP: That is the purpose of the hearing. We want to hear everybody in opposition to, to state what you have to say. We are not making a determination on each md every argument or question that is put to us at this time. MRS. MULLEN: Well, can I submit my questions? SUPERVISOR KLIPP: Surely. MRS. MULLEN: And if he cannot operate,who is responsible for having him remove the trailers that are now there at the present time up until tonight, he does not have a permit to operate, and has been called to the attention of three members of the Town Board, nothing has been done about it. Mou stated one has been there was passed May 15th. Who has ordinance that has been made? since May 5th and the ordinance the power to enforce this Does the Town Board, or is it neighbor fight neighbor? That is what I would like to have made clear. And if he does get the permit how long does he have to make these changes? Those are all the questions I t6 would like answered. And I would also like your interpretation of the word "operate." MR. ALBERTSON: That will go in the record. MRS. MULLEN: Will you answer these later for me, or when will you? SUPERVISOR KLIPP: I think that the Town Board is perfectly familiar with the provisions of the ordinance. I can tell you that it does require a planting of 5 ft. high. I can tell you that. The enforcement of it is by the Police Department; violations of that or any ordinance. MRS. ELLEN: Who has the power to enforce? Do you or do you not? Does one neighbor have to fight another one? SUPERVISOR KLIPP: You can do it any way you want to. I don't want to get into a debate of this thing at the start ora hearing. MRS. ELLEN: These are things I don't understand. SUPERVISOR KLIPP: Any Police Officer, when a misdemeanor is committed and he sees it committed can make an arrest. MRS. F~JLLEN: Well, then what has been done? This ordinance has been passed April 15th and there are two there now. That is what I call operation. SUPERVISOR KLIPP: Is there any other person who wishes to be heard in opposition to? DONALD FREDERICKS (Southold, N. Y.): I live across the street and I have been quite interested in this trailer l? camp situation for quite a time~ and so I believe you have one operating under a permit in East Marian at the present time. Am I right on that? SUPERVISOR KLIPP: That's right. MR. FREDERICKS: Well~ I have been down to this camp in East Marian and his planting or screening is less than 5 ft. high in a good many places, and it is very skimpy. It does not begin to screen off the view of the trailers from the highway, and I have a few pictures taken this afternoon, if any of the Board would care to see them~ showing how skimpy this planting is. Besides that it calls for different roadways. Section 12 calls for roadways to be 25 ft. minimum width and lighted at night. I was down there last Saturday night and there were no lights around the court in one trailer. I was down again last night the same situation. So do we have that to at all except and there was look forward to? SUPERVISOR KLIP?: Is there any other person who wishes to be heard in opposition to? R. H. TRUBENBACH (Southold, N. Y.): I live in the vicinity of the vicinity that is being discussed and it is in our Park District. As I understand it, the proposed use has been passed on by the Department of Health. What requirements does that include? SUPERVISOR KLIPP: I could not answer the question. 18 Apparently it has been inspected and the permit carries Dr. Rafle's signature. I have nothing to do with the Health Department. MR. TRUBENBACH: How can I find out? SUPERVISOR KLIPP: Dr. Rafle is the Health Commissioner. MR. TRUBENBACH: Because in the past I understand that the facilities of the Town, Founders Landing Recreatinnal Building there have been used for the convenience of the purpose of the trailer people at the taxpayers' expense in Southold, which should be borne by the petitioner. I would like to see that that was taken care of, provided for. SUPERVISOR KLIPP: Is there any other person who wishes to be heard in opposition to this. I might say at this time that I have twelve letters, all of which are in opposition to. If anyone cares to have me read them I would be glad to do it. Southold, N. Y. May 28, 1958. Norman Klipp Supervisor of Southold Town Greenport, N. Y. Dear Mr. Klipp, This letter concerns the request for a permit to rent space to trailers near Founders Landing. The Town's best interests should be the determining factor in the use of any p~operty near our Parks, and especially one of such Historic value as Founders Landing. 