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HomeMy WebLinkAboutZBA-05/19/1960 L T Southold Town ®ard ®fAppeals S O UTH O LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis,.Jr. Serge Doyen, Jr. MI. N "D `TES _Southold Town Board-of Appeals May 19, 1960 A. regular meeting-,of the..- Southold Town Board-of Appeals was held 7: 30 'P.M. , : Thursdayt May 19i_ 1960 at. the Town-.Clerk Office, Main .Road,. Southold. New York. There were present: Messrs. Robert W. Gillispie, Jr. , Cha. rmari, .Robert 'Bergen, Herbert Rosenberg, Charles Grigonis, Jr. , and.Serge Doyen, Jr. . Also present: Mr. Howard M. Terry, Building Inspector. PUSL IC HEARING: 7:3 0 •-P.M. , . Appeal No.. 27 3 - upon appl i- cation_.of Frank .W. Abrams, Jr. , for 4- special -exception in accordance with the 'Zoning Ordinance, Article IV, .Section .40.8', for 'permission to erect .and •maintain two (2) additional advertising signs on the, premises located on -.the .south-side.:Middle toad=and . wes.t: sid-=e. Youngs -Avenue, Southold, : New York. Fee paid $15.00. The Chairman opened the hearing ,by reading application .for a.-.special exception, legal notice of=hearing ;and affidavit attest- ing to its-.publication .in; the official newspaper. Southold Town Board-'.of Appeals- -27 May 19, 1960 THE:CgAIRMAN Is there anyone present.-who-.wishes to .speak :.for this application? MR. FRANK-W. ABRAMS, Jr. , a/c 'Southold Garden -& -Service -Center, MLddle Road and Youngs: Avenue, :Southold, New York: ...I don't .know of :anything . further than what has been •noted .right in the application. I have :a picture of-what the. sign will look _like. It ;will be a •panel sign. The E$$O' sign advertising the gas station . is there, , but there is nothing, that -.advertises the fact there are plants there=other than. the building itself. I thought .that .these 'two signs :would.'serve the purpose, one on each road_-and. it would give people an .idea of_--what. .we have there to sell. THE. CHAIRMAN: The signs'.on .the sidef.walls .are very good. They indicate -.a garden a-4 service center and also the fact the shrubs.'ar-e there. But what= you :are indicating is plants, . is that right;? MR.. ABRAMS: Yes, this :would. advertise what is available at .certain times, like fertilizer and shrubs, _and the- panels can be changed between seasons. THE CHAIRMAN: ..Is there anyone else present ,who• wishes to speak for this application? MR. TERRY: There are.<actually two bus.,inesses •being conducted -on 'those premises. THE CHAIRMAN: We can . see 'that.you dan .hardly_ use a..standard "ESSO sign to advertise plants. Is there anyone present-Oho wishes to speak against this ,application? (There was no response. ) THE• CHAIRMAN: Is there anyone present who Wishes to .a.sk -any further' questions? I understand you- are going. to mount- these signs '-on. wooden posts, one-on. each side? MR. ABRAMS: Yes, and the panels are inter-changeable. Southold Town Board of Appeals -3- May 19, 1960 Resolution was offered by Mr. Gillispie, seconded by Mr. Bergen, and carried, WHEREAS application of Frank W. Abrams, Jr. , having been considered at Public 'Hearing No. 273 on May 19, 1960, and the Board finding that" the public convenience and welfare and justice will be served .and the legally established or permitted use of neighborhood property will not be substantially �or permanently injured .and the spirit of the Ordinance will be observed, therefore be it RESOLVED that the application be granted .as applied, for, for the erection .and maintenance-of two additional advertising signs on the premises of the Southold Garden and -Service Center, south, side Middle Road and, west side Youngs Avenue, Southold, New York. Signs to be located no closer than ,five feet from any property line and subject to revocation for cause. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. 'PUBLIC HEARING: 7:45 'P.M. (E.D.S.T. ) , Appeal No. 274 ' - Upon application .of Charles Corniburt, a/c Island's End Golf .and Country Club, Inc. , for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for permission to erect and maintain an advertising sign on .the premises ' on north side Main Road ' (Route 25) , Greenport, New York, leased by applicant, ' bounded north by lands of applicant, east .by Browns Cabins, south by Main Road, and west by-W. Critchlow and- applicant. Fee paid $15. 00. The Chairman opened the hearing_ by reading application .for .a-.special -exception, legal notice of'hearing and .affidavit attesting to its publication in the -official newspaper. The Board did not require a .property. owners letter .of permission because the Golf and Country Club is the, lessee of the premises. THE CHAIRMAN: Is there anyone present-who wishes to speak , for- this application? Mg_ ARTHUR LEVINE, Greenport, New York: I wish to speak - for the, application on behalf of Mr. Corniburt who is unable to attend tonight. jSouthold Town Board of Appeals .