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Home My WebLink About1489 L...' Notle. ,.,_ -Ju tIt' ,.~. (I.S.T.), Up.. .,pl...tt.. of E4..r ...,.... l M.',. MI...,.r', >>o.a.... Ma'. ..... t..t M.r'", H.. York, for. ..r..... .. .ccor..... ..t_ t.. Zo.'.t .r.t...... .rt..t. ..t, S.ct... JO' I S..t',. SO. (_.. Or.......,. f.r p.r.',"'. t. c...tr.ct pr...t. ... f..l', ....tt., ..th ....f",'..t fr..t,.r. ..t.... ... r..r ,.r. .r... Loc.t'" of pro,.tt,I ...t~ .... of p,ln Ro... t..t ..t'.., H.. York, ......, ..rth ., M.t. ~..f, ...t 'f pr...t. ro.', ...t. " ,rl..t. r.... ...t " L. t. ..tt. .~Jt P.M. (E.S.T.). .... .",...t'.. .f Myro. & JOy ,...1., .,tn _.... ort..t. ".w Tor., for. ..r',.., .. o...r',... ..t. tho Z....O Or........ Art'e'. X, S..tt.. 1001 Co) . O.e Or....... . e~.. Or.'..... - Artlc.. l(1I. Seetle.. 120. (4). f.,. '.r.......t. ro- 'a-.t.t. ... (r..t..r..t. __1._ ~.. .... ~1.c..t'...4 for . t.,...~ of ...r Z ,..r.. Locef....f ,,.o,.rt,t ..rt. ..,. of ~... R..o, Cr...t. N.. Vor.. ,...... ..rth " ~. S.....t. ...t ,y M. S..."t. ...t. " Mol. Ro... ...t " ~. T.rr, r.t.t.. A.y ,.n.. ..,.,..., to .. Il..r. .. tIlo ...... ."I.cett. · ....1. ."..r .t th. tl.. ..f ,1... .,oc,f..4. lAUCh '...UAAY 6. It'll, IY oaOIR 0' T"I SOVTHOU TOWN 8OAAO 0' ,,"IALI . . . 'UAn ,uaLItJil eltel. JANUARY ZO, "12, AflG 'OllllfAlt!:1 '.WI e,) A".O"'ITI 0' ,uaL.CATION ,. TNl SOUTWOLU TO.. IOARD 0' A"UU. _AIM lItOAO. tOUTI4OLO. Nil YOIl. . . . Co,I.. ..tto. t. ,.. f.flow'.' .. J....ry 14, 1"21 T'. L.., '.10.' fr...I.r-_.t"t.ck ..t..... l.. Sotf.,k .."" Tl... Kilt.. l... I" ate..r' & '..r.. .rook. C.rw'. , "'oka'., Atter.',1 o'e "9.r & Mel.. Ma..I.. ~ ~ ~ ale _yro. 4 Joy "e'l. U--U!tl~\f"l_!m!!-!I,.l!l-.l!!.~l!! ..........,_.~-----_....-__. NOTICE OF HEARINGS Pursuant to section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of South- old, SulIolk County, New York, public hearings will be. held by the Zoning Board ot Appeals of the Town of SoUthold, . at the Town OlIlce, Main Road, South- old, New York, on January. 27, 1972 on the fOllowing appealE: 7:45 P. M. (EST), upon appli- cation of Hilton L Epp, Birch Road, Southold. New York,for a variance in accordance with the Zoning Ordinance, Article III, section 303, & Section 306, and Article X, section 1000A (Old Ordinance) - (New Ordinance- Article III, Section 301 & Section 304) for permission to construct prl...te one family dwelling with tnsuft'icient lot area and front yard setback. Location of property : northeast corner of Chestnut Road and Maple Road, Southold, New York, bounded north by Joseph Callahan, east by W B Stem & others. f'outh by Chest- nut Road. west by Maple Road. 8:00 P M (EST), upon appl1~ cation of Richard & Sharon Brooks, Knollwood Lane, Matti- tuck, New York, for approval of access over private right-ot-way (tor division ot lot) in accordance with the State of New York Town Law, Section 280A-(New OrdI- nance-Article III, Section 301L Location of property: south side of KnoUwood Lane, Mattituck, New York, bounded north by KnoUwood Lane, east by Aurelin T. Dwyer, south by W A Rup-: precht, weft by Clement Brown. 8:15 P. M. (EST), upon aPT,Il- cation of Edgar Winfield & Helen Hildegarde Hawkins, Main Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, section 301 & Section 304 (New Ordinance), for permission to construct private one- iamily dwelling with insufficient front.