19 Both the residents of Southold Town and those visiting Southold Town will be better served if there is no Trailer Park in the area of Founders Landing. For this reason I would like to have the Town Board deny a permit to the Trailer Park operator. In order to compensate for this restriction, and assuming that the primary purpose of operating this Trailer Park is for revenue, I would like to express the wish that the Park District rent the land containing the Trailer Park at more than the maximum revenue the owner or owners could expect from its present use. Hoping the best interests of the Town will be served, I am Very truly yours, HELEN W. PRINCE May 19, 1958. Supervisor Klipp Greenport, N. Y. Dear Sir: This is to notify you that I am protesting the trailer camp that Mr. Overton wants to have on his property on Terry Lane. I am unable to attend the May 98th meeting, so I'm sending my vote in through the mail. It lowers property valuation and is an eyesore to a nice 2O community. I am against it. Yours truly, Mrs. Lucy Holmes, Terry Lane, Southold, N. Y. Mrs. Donald Frederick Southold, New York May 25, 1958. Re: Hearing on trailer court permit Mr. Supervisor: We own a house and for several years lived there, across the street from the property on Terry Lane that Mr. Overton wishes a permit to operate a trailer court on. Knowing that Mr. Overton never has been in the habit of doing anything to improve this property I am against this trailer court. Our house is now for sale. We have had people look at it and say "The house is fine, but the location," when they look across the street. At one time he had a construction directly across from the living room windows that looked for all the world like a backhouse. We later found out that it was a shower for the trailers. Would you care to look at such a mess across from your home? I doubt it very much, well neither do the neighbors. Furthermore if he does get this permit who is going to ~eep a check on this court to see that the regulations on the ordinance are carried out? 21 Will it too be up to the neighbors to police and press charges when violations occur? Mr. 0verton already has violated the ordinance by placing a second trailer on this property without a permit. We were told that if we didn't like it, why didn't we press charges. Sincerely, Helen Frederick P. O. Box 764 Founders Path Southold, N.Y. May 26, 1958. Mr. Norman Klipp Supervisor cf Southold Town Greenport, New York Dear Sir: It has come to my attention that there ~ a possibility of a permit being granted for a trailer camp adjacent to Founders Landing, Southold, N. Y. As the owner of property.on Founders Path, Southold, N. Y. and consequent taxpayer, I am writing this letter to voice my strong objection to a permit being granted for this purpose at this location. Last summer a camp was operated for this purpose at this same location and in my estimation it was very undesirable~ and if a permit is granted it will greatly reflect on the value of the property in the immediate vicinity and surround- ing neighborhood, as well as the whole town. We have long considered Southold a quaint and historical town and to permit a trailer camp to be operated adjacent to one of our historical landmarks will greatly cheapen and detract. It is very disheartening to take a guest down to Founders Landing, and be told as I was last year, that it looked like Coney Island, so to speak, when camp was lighted at night. If we are going to permit undesirable use of property we are going to lose what good has been brought about by the Civic Association. If, for any reason, there is no alternative but to grant a permit fo~ the use of a trailer camp at this location let us be certain that all requirements for a trailer camp are fulfilled, before the permit is granted, one of which is a FIVE FOOT GROWTH, FULLY SCREENED, around the property. This does not mean a promise to establish such a growth as this could take a matter of years. If we are going to have zoning, let us make certain that zoning is an impartial matter, and a permit is not granted for something at one location and considered highly undesirable at another location, under the same conditions. Yours very truly, Gertrude T. Searle (Mrs. Chester E. Searle) Charles F. Van Duzer & Son Southold, N.Y. May 27, 1958. Mr. Norman Klipp Supervisor Southold Town Greenport, N.Y. Dear Sir: In regard to application for a trailer camp on property of Jonathon Overton, Terry Lane, Southold, I do not believe this site is the proper place for a camp. Zoning came too late to save Terry Lane, however, it can keep it from getting worse. Very truly yours, C. F. VAN DUZER Mr. Norman Klipp Supervisor Dear Sir: I protest against granting a variance to Mr. Jonathan Overton, Southold, to rent his property at Founders Landing on Peconic Bay, Southold, to persons owning "Trailers." Truly yours Mr. & Mrs. John Byrne Maple Lane Southold, L~ N.Y. ROBERT AULD 150 Bleecker Street New York 12, N.Y. May 23, 1958. Mr. Norman Klipp Town Supervisor Southold, L.I.N.Y. Dear Sir, The writer has been informed that made for a license to open a Landing, Southold. As a property owner, as being strongly opposed to this Town Board will vote this measure Very truly yours ROBERT P. AULD application has