-4- May 19, 1960 THE CHAIRMAN: ' Who is the owner of the property in question? MR. LEVINE: Floyd King and Ernest Wiggins,, both ,of. whom have taken up memberships and bought bonds. THE CHAIRMAN: This sign would actually be located on the property of Ernest.Wiggins? MR. LEVINE: No, immediately to the west of Brown's Cabins on the property. of Floyd King which .is the property on the road. I believe the property we leased from Wiggins does :not touch. the road. The reason we are so particularly anxious to put up this sign is that th-.e First National Bank .of Gr-eenport :is underwriting the cost: of the sign as being the- only permissible way the bank can help. us out. They cannot contribute or buy a bond but . they can sponsor this sign with a credit line on .it and have the bank- ing officials approval. This is going to be more of. a' sign to point out the location of the course -and solicit the membership and once the membership is established the sign will be taken down and replaced by a smaller sign. MR. BERGEN; Is this going to be a private -club? MR. LEVINE: Nominally this is to be a private club because this is the only.way we can get the project off the ground. But . since it is a .private club we are anxious to get as many members as possible. There .will be associate members$ also. THE CHAIRMAN: I note in the prospectus the tax status item wh.ich ,.says, "In the opinion of -our accountants, this 'Corporation will be exempt from Federal' Income Taxes. (We are in the process of obtaining a ruling from the Internal Revenue Service) . " Would that be on the basis that this is to be .a non-profit . organization? MR. LEVINE:: That's 'Right. (The Chairman ,discussed with .Mr. Levine the tax .status question and the sale of bonds. ) THE' CHAIRMAN: What arrangement, do you have with the owner of the property? Southold Town Board of Appeals -5- May 19, 1960 MR. LEVINE: We have a 25 year leaser plus 25 renewals, plus- an ..option to buy if. and when the owner is ready -to sell. We have first refusal at -the end of the lease. We have the right =to buy. the property at .a .fair market value. THE CHAIRMAN: How much land is involved? MR. LEVINE: 110 acres. We also have -an option or spoken agreement -for- about 40 acres more. THE. CHAIRMAN: Hoye much land belongs. to Wiggins? MR.. LEVINE: Of the 100 or 110 acres 'Wiggins owns about. 30 and King owns the remainder. THE' CHAIRMAN: Most of the land .would be north of the road, is that right? None would belong to Corniburt? MR. LEVINE: Presently none belongs to Mr. Corniburt. THE CHAIRMAN: The purpose of this club is to provide recreational facilities for the area and for guests in the area? MRa LEVINE: Yes, that is correct. Also property owners in the area and people who wish to buy-homes in. the area will probably be attracted by the club. THE' CHAIRMAN: What are the real estate taxes on the property? MR. LEVINE: The first year.-we are paying $500 to Mr. King. I don't know what the taxes are. After we get going we will pay a .-rental plus the taxes. THE CHAIRMAN: How many members are there at the present: time? MR. LEVINE: We have 51 bonds at . this time but -some of then are multiples. We actually have 40 bond holders. 100 bond hotl.ers will start the ball rolling. That. will make a pledge of- $50, 000. There will be 300 members when the club is underway. THE CHAIRMAN: Are you gbing to, build a . club. house? MR. LEVINE: -Originally we were going to have the old Fbrdham house,, but it was sold, now ue are going to use the old Prince dwelling for club facilities, offices, etc. We are then .going to Southold Town Board -of Appeals -6- May 16., 1960 build a snack bar and. locker room. The barn .in the back of the property will be for the equipment. (The Chairman- further discussed the Prospectus with .Mr. Levine with reference to the expenses of the club. There- was also discussion with reference to the operation-•of the Gardiners Bay Country Club, Inc. at .Shelter Island and the North .Fork -Country Club at -:Cutchogue. ) THE CHAIRMAN: Is there anyone else present Who wishes to speak for this application? (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: Are there any questions members of the Board would like to ,ask? MR. ROSENBERG: Is this lease in force now? MR. LEVINE: Yes. MR. ROSENBERG: Are you familiar :with the application of .a , corporation? What right .that . it gives you? Does it give you the right to have -a bar? MR. LEVINE: All of the activities that would go with a club. MR. ROSENBERG: Private club or club? MR. LEVINE: What is the. differenceZ MR. ROSENBERG-. A private -club is not operated for a gain. . MR. LEVINE: No, it will not be operated for-- a gain. We will not serve meals. MR. ROSENBERG: Will, it be open to the public? MR. LEVINE: No. . Southold Town Boar,d 'of Appeals -7- May 19, 1960 MR. ROSENBERG: Are the bond holders members -or subscribers? MR. LEVINE: There are $500. 