- yaM setback and rear yard area. Location of property: south side of Main Road, East 'Marion, New York, bounded north by Main Road, east by private road, south by private road, west by L. T. Van. a :30 P. M. (EST), upon appli- cation of Myon & Joy Finkle, I Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article X, I Section 1007 (d) -Old Ordinance. (New Ordinance-Article XII. I Section 1204 (d), for permission . to reinstate use (restaurant) which has been discontinued for a period of over 2 years. Locat.1on of property: north side at Main Road, Orient, New York. bounded north by ~. Schmidt, ea~t hy H. Schmidt, south bv Main Road, we~t by H. Terry Estate. Any person desiring to be . heard on the above apPlications should appear at the time and place _ specified. DATED: JANUARY 6. 1972 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-20 COUNTY OF SUFFOLK STATE OF NEW YORK } ss C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed ot 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 .....OA<CL....(/./ wee~ successively, commencing on the ...............2..6................ 'o'o'(f~d ..d 10m to before me this ........:::I./....... day of ....rfC44<t.<:......., 19./..1 / .......LL~rrp-. :.~' r ':;';.';~ ;r'/ F' '.'"h ',. ", (', .J-cl t.:,,:-,- -~:.:l, 1~l'3 ~!' ~. " - ~ F ~ I , ~ .,.. . FORM INO. 3 . TOWN OF SOUTHOLD BUlLDUlG DEPARTllEIfT TOWK CLERK'S OFFICE SOUTHOLD. K. Y. NOTICE OF DISAPPROVAL . ~(... (h 7( FIle No. ... .................... .......................................... Date ........ ......................................... ................. 19........ To~"a.G.!h!~.~$r...~..l J1 f~ VI.. ~ -;-...( .....(J......... ........J.n..................................................................... ..........~r':~:.:t.:.. .....I::::.!..~.... .................... PLEASE ~:-r~.that your application dated .......~.~....L~.................... 19..~.~. . . . . I .. R..J~.f,... . r }1Av.- ,"_ for permIt to ................... ..................... at the premIses located at ....~........ ............ . ..~.!-::.:~......(R..'r..~51......................... Street ~ 1/- y. . Map ......... ~..................... .........Block ....... ........~:....."......... .....Lot II is returned herewith and disapproved on the followinr grounds '::~::::1ii~A. .~........~..~..... .d?.~'..~..........0..:..~.....L......~.':7:':.....I...O.~ I , C .U...... .. ........................................... ..... .I!..~~~... ...~.1JI....s......f.-...f.:~,Q.~...~,).,........................ ............. .......................... ........................................................................................................................................................................... ALelA e ~~ .... ..........--........................._........- .-... ..........-.....- -...-- Building Inspector -_'_"_'~~'''',~_.__.~,e"'...,'''_~''_'''P...,,,,.,,,~~...,_~..,""""",,.m -. - -. v CORWIN AND GLICKMAN ATTORNEYS AT LAW 114 MAIN STREET GREENPORT, N. Y. 11944 TBLBPHONB 1:i16 . 477.0800 STANLEY S. CORWIN SAMUEl.. .1. GLICKMAN January 26, 1972 Board of Appeals Town of Southold Southold, New York 11971 Gentlemen: On your calendar for January 27th and scheduled for 8:30 p.m. is the application of Myron and Joy Finkle. The application is for permission to reinstate a restaurant use which was discontinued in a non-conforming area. I am unable to attend the hearing but have asked the applicant to appear in support of the request and to answer any questions you may have. I would hope the Board would take into