been "Trailer Camp" at Founders' I wish you would put me on record proposal and do hope the down. M~,. Norman Klipp Town Supervisor Dear Sir: Re: Southold, N. Y. May 27, 1958 Application to establish a trailer camp at Founders Landing, Southold, No Y., at meeting on May 27th to be held at your office. As property holders on Old Shipyard Lane - Founders Landing - Southold, we hereby protest against granting a license to establish a trailer camp on Terry Lane which is now a residential area. Yours truly, CHARLES H. FIELD MAE V. FIELD Mr. Norman E. Klipp, Town of Southold. Dear Mr. Klipp: The writer would Mill Point Box 821 Southold, New York May 19, 1958 Supervisor like to be recorded as entirely opposed to the application of Mr. Jonathan T. 0verton for the establishment and operation of a trailer court on property bounded as follows: North by Terry Lane; East~ Overton; South by Town Harbor; West by Overton. A trailer court in this location would not only depress real estate values in this location but would also cheapen the entire Town of Southold. The fact that we live in one of the few remaining it parth~ularly important for all of us fine towns makes keep it fine. Very truly yours, Robert Winternitz to 26 Parsonage 204 East Main Street The Methodist Church Murray Hunter, Minister Riverhead, New York May 26, 1958 Mr. Norman Klipp, Supervisor of Southold Town, Greenport. Dear Sir: I am a taxpayer with a summer home on Old Shipyard Lane, Southold, which will be completed to become our permanent home at not too distant a date. I wish to register with you my objection t~ granting Mr. Jonathan 0verton the right to establish a permanent trailer camp on his property on Terry Lane, Southold. Obviously to grant such a right would mean lowering property values for all householders in the area. ~ I know you will want to protect our investment which represents not only money but the time we have spent in beautifying our little community. Yours very sincerely, MURRAY HUNTER Town Board of Southold, Southold, New York. Dear Sirs: On Wednesday evening, Southold, New York May ~7, 1958 May 28th, I understand that a hearing is to be held regarding the issuance of a permit to have a trailer camp adjacent to the Southold Park Com- mission land at Founder's Landing in Southold. I also have been led to believe that this is not a question of zoning, as trailers have been in this locale before, all other ordinances notwithstanding, but now a request for permission to continue. Zoning was put into effect in Southold to keep this town from becoming the commercial and residential mess that is Nassau County, and to protect our landowners from suffering land value deterioration due to objectionable businesses within neighborhoods. Trailer camps are objectionable because they cheapen--this is not my opinion but that of those in the banking field on whom the granting of mortgages rest. This alone is enough for the local citizenry to object to. If protests are not allowed or weighed in your decision today, then why a zoning ordinance in the first place? If in your final decision you find that ther is not 28 valid cause for refusing a permit may we townspeople, as we show Founder's Landing, a landmark in the history of our town to visitors~ point in pride to this trailer camp and say "Though we felt this camp to be objectionable, hasn't the town board done a find Job in enforcing regu- lations which have made this the finest camp of its sort." If this permit is issued, let me say that I hope it ter Town regulations have been met, and not before. Sincerely W. B. ALBERTSON is af- Southold Town Board 16 South Street Greenport, N. Y. Gentlemen: Southold-Peconic Civic Association, Inc Peconic, L.I., N.Y. May 28m 1958. The officers and Board of Directors of the Southold- Peconic Civic Association, acting for the membership of that Association, formally protest their granting of a permit for a trailer camp site at Founders Landing. We feel that this is not the proper site for such camp due to the fact that it is in a residential area and that it is in such close proximity to a public bathing beach. We believe that there are other sites more suitable for such a camp outside of the village and not in a residential area. The Town Trailer Camp ordinance calls for 15 feet between each trailer on plots 40 x 50 feet marked at each corner. The ordinance also states that the trailer shall be ~0 feet from the property lines separating the camp from adjoining property as well as 20 feet from street. Also there shall be 25 foot roadways well marked and well lighted at night. There shall also be an office building to register name, home addresses~ and registration number of cars and des- cription. We do not feel that the above regulations can be properly carried out in this instance. We would ask that you give careful consideration before granting any permit and if granted that the police department see that