00 bonds. At presentmost, of the bond kidders intend to become members.. They are not members _at . this time. MR. ROSENBERG: Is the. Planning ,Board fan-iliar with this operation of yours? Is the Town Board familiar with it? MR. LEVINE: Yes, I think th.e Town Board is. I don't know about- the Manning Board. MR. ROSENBERG: What do you mean when you say you think so, MR. LEVINE; Well, there has been no request from us to them to do anything ,on that score, but there has -been quite -a bit -of publicity about this. I believe they have heard of it. MR. ROSENBERG: You make the statement now that this is definitely a private club? MR. LEVINE: Yes, definitely. THE CHAIRMAN: Are there any, other :questions anyone else. would .like to ask? Mr. Levinea I am not sure you are familiar with the fact the First National Bank of Greenport has been refused an application to advertise the bank. We regard them no differently than any other advertiser. In their. application they said that they were going to put in the words "Welcome to Greenport".If We had -granted that . application it would mean- every. other bank .in the Town of -Southold . would be permitted a .sign -at :each end of' the Town and there are two Main Roads. If this sigh you -are requesting were permitted it would have to be a good deal smaller than requested for- one thing, and I think that .Sage Travel. Service would be in the same category as the First .National Bank .and they would have to be eliminated from the sign. The exact circumstances of how the Firs_t 'National Bank came to have their name on the sign does not make any difference as far as the sign is concerned. MR. LEVINE: I feel that this is a special request for an unusual special occasion. I feel the names of. Sage Travel Service Southold Town Board of Appeals -8- May 19, 1960 and the First National Bank- are necessary. People might be driving through and they will want- to know where to take up membership and the Sage Travel Service address is very necessary. As far as the bank is concerned,, I explained before the reason -.their name is going to be on there. THE CHAIRMAN: The address and telephone number of ,Sage Travel Service will be permitted, but the name must be eliminated. jThe. Chairman discussed with..Mr. Levine further reasons the First National Bank would not be allowed to have their name on the sign. ) MR. LEVINE: We feel this club- will be a great benefit. to the community. It will bring in a desirable type of transient business. We feel this will be an ecomomic uplift. We will bring. people into the area.. and the living conditions will be improved to a great degree by the money they spend. It is an improvement to the area without- overcrowding. THE CHAIRMAN: Now, in my opinion this sign would have to be much smaller to be permitted. It would have to have the words: "Sage Travel Service and"First National Bank" removed from it. If you make it :much smaller your =club maybe able to afford it theme- selves. We could not grant. the application as. applied for. MR. LEVINE: When you say smaller it will be inadequate. You will note it is to be set back 30 ft. from the highway. THE CHAIRMAN: The largest sign permitted in. a business area is 6 ft. 6 in. by 12 ft. 6 in. and it -may be placed up to 5 ft. from the property line. MR. LEVINE: Also, this sign is a temporary one to .point out to the public the location of the club. As soon as it has served .its purpose it will be taken down. It .is not. a commercial sign, it is a one-time exceptional. sign. This is.,not a .commercial, use, it is public service type of- advertising. If we -cannot.have the sigh as it is applied for. we will not be able to put it up =at .all. Resolution was offered by Mr. Gillispie, seconded by Mr. Rosenberg, and carried, WHEREAS application of'-Charles Corniburt, a/c Island's End Golf and Country Club, Inc. having been considered. at Public Hearing No. 274 on May 19, 1960 and the -Board finding that Southold Town .Board of Appeals -9- Nay 19, 1960 the public convenience and welfare and. justice will be served and the legally established or permitted use of .neighborhood property will not. be substantially or permanently injured and the spirit .of the- Ordinance will be observed, therefore be it .RESOLVED that the application .be granted for the construction and maintenance-of a temporary sign for one (1) year by the Island's End Golf and Country Club, Inc. , subject -to renewal for one additional year! no larger than 6 .ft. 6 in. by 12 ft. 6 in. . and no closer to any prope rty line than five (5) , feet -.and four .