consideration that between Porky's Restaurant and Orient Point there is no place on the Main Road where one can obtain any refreshment and there is a considerable period during the winter months when the Orient Point facility is not open. To reinstate a limited restaurant use on the applicant's premises could hardly be considered as doing any violence to either the spirit of the ordinance or to the owners' pro the vic" y, an I urge that your favorable consideration be g" en t<?i he appli tion. Stanley S. SSC:sd cc: Myron Finkle -- ^,i":",. -- ,.,,.... January 27, 1972 Zoning Board. Town or Southold Southold, L.I., New York Dear Sirs: We are against a variance being granted in the case or the present request regarding property on the main road in Orient. With the nc~bers or available business sites already in the TOvm and so zoned it would seem unreasonable to alter the zoning code for some time to come. ~ii thin the last fel-l ye ars our federal gove rnment and that of several states have enacted laws which disregard the old criteria ror land and wetlands use. The new legislation and impending bills point to a more enlightened, all-encompassing, far-seeing and,in the long run, more practical policy. Mistakes of the past are being corrected at great cost while planners are looking ahead with the one greatest consideration being survival. Tre new criterion in judging what is best is essentially this: will the result be ravorable or beneficial environmentally, and for a long time to come? Even the aesthetic effects are considered. Thdfinancial gains poss~lble for I a felf are no longer of sui'ficient w6foth;Mhen evaluating any change. Unless those who, now or at any time in the future, request a variance in the zoning laws c~n demonstrate an impro~ement will ensue ( according to the the yardsticks above) there can be no cause for further variances b~'"~ranted. Otherl-dse zoning laws are but a J1 moclcery. ~ ~ ) January 26, 1972 Southold Town Zoning Board of Appeals Southold', New yo,rk Gentlemen: In reference to HeaTing Notice published in the Suffolk Times January 20,1972 New Ordinance, Article XlI, Section 1204 d , to be held at 8: 30 pm on January 27, 1972, on apnlication of Myron and Joy Finkle for variance to re-in-state use ( restaurant ), I wish to give the following reasons to the opposition of such variance: One, according to the Master Plan adopted this past fall, the map indicates this area to be zoned Agriculture-Residential and I understand this property was given. a non-conforming use to operate as a garage or sBrvice station. This fact indicates that the Planning Board and Zoning BoaJro. felt that businesS' should not be located in thi s area. Second, as always our supply of water and disposal of waste concerns us' greatly. Water in, Orient as in Southold ToWlli as & whole is in short supply and the disposal problem is almost as great., Last but mo st important in thi s caS'6 is one of space. I feel keenly that there is a very limited amount of parking area for this business as it IIOW' stands and the addition of another' business will more than fill the area. Presently in the spring and summer' the overf~ow,of cars is already parked in front of my property. In addition, Platt Lane is perpilndicular to Rt.. 25 directly across from the business property and on many occasions it i~ a1most impossible to enter Rt.25 safely as cars parked on the shoulder block the view. For these reasons and others more in,tangible I hereby object to grant- ing this variance. Thank you. Sincerly yours" '<', ' '~/Aj~ 2t..