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