(4) feet .from the ground. The wording on the sign is approved as applied for with the exception of :the. words: "Sage Travel Service" and. "This sign compliments •of the First .-.National Bank :of Greenport, " or any. other commercial or business advertising. Vote of the Board: Ayes:- Mr. Gillis.- Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. PUBLIC HEARING: 8: 30 P.M. (E.D.-S.T. ) , . Appeal No. 275 -- Upon application of :Crabtree-O'Keefe Chevrolet, Inc. (tenant) and Fanning & -Housner (owner) , East Main Street--and 209 Fishel Avenue, (respectively) Riverhead, New York, for a special exception in accordance with -the Zoning, ordinance, Article IV, Section .400,. Subsection 9, for permission to .use premises as a public garage. Location . of..property: North.by now or formerly of. Gagen, . east .by now or formerly of Gagen, south by Middle Road(Route 27 A County) , and west .by Railroad., Avenue, Southold, New York. Fee paid $15, 00. The Chairman- opened the hearing .by reading application for a special exception, legal notice of- hearing and affidavit attesting ,. to its ,publication in the official newspaper. THE CHAIRMAN: I am sure you are all aware an application of a similar nature for the use of this property for a public garage was rejected in -May of. 1959 and it :would be impossible, without changes in the Ordinance, for this Board to grant: an application for a public garage unless there is some difference in circumstances :which isn't apparent from -the application. I am. prefacing the application with those remarks because it .might ,assist -whoever might .speak . for' Crabtree and O'Keefe. .Southold-'Town Bq_ard -of:Appeals _10- May 19, 196,0 Is there-anyone present .who wishes to speak .for ' this,'.appli- -cation? -THOMAS Mr STARK, ESQ. , 175 'Griffing,Avenue, .Riverhead, New York: I .appear.,as:.attorne'y for both' .the. applicant, - Crabtree- O'Keefe- and ',Fanning ;& Housner:who ..ar:e, respectively, the proposed tenant :and 'owner:of :these premises. I_,don't .bel,ieve it: is necessary- for me to go into .a.-detailed .description. I. know. the Board is quite familiar with the property in,connection:-with the previous application that-=has 'been .mentioned. Of .-course., , the Board is quite cogni.zant,-of the=application..,of _a year. ago which was -denied by this Board 'and are interested in the.: differences,. I. have had '.an ..oppor- tunity- to -examine the .Action :that is on . file. It :.is my understanding that the application. was to -use the premises as .a` sort_.of combined business activity. Th-e. applicarit .wanted to erect -gas pumps, do major repair. work -iriside the premises, 'body ;wrecking., auto painting and also wanted to use the. premises for: the storage .of junk -and wrecked cars. The Board, I believe, very properly pointed out . that the premises , are not..-suited at :all for-a gasoline .service station type=operation. The particular location .;ofthe main building ,that runs at :,a:..slight..angle precludes :a gasoline type , .operation. I- would 'also like to ,point-.out:that .the contemplated plans .of-'CrabtreeiO',Xeefe -as tenants of .this 'property.' is to utilize the property. solely as a sales -and-'.service for automobiles , and trucks. No, contemplated. use for -gasoline sales and ..service, nor has permission been .,requested to put'. in.-gasoline. pumps or .storage or. anything :of .a .similar nature. They have 'no intention, of utilizing .thes_e premises. 'for..'any, junk.-or -wrecked -car 'yard. -They plan ,to do� normal-'autchmobile servicing in the building ,-of the . special exception,._is ' granted. They -do not plan''to do-anybody work in the building. All. -of:that; wll still b.e. .done on their existing premises...at,.Riverhead. There is -.no -contemplated use -of the build- ing -for painting, . etc.,., that `goes. with •;a paint ing, operation. The area to the:east -.of the building which ,is shown :as vacant:area .will. be used for the- display-of vehicles and trucks, new -,and/or 'used, and also the temporary, storage of' any customer's vehicles beirig „brought down for:repair. in the shop.. ,Crabtree .and-..O'Keefer my client, is. a. .:long established :sales . and..serviee busing s in-Riverhead 'Town -and known throughout the Town-.of 'Southold. - They have felt :and .do feel that .in deferen-ce to their-customers and general public in the Town ~of- Southold which` use their.facilities ''in .Riverhead, they would like an :opportunity to operate -a .limited .agency in_Southold. 