~7~ William y~rry, Jr. """"'_~"'"'""'''''''''''''__"'r''''.w''_'~_n~ , - "'..... '""".. . '~\t --...,. ..:: .~. ",,".'~ - 'iJt\M; -1 ':....... '~"<lIlt..-.wIt~ .....:.0...:.. . h'''Ili'''''~'',,''~ , .. , . ~-:.. / ( ( , / 'tfv1JJ .~ <fV/ TOWN OF SOUTIIOI.D. NEW YORK DATE...~.t~,=,..::1a, 197:3 i\CTION OF THE ZONING 'JOARD Ol'\PPEALS Appeal No. ~79' Dated ;.;ay :)1. 197:3 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Joy l'1nkle & H1ll::l.o ;.r.._ri To :.la:Ln nOll4 Orient;. Hev York Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your Juno 2B~ 197' the appeal ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ..,. (") Request for a variance to the Zoning Ordinance ( ) , , 1. SPECIAL EXCEPTION. By resolution of the Board It was granted ( ) be denied pursuant to Article .................... Section detennlned that a special exception ( ) be Subsection .................... paragraph .................... of the Zonl~!l.. Ordlnance(a,pd thll.. d,cislon of the Bl!jldit)J[. .Iuspecto.r r< .Jb-be Filffa.. <arictbe SaW P.lI. /,;.5....1. upon app.a.:i.cat::I.OD 0 y co'1m.tr~, ~ Road. Orient;, New York, for a var:1lU1Oe 1n accort-. v:L1:h the Zcn1:1nI: OS'di.'l&DCe, ArtJ.cla v.o:. Section 101, 8Pd the DulJt: Schedu1e, ~r pUmi..s.on to opera" a ssacmd lJolf'j"... ('I'ake-outl Xle1!) on t;he _ I4'-a.e.. v:Lth a pub1::1.c ~. LocaUon of proper1lYI ncn'1:h .!odo !-lain .load, Orien-t. bounded 1'1OS"th by !1. Schrld.dtl eaeti by H. Sohc:Ldt, aout;b by !>lain llOad, 1."0.1: by a. '.l'en-y re.tate. Fee paid $1'.00. 2. VARIANCE. By- resolution of the Board ~t was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SR MVE.RSE (b) "The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because sm nEVERSE and therefore, It was further detennined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE llEV1'~E ZOmNG BOARD OF APPEALS FORM ZB4 llarjorio MalJormott;, aeoretary , ~ '\ Artor ~.timation and inspeotion the Board ~1nds ~oat app1icanl< nK(U8et;a permission to operate a second bua:1ne8e;; ('l'u_ut 11011) on 8ame prelUiaes witl1 0 pubJ.1o {;IU"aCe on the nortil 81do of Main l'load. Orian-t, }.lev York. 'Ibo f'ind:Lne;a of' tbe Board ere ~.a't the area is lIlOned Agr:Loultura1-llesidential and t;b:la pJ......~t.y wao (p.ven a nou-con1'ormiJlG use W opera'to as a earage, and. tha't perm1tt.i.nc; anothe~ bua:1.neao ill a r.on-conf'orc- Snc: bus11)4.8 oroo. would GXpIIIld tho use 01' tho proporty on an under.leed lot. The members 01' tho lIoard acroo that 3.t :Ls beyond tho acopo of' 'the lIoard of'. AppeaJ.s to c:rant this application, and t;bat tho onlY 1I01ut:1.on W tho problem would bo 1'o~ the app1icant W endeavor to have 'tho lIlO1W c!laneed ar.d to acq\dro addi. tionaJ. ~. Tbo Board finds thot strict a.pp1icatlon of' tho Onti.nancc wou1d not produCt.) J)rao'tioal ditticul:tiee 0,. uomeccsllOQ::-; ba.-dalup,- the hard8bi.p cr.eo.tod is not t::liquc and ~I]J.I' t>':J eharc{~ to)" lU~_ pox'0))6rt1ea a1~ in the i.ftIlOdi.ate Vieiro. t~. of' tl!1F !l%'Cpert). WoL :In 'the 8IIIIIe use dlstriO'tt lUId t;ho vananoe v.I.ll cllanr.~ '1:110 ciJlu'&c'ter of' the neighborhood, and v.111 no't ol>l!:.ervo the: i)pir:l t 01' the O~1.......ce. THElti!:FOm; :IT VAS llESOLVED, Joy F1nk1e and HU.lic Mesaori bo J....N1hD peS'l1l:l88ion W operato a second buainess (TDko-ou't l.leJ.i) 01. __ psem1_a v.Lt;h pub1:ic ~ on ~i1e JlOrtll a:ide oT Main Hoad, Orient, llev York, tor 'tbe_ne a1;81;ed. Voto 01" 'the Board. Ayes.