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HomeMy WebLinkAboutZBA-06/24/1975 Telephone 765-2660 APPEAL BOARD MEMBER Robert "*Y-/. Gillispie, Jr., ChaJrnlan Robert Bergen Charles Grigoni% Jr. Serge Doyen, Jr. Fred Huls¢, Jr. MINUTES Southold Town Board of Appeals June 24, 1975 A special meeting of the Southold Town Board of Appeals was held at 12:00 o'clock noon (E.D.S.T.), Tuesday, June 24, 1975 at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr. Also present: Sherley Katz, Long Island Traveler- Ma~tituck Watchman; Robert Rinklin, The Suffolk Weekly Times; Arthur Coffin; Mrs. James (Cynthia) Pirillo. THE CHAIRMAN: This special meeting of the Southol~Town oard of Appeals was called for the purpose of making a decision n Appeal ~. 2053, GreenPOrt Yacht CLUE, Inc., ~ New York. A public hearing was held on this appeal at (E.D,S.T.), June 12, 1975. The applicant applied for a special accordance with the Zoning , Sec ;0 B-6 for permission to maintain b~arge for privatel membership club, to be located at Sixth Street, Greenport, N. Y. Decision was reserved in Order to check on various points that were brought up at the hearing in connection with this application. THE CHAIRMAN: I will read to you what I have put together relative to this decision: Southold Town Board of Appeals -2- June 24, 1975 "The Board finds the applicant, Greenport Yacht Club, Inc., is a prospective tenant on premises to be subleased from Southold Resins Manufacturing, Inc. The total area presently leased by Southold Resins Manufacturing, Inc. consists of approximately 1.75 acres + including boat basin, as surveyed by Van Tuyl for Cappa & H~man, December 19, 1967. The west boundary line of the Village of Greenport passes through the principal building which is more or less centrally located on the premises in a north-south direction. From a point within the building the Village of Greenport line changes direction and continues in a southeasterly direction crossing the boat basin and the easterly portion Of the property con- tinuing into Peconic Bay. The Greenport Yacht Club plans to moor a barge approximately 35' x 125' with club house facilities to the westerly bulkhead of the boat basin. Part of the barge will be in Greenport and part in the Town of Southold, as sited in survey of June 20, 1975; with sewage and water connections to the Greenport systems. The proposed location of the barge is in waters covered by an underwater grant to the owners... waters which have been used commercially since before 1900. The Village of Greenport has recently rezoned the Village portion of the premises to General Commercial, a rezoning which has been upheld in a Supreme Court decision last week, and has issued the Greenport Yacht Club a building permit. Commercial fishing boats are currently using the boat basin which is partly in the Village and partly in the T~wn. So far as the Town portion of the prem~ises are concerned, this is a continuing non-conforming use. In our opinion, mooring the Greenport Yacht Club barge at the proposed location would not int.erfere with present usage of the boat basin and would con- stitute a non-conforming use of a higher character than present non-conforming uses conducted on the premises, and would cg~tinue the traditional use of the premises for waterfront commercial usage. The Board notes that part of the premises located in the Town of Southold may be used for part of the parking required by the 45 members of the Greenport Yacht Club and their guests, and that such parking would not normally coincide with parking required by employees of the Southold Resins Mfg. Co. principal tenant of the premises. ' In our opinion, the Board of Appeals would exceed its authority in requiring a Special Exception to operate a private membership Yacht Club in the special circumstances which are presented in this application; accordingly the Building Department is directed to ~ssue a building permit to the applicant, and/or a Certificate of Occupancy. The Building Permit shall include a restriction against any parking by members of the Greenport Yacht Club within 50 feet of the westerly and Southold Town Board ~of Appeals -3- June 24, 1975 southerly property lines of the Southold Resins Mfg. Co., as shown on the December 19, 1967 survey of Van Tuyl and marked in red by the Building Inspector. The building permit shall also include a provision stating that the direct source of all exterior lighting shall be shielded from the view of surround- ing residential areas." THE CHAIRMAN: That Constitutes my opinion and I have checked the points of law. Does the Board have any questions or anything they wish to add? (There was no response.) THE CHAIRMAN: We have received a letter from William E. Young, Commodore, Greenport Yacht Club, Inc. dated June 24, 1975, as follows: "At the hearing on June 17, 1975 regarding our application to allow the Greenport Yacht Club to tie its barge in the boat basin at Southold Resins, Inc., you asked us to furnish a map showing the proposed parking and the location of the Yacht Club barge. You also asked for proof that the Yacht Club will be serviced by the Village of Greenport for sewage, water and electricity. Accordingly, I am enclosing the following: (1) Map prepared by Roderick Van Tuyl on June 20, 1975. (2) Letter from James Monsell, Superintendent of Utilities dated June 23, 1975. Mr. Monsell's letter is self-explanatory. Mr. Van Tuyl's map shows.