all regulations are carried out in full. We thank you for your consideration in this matter and given the requests of this for the attention you have organization in the past. Sincerely yours, HENRY LYTLE, President WALTER B. GAGEN, Corresponding Secretary 3O Norman E. Klipp, Greenport Long Island, Dear Norm: Esquire New York Law offices of Frederic P. Rich Lefferts P. Edson Main Road, Southold, New York May 19, 1958. In connection with the hearing to be held May 28th before the Town Board relating to the application for a trailer camp permit on the property at Founders Landing, I shall be unable to attend, but I thought perhaps I could take this means of presenting my views for the consideration of the Board. Merely as a matter of general principle, I believe that the operation of a trailer camp in a desirable resi- dential area may be shortsighted, not only because of the adverse effect upon the desirability of neighboring property but because it is bound, in the long run, to depreciate the marketability of the property used for the purpose. This is particularly true of shorefront property of the kind involved in the present instance. However, this matter of principle has been, in effect, already decided by the Town Board in enacting the ordinance of June 30, 1953 and, in connection with the recent amendment to this ordinance,. Under their provisions trailer camps are permitted but only on the proviso that certain specifications be met. These specifications relate not only to sanitary facilities and plot layout, but also to suitable screening of the area. While the property in question was originally excluded from the provisions of the ordinance, subsequent to the present amendment such is not the case. Since the permitted use of the property is at least semi-commercial in character and, without question, adversely affects other property owners, it would seem to me that a permit for the use of the property should be granted only on the condition that the require- ments of the ordinance are fully complied with and that the Board is without authority to grant such permit under any other conditions. In this connection, it is to be pointed out that although the property in question has not previously been sub~ec~ to the provisions of the original ordinance, this is not a case where substantial amounts have been expended in reliance on that fact, and it is no hardship to now deny such a permit unless all of the many conditions included in the ordinance for the purpose of protecting neighbors are observed, including adequate screening of the area. Sincerely, FRED RICH SUPERVISOR KLIPP: Is there any other person who wishes to be heard in opposition to? (There was no response.) SUPERVISOR KLIPP: Is there any person present who wishes to be heard in favor~of? MR. COSTELLO: Mr. Chairman and members of the Town Board, I represent Mr. Overton, and on his behalf and in favor of the application, I would like to point out that I believe the Board is performing or able to perform a ministerial function and that Mr. Overton is compelled to comply in every respect to the satisfaction of this Board with the trailer ordinance. I believe that Mr. 0verton has already complied to the satisfaction of the Board of he Health and ^ understands and I understand that he must make provision for the satisfactory plant. Now, the question has been raised that the planting is going to be only ~ ft. high, and the ordinance calls for 5 ft. The reason that was put in there, we made some inquiry and found that the most reasonably priced and most easily planted and best kept hedge was ~ to 2-1/2 ft. high and naturally will grow to 5 ft. in due course. If the Board were to insist that we plant a 5 ft. high hedge before issuing the permit we are prepared to do it. That 2 ft. idea was put in there because we thought that ~ ft. at the outset would be sufficient planted closely enough to screen well and then as it developed it could be thinned out and the screening aspects of it maintained. I would also like to point out to the Board that this is an established trailer camp and has been in there in excess of fifteen years, and it has had from time to time, three, four and five trailers. One year, in any event, there were five trailers on the property. And this has been going on year after year continuously since approximately 19B1. I have been given to understand that some objection might be raised because of a conflict with the Zoning Law. Now, as I understand it, you have a very specific section in your Trailer Camp Ordinance that indicates that in any place where there is a conflict between this ordinance and another ordinance~ the stricter construction is to be applied, should there be any conflict. My client and I understand that we are not asking for a license to violate any other are ordinance nor^we by implication asking for the reversal or overruling of any other provisions. We understand, and