- Me.ara. G:U1:1.epio, 1Jercen, Hulse, Grigon:Ls. ~ ., . ....- . ..", ~--- "~-'-',",,,,,,,,,,,-~ ...-:::.. -,~ .;; [1-1';:- (\" \)t' I" l \ ( I'. 'r I.' , T/" ., '. I ( ,', 1<' L c '/ r:.-"~ i6,.""' ,,,),, (~ TOWN OF SOUTH OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ...,... APPEAL NO. /1 f ~ DATE ./1.1:'!f:!./)..!.L7.J TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) 1p. Y..&/.((,.I,. f:.!J.':!.Q..r1!.~.~.i.i. f1.f.. ~.~f!2 iof . .t.'!8.t.~..f!. ?~l?~~....J~&t.i.t!..r;,.I'I:..t..//.<;.'P! Nome of Appellant Street and Number Municipality ............................HEREBY APPEAL TO State ............................................................................................. THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BU~hG I~PECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...........~......;,V/2.2.............. T. / WHEREBY THE BUILDING INSPECTOR DENIED TO ... /1. yP...L'.tr...~. ~;[Q. .'f..E.(.;('~.f.:ff'............ ........ Nome of Applicant for permit ........I!!.Oi.r.t../4.tw......~...... ..... .... C!/?ai.ttr.......................&..f.../!yx1... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (,.) \' 1c U/rVCADDIT11lIv"L r.Uc:-- D.~t..:'1"R~tlrJ"rS"-ol2;! 1. LOCATION OF THE PROPERTY ~l.?...i~\+,.\.Iv.:....Ii?.X>...........................................::.(?..t..~...0'r '1 Street Use District on Zoning Mop of ........i.................................................:.):,................( ~ \ \:' Iv 1: Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) (~''L<f..- JilT ...c.~ 70 I l' fwt. s: ~Li2,-,..-f..-,- 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) ,A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Art. 16 Sec. 280A Subsection 3 Lows 4. ;PRE~IOUS APPEAL A previous appeal ~~~?(has not) been mode with respect to this decision , of the Building Inspector or with respect to this pr~erty. ~. a- ~~t..e..i:.. ~ ~-zu Such appeal was ( ) request for 0 special permit ;--<-u'~ -'I...-1t.. ~ Ot..! j) ~<.. (.J(") request for a variance _ ~ and was mode in Appeal No. J/f..f9...............Dated ...,Q.f..~,.J..~.J..!JJ:?........i.~:.?..L............ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3/. .. (X) A Variance to the Zoning Ordinance ./ 0 1-/ Pi if if /7!J ^ I "(; t1 rf I! L U 5 E h ~ ( ) 1J5f. j 'If.J1~;!" our <:7jo~.c. is requested for the reason that ,J..,. J tI ~, P, 8 ''';;.5, C if IJ /12 s i.9 t€ C 19 V JIf'f if' ~ S' ,1 IV p ~(,1\t j $ V 1\. r\ ( Iv t) I N D u L f....e we. -'L We;{ rl/ 0 "'/ . i / L J L I' -t-IJ D-e~1 t~ S<2.rV-e, T\.tlt p",v(-l..c.. tl-14 w,,-tv,"\ ~~,y 1"'- Form ZBl (Continue on other side) () I:: V R of e.. 'I- r- 1 /-11) 'Y t- V (rJ L.) ... REASON FOR APPEAL. ') Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties ar unneces- sary HARDSHIP because ~ f 11 IV! f}- } I....//~V (,~ --- - ..- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate. vicinity of this praperty and in t.hiS use district because -"I H.- VL'.t: ;5 It No Ii C@,lF&J;/II;/'IG - /J ' J L t: J_ ("Jl'fiJ hI!) VVHf,-'- /5 /<.J~tt)iJ(?s'rrb hft'lZ~ f.s /l-IV j}b/J/;'~/(IJJ- U5.ff" eF' t,,( (y:iSi'lJ;0 S"fO;ZC. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE TI-;IE CHARACTER OF THE DISTRICT because :-;:-1 \I'll VI..D ;Y()f Do Vi O~E/Ve€ $"t/Irtf'i3 ifo --(Hf 5l'iRi-r Ot-rfij~ f!)/2IJ/iv'f!tVCG (j/2 Cf/l?rlc;E--'--;;t!"CfMJ!./)C'Tei3 () f;11 r j) i5: /{2,1 'c'r. , STATE OF NEW YORK ) ) ss COUNTY OF ""/I~'F"L.r<. ) ......