~he proposed location of the Yacht Club .barge as well as a layout'of 47 parking spaces allowing 350 square feet for each parking space. Our membership has never exceeded 45 and at the present time we have 39 active members. Mr. Howard Terry, Building Inspector, has computed that the entire property has enough, sp~ce for parking 108 cars. As you k~ow, Mr. Taggart ~aslg~ven us permission for an additional 61 spaces on other portions of his property if thiS becomes necessary. As you are probably.aware from viewing the property, this boat basin is a present non-conforming use havin~been~ed continuously as a commercial marina for tying and~ mooring of fishing boats. The proposed use by the Greenport Yacht Club will be an upgrading of this use. Contrary to what you may have heard, none of the surround- inq neighbors will be affected by the mooring of our barge~at Southold Town Board of Appeals -4- June 24, 1975 this site and I respectfully submit that the Board should grant permission to allow the Yacht Club to moor its barge at this location." THE CHAIRMAN: We have also seceived a letter from Mr. James I. Monsetl, Superintendent of Public Utilities, Village of Greenport, dated June 23, 1975~ as follows: "The Greenport Yacht Club Barge or Meeting Facility which was located at the end of Fifth Street in the Village of Greenport has been connected to the municipal sewer system since July 1967. The Barge or Meeting Facility has plans to move to the foot of Sixth Street; 1/3 of the Barge will be in the Village of Greenport and 2/3 will be in the Town of Southold. The Village Sewer Ordinance provides that all structures or users within the Village of Greenport must be connected to the municipal sewer system. The Greenport Yacht Club or Meeting Facility must connect to the Village of Greenport Sewer System and comply with all of its rules and regulations. Water from the public water supply is also available in this area. If I can be of further service, please call." THE CHAIRMAN: The parking site plan which was prepared by Van Tuyl and submitted to us does not conform with what we are suggesting, it,s a different plan and does not call for any buffering zone. I will now be glad to answer any questions. CYNTHIA PIRILLO: This morning, at 10:30 A.M., I talked to Mr. Jack Peckham of the Village office and asked what authority they~had to send you a letter that the Village had given its permission to the Yacht Club to moor a barge there. At this moment he has not got the authority. THE CHAIRMAN: We don't have a letter from Mr. Gordon. MRS. PIRILLO: I understood it was read at the last meeting. THE CHAIRMAN: We saw a copy of the Building Permit. MRS. PIRILLO: The Building Permit is illegal. Southold Town Board of Appeals -5- June 24, 1975 THE CHAIRMAN: The Building Permit is illegal? MRS. PIRILLO: Yes. A Yacht Club is only allowed in a Waterfront Commercial district, which this is not. The Planning Board at this time is going to refuse permission to the Yacht Club. Therefore, if Greenport refuses to allow the barge to be docked, how are they going to get to it? THE CHAIRMAN: Presumably, if the Planning Board wants to block this they can. We are only acting on the Southcld Town portion assuming that the information we have here is accurate. You say it is inaccurate. MR. ARTHUR COFFIN: This is still under litigation. It is still under appeal. It has not been "settled" MRS. PIRILLO: Your zoning of that property is still Residential "A"? MR. HOWARD TERRY, Building Inspector: Anything we are suggesting fits our "A" zone anywhere in Town. THE CHAIRMAN: There are two restrictions of the location of a membership club; the area covered by accessory buildings and parking. We have covered parking but it is our belief, supported by what we know of zoning, that this is a non- conforming use.., and this use of the premises would affect the Town of Southold only so far as parking is concerned. We have provided for that and have directed the Building InspectOr to maintain a buffer zone of 50 feet on the westerly and southerly boundaries. MRS. PARILLO: On the north? boundary of the Town of Southold? Should it not be the northerly MR, HOWARD TERRY: The northerly boundary?is in the Village of Greenport. What We have is westerly and southerly. THE CHAIRMAN: (referring to map) The area we are talking about is here.., these are residential areas, this is the Village of Gree~port~ this is the water° MRS. PIRILLO: In other words, he has to be parked back here.., he has to have enough room for parking in here. THE CHAIRMAN: These are the areas that are restricted. This is the underwater boundary line. This is the underwater grant. Southold Town Board of Appeals -6- June 24, 1975 MR. ARTHUR COFFIN: The underwater grant goes out 500 feet from~the high water tine and is a grant of the Cove Circle Association. This property was all purchased from the Ellsworth family and at the time the property was transferred the people asked if they could rent back the underwater grant. However, this