I have read the ordinance, and I have read it to Mr. Overton, that the stricter section of any town ordinance will apply to his section, and I respectfully request that the Board grant the application. SUPERVISOR KLIPP: Is there any other person who wishes to be heard in favor of? (There was no response.) ~4 SUPERVISOR KLIPP: Is there any other person who wishes to be heard in favor of or in opposition to? MR. FREDERICKS: Well, if I may speak again, Mr. Klipp, I looked up the definition to screening in the dictionary. My dictionary says, "To shut off from observation, or to conceal or seal." Now, I have these pictures. If I may show you, they were taken this afternoon at East Marian. You have there the planting on there and if that conceals or shuts off from view those trailers I say it is a stretch of the imagination. It is neither 5 ft. high nor thickly enough planted. SUPERVISOR KLIPP: I think what you are trying to point out is that the Town Board gave the renewal to a permit that they already had and in this case at the time there was quite some discussion about the planting. We thought in some fairness, they should have a chance to let it grow and this would appear to us from a careful investigation that it would be a more beautiful planting than possibly planting a privet hedge. It is a flowering shrub] But in any case, it takes time to grow. MR. FREDERICKS: Yes, but it is going to take too many years before they flower. If it were planted three times. S~JPERVISOR KLIPP: The Town Board gave a particular permit in this case, and that has nothing to do with this present case. I w~.ll grant you that it does not cut off 35 the view from the highway absolutely, but I have hopes. MR. FREDERICKS: I did understand from this ordinance this screening was, when it is put up it is to screen the view of the trailers to a minimum of 5 ft. high. SUPERVISOR KLIPP: That's right. MR. FREDERICKS: But it appears that a 2 ft. privet hedge is going to be many, many years before it does that. SUPERVISOR KLIPP: There is no planting there now and the Town Board fully realizes that and the Board has not made any decision on this. The privet hedge is not the only planting that can be put in there. There can be others that will hide it and screen it from view. MR. COSTELLO: Mr. 0verton understands it is up to the Board to tell him what he can do. MR. FREDERICKS: In the meantime our property is suffering while this hedge is growing. SUPERVISOR KLIPP: I might say this: I know there is quite a lot of agitation in the vicinity of Southold. There is quite some agitation that the Town Board will not pay any attention to what somebody says or does, but I want to point out to you, and I think you are the fairminded group of people, that the Town Board can only do what the statutes allow it to do. I might point out to you that prior to 1953 there were no regulations in regard to trailer camps. Now, Section 130 of the Town Law as set up by the State of New York allows the Town Board to regulate the establishment and operation of these trailer camps. In 1953 in order that we could control trailer camps that were being established without any control whatever, the Town Board adopted an ordinance. I think you can realize that when any ordinance is adopted that from time to time it can stand amending. There was considerable agitation that the ordinance was not sufficient and we tried to ~uend the ordinance to suit the wishes of the general public. That took a considerable amount of time and effort. We had made amendments that we thought were necessary. The public hear- ing was held on that. The Town Board was guided by the expressions of opinion heard at the public hearing and amended the trailer ordinance a couple of months ago. The point that I am trying to make is that the Town Board cannot by legislation rule anybody out of business. We cannot rule, and I hope you bear with me on this. I am not the attorney for the defense or plaintiff either, the Town Board cannot rule out business~ any established business. The law does not allow them to any more than we could rule out every plumbing business in the Town of Southold by action of the Town Board. The law, as I pointed out to you, does give us the right to regulate and set down the rules, and I will agree with you, those rules, when they are not complied with, are a violation of the ordinance. I might read to you an opinion of the State Comptroller in Volume X, Opinion No. 6943. Inquiry: In what way can the operation of trailer parks be curtailed by a Town? Answer: A municipality may not arbitrarily interfere with private business or forbid lawful occupations or impose unreasonable or unnecessary restrictions upon them. Since the Town Law authorizes the regulation of trailer camps by ordinance (Town Law, 130 (~l)) the operation of trailer camps and parks is a lawful occupation which may not be totally prohibited under the Police