(k'l..J~4.6:...:....!.~~~.....~~/ O. Signature 5- ./ ~_ "2. Sworn to this .................~~.................. day 01....);-..........--................................. 197",/ k.. I' '../ ..1.. ) ,/. .//.?~'tj/......:. /7. .d...-c~;................................... /' Notary Publ.ic ........ MARY O. KLOS rlOlARY PUSlIC. STATE OF NEI'I YORK .51.7306925 SUffOLK COUt/TY COrnmIS$ICn Expires March 3D, 111 .I I~-, - . .r- ( r \ South01d Town Board o~ Appea1~ -9- June 28, 1973 r \ PUBLIC HEARING: Appea1 No. ~795 - 8:00 P.M. (E.S.T.), upon app1ication o~ Joy Fink1e and N:U1ie Messeri, V.ain Road, Orient, New York, ~or a variance in accordance with the Zoning Ordinance, Artic1e VII, Section 701 and the Bulk SChedule, ~or permission to operate a second bUGineSSI~Take-out De1i) on the same premises with a pub1ic garage. Location or property: north side Main ROad, Orient, bounded north by H. Schmidt, east by H. Schmidt, south by Main Road, west by H. Terry Estate. Fee paid $15.00. The Chairman opened the hearing by reading the app1ication ~or a variance, legal notice of hoaring, affidaVits attesting to its publication in the officia1 newspapers, and notice to the applicant. THE CHAIRMAN: Is-there anyone present who wishes to speak for this app1ication? l MR. MYRON FIN"1<LE: I wouJ.d 1ilce to spoalc in behalf" ot" thia application. The last objection to our app1ication was that we do not have amp1e parking but we do. Thero is not that much traffic in the area. It behooves me to asle you why, when I got greetings and sa1utations in tho mail today on taxes on my business and a piece of property down the ~oad (the taxes we pay contribute to the township and we never know of meetings when there are tax increases), should not we be ~ble to put in a business in that four wal1a without chang-in!! the size ot" the property or doing any harm? The business has been there for .- forty years of continuous use. Somebody alse lro.G there for thirty-eight years and we toolc it over. There wo;re no trat":fic Jama in-the past and there is no rOQson why there should be one there now. We are trying to enhance our business and do something botter for ourselves. THE CHAIRMAN: Does anyone else wish to speak for this appJ.ication? (There was no response.) THE CHAIRMAN: Is thore anyone present who wishes to speak against this application? MR. WILLIAM Y. TERRY, JR.: Accordin(l;' to the Master Plan adopted by Southold Town, the map indicateG this aroa to be zoned Agric~~ure_ Residen~ial and this property w~o given a non-conforming UGe to operate as a garage or serVice station. Thio :fact indicatos ~hat the Planning Board and Zoning Board felt tr~t more business ahould not be located in this area. '- '-. In addition, one of tho mOGt important aspects in this bUGinosG already is a lack of space for parking area. It is already oxtremely limited and with another business operating on the same promises would Cause a definite hazard. Prosently, in the spring, swnmer and f'all, the overflow of carD aro already parked not only on the property but on the shoulders of the Main Road both east and vest of . . ( ~ , . '- ( SouthoJ.d Town Board oZ A;;>poa:.c -~o- June 28, J.97:3 the garage, across on the south cide of tho road and on PJ.att Lane. On many oocasions it io v-lrtuaJ.J.y ~~ossibJ.e to see when try:Lng to enter the Ma:l.n :ao~d :frolOl PJ.att L;:;.ne, a" oars parkEld on the shouJ.der bJ.ock the v$ew. (Mr. Terry read the above :f'rom a J.et'~er he sent the SouthoJ.d Town Board of Appe-us, cated June 28, J.97:3). MRS. JEAN TJ:EDICE (League of lvomen VO-l;ara) :t tlUnk there wouJ.d be an increaae in the trl:li'f'io probJ.om. The Chairman read J.etter received f'rom CharJ.es and Patrioia I{niapeJ., }min Road, Orient, eated Ju.