underwater grant has always remained with the Cove Circle Association. (referring to map) Physically, the bulkheading goes down just as it's shown. THE CHAIRMAN: I assume Mr. Van Tuyl knows what he is doing. You can see on the map the way this has been drawn, and you can see that Mr. Terry has provided us with a red[~line showing the 50 foot restricted area. This is what we are working with. MR. TERRY: That restriction would apply anywhere in the Town of Southold to that type of operation. THE CHAIRMAN: What the Village proposes to do has nothing to do with our decision. My personal opinion is that the Village would be in the same position we are. MR. COFFIN: At your last hearing (you can hear it on your tapes) you made a statement that a Yacht Club could be in a Residential area. THE CHAIRMAN: That is correct. (The Chairman read from the Ordinance that membership clubs, golf clubs, tennzs clubs, yacht clubs are permitted in Residential-Agricultural areas). MR. COFFIN: Even though they have liquor licenses? MR. ROBERT BERGEN: All golf clubs have liquor licenses. THE CHAIRMAN: This ~s Residential-Agricultural as far as the Town of Southold is concerned. The Island's End Golf & Country Club is zoned Residential-Agricultural. MRS. PIRILLO: How are they going to get from here (referring to map) to there? THE CHAIRMAN: There is no question that they can obtain access. That's up to the Building Inspector in setting up the Building Permit. MRS. PIRILLO: Where is the barge going to be situated? / THE CHAIRMAN: We have a map showing it's about half in and!half out. This is the location of the barge. MRS. PIRILLO: The Vil!iage says "No" they can't be there. Therefore, they can't have one half or one third in here. So, your ~ecision doesn't apply any more? Southold Town Board of Appeals -7- June 2~, 1975 MR. COFFIN: If what Mrs. Pirillo heard last night is, in fact, true and that is that the Village says you can't put the barge in my Village, are they now allowed to move the barge forward? How can you say this position and this only so the back of the barqe is outside of the Village line which would cause it t~ jut out into open water. THE CHAIRMAN: As sited by the survey. MRS. PIRILLO: If this has to be moved then your decision no longer holds, it is no longer legally binding? MR. TERRY: If they want to submit another location, there would also have to be another application. MR. COFFIN: I think your conditions should be specific. THE CHAIRMAN: Part of the barge will be located in the Village of Greenport and part will be located in the Town of SOuthold according to the survey of June 20, 1975. Are there any other questions? MR. ROBERT RINKLIN, Suffolk Weekly Times: One of the recommendations is that there will be a 50 foot setback? THE CHAIRMAN: Yes. MRS. PIRILLO: Another requirement such as Lighting, will that be in the conditions too? THE CHAIRMAN: That will be a part of it; it's covered in our Ordinance. MR. RINKLIN: You said there were 108 parking spaces. THE CHAIRMAN: I read to you what this letter provides and that is also what Mr. Terry has computed. I believe that 108 cars will be cut in half. MR. TERRY: I don't believe there would ever be that many cars. THE CHAIRMAN: As I understand it the Yacht Club only has a few big affairs a year. To go over what has been said here, the rezoning which was approved by the Supreme Court is being appealed to the Appellate Division, and then they can go beyond that? MRS. PtRILLO: Yes. Southold Town Board of Appeals June 24, 1975 THE CHAIRMAN: As far as the Town of Southold is concerned, ~his decision covers the Town position as best we cam determine. Are there any questions from members of the Board? (The Board indicated that they were in complete agreement with the findings and suggested restrictions). After investigation and inspection the findings of the Southold Town Board of Appeals are as previously stated in paragraphs 6, 7, 8 9, which were read by the halrman The Board finds that the public convenience and welfare and justice will be served and tbs legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit ~f the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals APPROVE the application of the Greenport Yacht Club, Inc., Appeal No. 2053, and directs the Building Inspector to issue a Building Permit and/or Certificate of Occupancy to the Greenport Yacht Club, Inc., subject to the following conditions: That the Building Permit shall includea restriction against any parking by members of the Greenport Yacht Club, Inc. within 50 feet of.the westerly and southerly property lines of the Southold Resins Mfg. Co. as shown on the December 19, 1967 survey prepared by Van Tuyl and marked "in red" by the Building Inspector. The location of the barge shall be as sited on map prepared for Greenport Yacht Club, dated'June 20, 1975, by Roderick Van Tuyl, P.C. That the direct source of all exterior lighting shall be shielded from the view of surrounding residential areas. 4. This approval is subject to all rules and regulations of the Southold Town Zoning Ordinance. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -9- June 24, 1975 Resp, ~tfully submitted, ~ri~ McDermott, Secretary Robert W. Giltispie, Jr., Chairm~.n