Power. I might read to you in conclusion of the inquiry, "Trailer camps may not be entirely prohibited but their operation may be regulated by Town Ordinance. In addition trailers are taxable as real property unless located in the Tax District less than sixty days or are for sale and unoccupied." That is what we have endeavored to do. In order to set up trailer camps you would have to set this up under a commercial or industrial district. Some of these trailer camps are not trailer camps. We have cottage sites. I can understand the feelings about this trailer camp, but there are other camp sites where they have camp cottages that were established way prior to the time we had any ordinance regulating the use of them. They are sort of a non-conforming use and the constitution provides for the protection of such things. I am not taking sides one way or the other. The reason why I am telling you this: I am reading this to you from the law. That can be checked. Any attorney who wishes to, or if any attorney present feels I have made a mistaken statement to you they can state it otherwise. I have no way of knowing what the Town Board will do in the w~ of determining this. I will say this: of course, we did have the ordinance; we had a public hearing and there was no objection to the ordinance, and as far as the ordinance, I think it is mandatory on the Town Board to see that it ~ complied with in every detail. MR. FREDERICKS: Does that mean those trailers can stay there without a permit? SUPERVISOR KLIPP: No~ no, I am not a lawyer. I don't know what the decision of the Town Board would be on this matter, and if it was an adverse decision so far as granting a permit it might be taken into Court. I don't I do know what the decision of the Court would be on it. know, however, that in a recent decision of Judge Baron Hill, as far as Southhampton was concerned wherein the Town Board denied the issuance of a permit wherein an ordinance had been complied with, Judge Hill directed the Town Board to issue the permit. That Just happened recently in another case. MR. FREDERICKS: Then who is responsible for having them removed until the requirements are met? 39 SUPERVISOR KLIPP: I would have to leave that up to the Town attorney. I am not a lawyer. The reason I am hesitating, I know what the answer would be on a new camp, but I don't know what the answer would be as an established business. MRS. MULLEN: But that camp did not have more than one trailer for many years, because I have lived across the street many years and for many years there was one trailer, there was no cesspool or facilities to call it a camp, and one I don't think constitutes a camp. SUPERVISOR KLIPP: No, two or more trailers constitute a camp. I Just want to make the Town Board's position clear, that what we think or what the public sentiment may be for or against, we can only do what the law allows us to do. MRS. MULLEN: I want to understand the interpretation. SUPERVISOR KLIPP: That's right,and we are not permitted under the law by legislation to rule anybody out of business, but we can make rules and regulations as defined by the State Law~ and we cannot make rules and regulations on everything. for~ and one The State defines what we can adopt an ordinance is a trailer camp, and that is what we did. Is there any other person who wishes ~ be heard in favor of? (There was no response.) SUPERVISOR KLIPP: Is there any other person who wishes 4O to be heard in opposition to or in favor of? (There was no response.) SUPERVISOR KLIPP: If not, we will close the hearing at this time for the further deliberation of the Board. APPLIC~TIO~T FOR PERMIT SOUTHOLD T~'$~ ORDI~IAiICE PROVIDING FOR TP~ REGULATION OF TOURIST CAMPS, HOUSE TRAILER CAMPS, HOUSE TRAILERS. OR SIHILAR ESTABLISHMENTS Southold. .. May .. 6, (Place) To the Town Board of the Town of Southold Office of the Supervisor 16 South Street Greenport, New York Gent lemen: 1958 I te) Ap]~tication is hereby made by the ~uderefgned for a permit to establish and operate a Trailer Court ~d in connection therewith the following information is smbmitted: Name of Owner: Jonatha.n T. Overton, Daniel Overton, Terry Overton Address of Owner:C/o J. T. Overton~ Main Rd., Southold, N. Y. Name of person to be entrusted with direct mamagementJonat.h, an T. Overton Location of property: Terry Lane, Southold, N. Y. North by Terry Lane Bast by Overton South by Town Harbor West by Overton( Park D/strict, lessee) L~GAL DESCRYPTI OIT: PLA~T OF CAi~P: AtTached ADDITIONAL II,~FO~/ATION: Proposed planting: Privet hedge approximately 2 feet high at planting. (Signet u~of Applicant) Pursuant to ~ection 2~ ~£ the South- ~ld To~n~ Ordtn~co p~ln~ for ~e ~er ~m~, ho~ tmH~s or ~r ~ the ~l~[~e ~r, 16 ~u~ S~~ N~ York, o~ation'of ~ t~ ~ on p~y ~ 1~ at ~. New Y~k, ~n~ ~r~ ~y ~r~.~; ~st by ~r- ~ ~n; ~u~ by T~ ~r and W~t ~ ~e a~ve ~t~ ~ould ap~ at ~ t t~e a~ pl~e a~e s~l~. ~ ~t~: ~y 7~, 1~. ~ ~ 0~ of the ~thold ~ ~ ~ ~ ~ ~ ~rk COUNTY OF SUFFOLK t STATE OF NEW YORK1 ss. Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for .~-~...(~.. n successively, commencing o ~he ............ /...~ ................... ............... ~....~.,~/c. z ~......~...... L.~..r~. z.~.f..c..:.~ x ~... Sworn to before me this ,...../...~? ........... day of ....... .......... ...... 1959 Mro Norman Klipp Supervisor of Southold Town Greenport, New York P. O. Box 764 Founders Path Southold. N.Y. May ~6, 1958 Dear Sir: It has come to my attention that there is a possibility of a permit being granted for a trailer camp adjacent to Fo~uders Land- lng, Southold~ N. Yo As the owner of property on Founders Path, Southold~ N. Yo and consequent taxpayer~ I am writing this letter to voice my strong objection to a permit being granted for this purpose ~ this location° Last s~mmer a camp was operated for this purpose at this same location and in my extimation it was very ~mdesirable, and if a permit is granted it will greatly reflect on the value of the property in the immediate vicinity and surrounding neighborhood, as well as the whole town. We have long considered Southold a quaint and historical town and to permit a trailer camp to be operated adjacent to one of our historical landmarks will greatly cheapen and detracto It is very disheartending to take a guest down to Founders Landing, and be told ~sd I ~a~ last year, that it looked like oney ~s~and, so to speak, when camp was lighted at nighto If we are going to Dermit Mro Norman Elipp May 26, 19~8 undesirable use of property we are going to lose what good has been brought about by the Civic Association. I~ for any reason, there is no alterna- tive but to grant a permit for the use of a trailer camp at this location let us be certain that all requirements for a trailer camp are fulfilled, before the permit is ~ranted, one of which ia a FIVE FOOT GROWTH, FULLY SCREENED, around the property° This does not mean a promise to establish such a growth aS this could take a matter of yearsoo If we are going to have zoning, let us make certain that zoning is an impartial matter, and a permit is not granted for something at one location and considered highly undesirable at another location, under the same conditions° (Mrs. Cheste~ Eo Searle) CHARL,.$ F. VAN DUZER 6, SON "The Home of Bottled Gas and Stoves" PULVER C~AS SOUTHOLD, N. Y. Tel, 5-3882 ROBERT R AULD Ma'~T 23,1958 Mr. Norman Klipp Town Supervisor Southold, N. Y. Dear Sir, The writer has been informed that application ~as been made for a license to open a "Trailer Camp" at Founders' Landing, Southold. As a property,, I wish you would put me on re- cord as being strongly opposed to this proposal and do hope the Town Board will vote this measure down. Very truly yours uld~ HILL POINT BOX 821 SOUTHOLD, NEW YORK 19, 1958 Mr. Norman E. Klipp, Supervisor Town of Soutbold. Dear Mr. Klipp~ The writer would like to be recorded as entirely opposed to the application of Mr. Jonathan T. Overton for the establishment and operation of a tra~ler court on pmoperty bounded as follows: No~h by Terry Lane; East by Overton; South by Town Harbor; West by Overton. A trailer court in this location would not only depress real estate values in this location but would also cheapen the entire Town of Southold. The fact that we live in one of the few remaining fine towns makes it particularly important for all of us to keep it fine. Very truly yours, Robert Winternitz THE METHODIST CHURCH Murray Hunter, Minister RIVERHEAD, NEW YORK May 26, 1958 PARSONAGE 2D4 EAST MAIN STREET Mr~ Noraan Klipp, Superwisor of Southold Town, Greenport, Dear Sir: I am a tax payer with a summer home on Old Shipyard Lane, Southold, which will be completed to become our permanent home at not too distant a date. I wish to register with you my objection to granting Mr. Jonathan Overton the right to establish a permanent trailer camp on h~s property on Terry Lane, Southold. Obviously to gramt such a right would mean lowering property values for all householders in the area. I know you will want to protect our investment which represents not only money but the time we have spent in beautifying our little oommunity. Yours very sincerely, Southo!d~ New York May 27, 1958 Town Board of Southold, Southold, New York. Dear Sirs: On Wednesday evening, M~y 28th, I under, stand that a hearing is to be held regarding the issuance of a permit to have a trailer camp adjacent to the Southold Park Commission land at Founder's L~ding in Southold. I also have been led to believe that this is not a question of zoning, as trailers have been in this locale before, ali. other ordinances notwithstanding, but now a request for permission to continue. Zoning was put into effect in Southold to keep this town from be- coming the commercial and residential mess that is Nassau County, and to protect our landowners from suff~ering land value deterioration due to