~e 28, ~97:3, prote"ting the appJ.ication on the grounds that an additional. busineus is a downgrading of the property and couJ.d l.ead to a rash of spot zoning in this area. { '-- The Chairman read letter roceived from Ruth and Gene OJ.iva, Orient, dated June 28, 197:3, protesting tho application on the grounds that the property was eri~na..ll.y zoned AgricuJ. tural.- Residential. with one variance to operata a garage and that a second varianoe for a Take-out Deli is just too &~ch. Also, that there is not enough in tho lJaY of' p"'r~:ing fac:Uities at the garage for another business... cars and truoks are parked aJ.J. over Main Road making the visibility f'rom Platt Road very dif'ficuJ.t. The Chairman read J.etter received from Erioh Sohmidt, Orient, dated June 28, 197:3, protesting the appJ.icatiorr'on the grounds that to add another business in a ResidentinJ.-AgriouJ.turaJ. zoned area does not seem justified. The major concern as an adjoining property owner is one of very ~imited space. }~y times durin~ the course of business hours the overf'low 07: cars are parked in front of my house and on the shoul.dare 0: aJ.l adjoining property owners. This creates a hazard f'or both traf'f'ic and pedestrians. MRS. TJ:EDKEI I tlUnlc tho parlcing is def'initely a problem. :tn view of the f'act that the Oriont Ferry is putting on a third boat tomorrow, there will be increased tr~rric. . '; ~ THE CHAJ:RMANI :t might say that the Board denied on January 27th an appJ.ication for a cof'f'ee chop principaJ.ly 1"01' lack 01" spaoe, J.ack of parking. A new business starting in now wouJ.d require :30,000 sq. ft. under the,new Ordinance. THE CHAJ:R.'iAN1 Does anyone else wish to speak against th1a application? (There was no response.) THE CHAJ:RMANI Does anyone wish time f'or rebutta1? MR. FRANX NESSERII What lo.'OuJ.d the old one require? :tt was --....-J JlI>__ _ __JP.6'I__ ....'1......._ ~.. ................., A ........... ___~ A:"__ _ ~_'1.z -_..._-_..~ '-"~---''''~------~-.'- (~ r \ Southo~d Town Board oX Appeals -11- June 28, 1973 r , MR. MYRON FINKLE: The l~~t t~me we wore hore it was a question o~ tables and chairs. There would be no tab~es and chairs in this case. We do have ample parking ~aci~ities on top o~ which I don't see anything WTong with this app~ication. The business has been here f'or forty years. We would work within four wa~ls. We are not expanding. It is only throe months o~ the year that we depend on. Traffic goes down to nothing during the other nine months. THE CHAIRMAN: I think that permitt~ng nnother business in a non-co~orming business area is beyond the scope o~ this Board so I would have to vote against this c.pplication. l'le don't have the power under tho Ordinance to al~ow an increase in the type or number o~ busineocos that you have there. That's my opinion, ~eaving out all questions or taxes and seasonal business. MR. FINKLE I We bought the place to rozU<e our home for tho ~uture. We are going to be here for the root of our li~etime. We are only working for ourselvoc. This io what we have to liVe with. We do no harm, we don't block streets, and the business was there ~or going on forty years, and has done nothing harMrul then or now. We want to have this ousiness within ~our walls, within the con~ines of tho building. '-- THE CHAIRMAN I It will certainly exp~nd tho use of the property. ,The original non-conforming use cnn not be increased on an under- o sized lot. A solution would be to have tho zone changed and to aoquire additional property. .