objectionable businesses within neighborhoods. Trailer c~mps are object- ionable because they cheapen--this is not my opinion but that of those in the banking field on whom the granting of mortgages rest. This alone is enough for the local citizenry to object to. If protests are not allowed or weighed in your decision today, t~en why a zoning ordinance in the first place? If in your final decision you find that there is not valid caUse for refusing a permit may we townspeople, as we show Founder's Landing, a land- mark in the history of our town to visitors, point in pride to this trailer camp and say "Though we felt this camp to be objectionable, hasn't the town board done a fine job in enforcing regulations which have made this the finest camp of its sort°" If this permit is issued, let me say that I hope it is after Town regulations have been met, and not before° Albertson SOUTHOLD-PEI-:I-INII~. I~.lVlO ASSOI~.IATInN, IN[3. p~-onNIC~, L. I., I~. Y. May 28, 1958 Southold Town Board 16 South Street Greenport, N.Y. Gentlemen: The officers and Board of Directors of the Southold- Peconic Civic Association, acting for the membership of that Association, formally protest their granZing of a Permit for a Trailer Camp site at Founders Landing. We feel that this is not the proper site for such camp due to the fact that it is in a residential area and that it is in such close proximity to a public bathing beach. We believe that there are other sites more suitable for such a camp outsi~e of the village and not in a residential area. The Town Trailer Camp ordinance calls for 15 feet between each trailer on plots 40 x 80 feet marked at each corner. The ordinance also states that the trailer shall be 20 feet from property lines separating the camp from adjoining property as we~l as 20 feet from street. Also there shall be 28 feet roadways well marked and well lighted at night. There shall also be an office building to register name, home a~resses, and registration number of cars and description. We do not feel that the above regulations can be properly carried out in this instance. We would ask that you give careful consideration before granting any permit and if granted that the police department see that all regulations are carrie~ out in full. We thank you for your consi&eration in this matter and ~orthhe attention you have given the requests of this organization in the past. Sincerely yours, enry ,~ytle, President Walter B. Gagen, Corresponding Secretary "WHAT'S GOOD FOR SOUTHOLD-PECONIC IS GOOD FOR EACH AND EVEHYONE." FREDERIC P. RICH LEFFERT$ P. I='D$ON F~y 19, 1958 Norman E. Klipp, Esquire Greenport Long Island, New York Dear No~m: In connection with the hearing to be held May 28th before the Town Board relating to the application for a trailer camp permit on the property at Founders Landing, I shall be un- able to attend, but I thought perhaps I could take this means of presenting my views for the consideration of the Board. Merely as a matter of general principle, I believe that the operation of a trailer camp in a desirable residential area may be shortsighted, not only because of the adverse effect upon the desirability of neighboring property ~ but because it is bound, in the long run, to depreciate the marketability of the property used for the purpose. This is particularly true of shorefront property of the kind involved in the present instance. However, this matter of principle has been, in effect, already decided by the Town Board in enacting the ordinance of June 30, 1953 and, in connection with the recent amendment to this ordinance, Under their provisions trailer cat,ps are permitted but only on the proviso that certain specifications be met. These specifications relate not only to sanitary facilities and plot layout, but also to suitable screening of the area. While the property in question was originally ex- cluded from the provisions of the ordinance, subsequent to the present amendment such is not the case. Since the permitted use of the property is at least semi-commercial in character and, without question, adversely effects other property owners, it would seem to me that a permit for the use of the property should be granted only on the condition that the requirements of the or- dinance are fully complied with and that the Board is without authority to grant such perm~it under any other conditiona. In this connection, it is to be pointed out that, although the property in question has not previously been subject FREDERIC P. RICH LEFFERTS P. ED$ON - 2 - Norman E. Klipp, Esquire May 19, 1958 to the provisions of the original ordinance, this is not a case where substantial amounts have been expended in reliance on that fact, and it is no hardship to now deny such a permit unless all of the many conditions included in the ordinance for the purpose cf protecting neighbors are observed, including adequate screen- ing of the area. Sincerely, FPR kv