- .' MR. FINKLE: I am saying that denied. I know tho so~ution but that's another thing. I can See no reason ~or this appl~cation to be THE CHAIRMAN. Are thero any f"urther quostions? MR. FRANK MESSERII Does th~o Board pass on all bus~ness in Orient? ,. THE CHAIRMAN. It's very soldom that we have applications for business. Originally the zoning map was created in 1957 and this was not created as a buoineso zone. It was non-conformin~ business. MR. MESSERI I The business that is thore nO'ila" passed by this Board. THE CHAIR~~. This waG bG~oro the Zoning Board of Appoa~s was in existence. " MR. MESSERli It would have to be approved by someone. r (r I '-- " \", /-- f , Sou~h01d Town Board o~ Appeals -12- .June 28, ::'973 was no~ MR. CHARLES GRIGONIS, JR.: a Zoning Board. We started have to come be~ore a Board. This was done long be~ore there in 1957. Se~ore then you did A~ter investigation ~~d inspection the Board ~inds ~hat appl.icant requests permission to operate a ~econd business (Take-out Del.i) on same premises with a public garage on the north side of Main Road, Orient, New York. The findings of the Board are that the area is zoned Agricultura1-Residential. and this property was given a non-con~orming use to operate as a garage; and that permitting ano~her business in a non-con~orm- ing business area wou1d expand the use o~ tho proper~y on an undersized lot. The members o~ ~he Board agroe ~hat it is beyond the scop.. o~ ~he .Board of' Appcal.s to .;;r="C this appl.:l.cation; and tha~ ~he on1y sol.ution ~o ~he probl.em wou1d bo for the app1ican~ to endeavor ~o have ~he zone changed and to acquire adGitiona1 property. The Board finds that strict application of the Ordinance wou1d not produce practica1 difficu1ties or ~~ecessary hardship; the hardship created is not unique and wou1d be shared by a1l proper~ies alike in the immediate vicinity oI this proper~y and in ~he same use district; and ~he variance will change the character of the neighborhood, and will not observe the spirit of ~he Ordinance. , " On mo~ion by Mr. Gillispie, seconded by }~. Bergen, it was RESOLVED, Joy Finkl.e and Millie Messeri be DENIED permission to 'operate a second business (T~e-out Del.:l.) on same premises with public garage on the north side o~ }~in Road, Orient, New York, ~or the reasons stated. 1 Vote o~ the Board. Ayess- Messrs. Gill.ispie, Bergen, Hu1se, Grigonis. * * * PUBLIC HEARINGs Appeal No. 1799 - 8s30 P.M. (E.S.T.), upon appl.ication o~ George Ahl.ers ~~d Darry He11man, Cutchogue and Southold, respec~ively, for a special. exception in accordanco with the Zonin~ Ordinance, Article V, Section 500, Subsection D-l, ~or permission to erect mul.tiple dwell.ings. Location o~ propertys west side Youngs Avenue, Southol.d, bounded north by D. Charnows; east by Youngs Avenue; south by Long Is1and Railroad, Maier, Averett, Kaelin and others; and west by R. B. Grat~an, Wetkowski and others. Fee paid $15.00. The Chairman opened the hearing by reading the application ~or a special excep~ion, legal notico o~ hoaring, a~fidavits attesting to its publication in the of~icial newspapers, and notiee to the applicant.