'We believe Southold Town .Board of:Appeals .: 11- May 19, 1960 this . is of :-entirely different:circumstances. than _the application before 'the Board previously. There.were •wrecked cars to be stored, general bodywork inside and outside and. painting, ..and more important.they actually. contemplated -a regula, r gasoline service station .on .the outsidelof. the building, The Board point out'.that - within ..one-half :or one- mile of the premises there were a-numbpr,of legally established. -gas -stations in-,user and this additional -.one more would. be,.against' the 'general: welfare . of the 'Town.. You ;also pbinted out in .your previous.....decision -that the ' use of .the=__premises as the previous. applicant .asked for would possibly -interfere with .the widening , of ,the. State or -County road. I would .also like to point. out-.that--.the use..'-contemplated by my client would .not, encroach -on. the boundary of., the highway. The use would be in the inside, and- outside display and.-storage of ._customer's vehicles. THE CHAIRMAN,. I. understand,' that the gas_:.stat.ion. -catty-corner had an unusually deep setback because of. the possible, widening. MR. STARK: Yes. . ., I merely mentioned that because in your previous decision that.-was one-of-:the facts. 'that: affected your decision last year. THE 'CHAIRMAN: That.:was. because..at that--time we had a number of :gas station:. applications with-in- a few weeks.. MR. STARK: I would like-to point: out that my,-client is in •.sympathy,and -accord with the Building-:Zone ordinance,, that. there should be authority- to limit garage..and gas stations. We have a situation here and have. had for many -years,, in this' particular neighborhood and on this corner.. When-.it ;was -being :operated by Fanning ,and Hous,ner there was quite .a .similar- use as is ,-applied for now. There was machin.ery. displayed on .the outside -and work done on the inside. I do not believe there was, any problem there . ,or -any objection from ,the neighborhood; which would guide the Board in this decision. With refereece to -the -gas .station-.across the street, there again to emphasize my point, my client .does not wish to- do any gas stat ion work, he intends to -go into some: working arrangement .with Mr.. Abrams- for -oil -and gas and'I believe he would have the full cooperati-on .of Mr. Abrams in this enterprise. THE'-CHAIRMAN: if -you are not --contemplating any, of :these uses why do you request permission for the operation .of:_a 'public garage? Southold Town Board -of Appeals -12- May 19, 1960 ,MR. STARK: Because .any building used for the maintenance and repair of motor vehicles cannot.be operated in the business District. Under Article I, Section 100, Subsection _11 of -the Ordinance the definition of. public -garage is very clear. THE CHAIRMAN: Mr. O'Keefe, you intend to have Oervice agency? MR. O'KEEFE: A retail sales outlet. MR. ROSENBERG: With normal repairs? MR. O'KEEFE: We have quite a few customers down here. You people have seen .our business in Riverhead and this building will be clean and neat. MR. ROSENBERG: How long a lease do you .have? MR. STARK: They have a .lease with renewal option s in it for up. to five years. MR. ROSENBERG: He may terminate at what time before the five years"? MR. STARK: The tenant -has first _option to renew it for a period of four years after the first year. One of the purposes of, drawing it that .way is Crabtree and O'Keefe Chevrolet .is naturally cautious in entering this operation- and wants to start -out- small in the beginning. THE`CHAIRMAN: You used the .word automobile lot, would many of your vehicles be stored outdoors, Mr. O'Keefe? MR. O'KEEFE: Yes,. they would. THE 'CHAIRMAN: How many? MR. O'KEEFE: There might be 25, there might be 30, there might be 10. THE CHAIRMAN: Is there enough room? MR. O'KEEFE: I would say that depends on the number of cars. (The Board discussed the map appearing in the file with ,Mr. O'Keefe and Mr. Stark. ) Southold Town Board -of Appeals -13- May 19, 1960 THE. CHAIRMAN: Are there any other questions members of the Board would like to ask? Are there any other remarks you would like to make, .Mr. O'Keefe.? Is there anyone else present .who- wishes to speak for this application? MR. WILLTAM H. HOUSNER, 209 Fishel ,Avenue, Riverhead, . New York: As the owner of the property I can only add a few remarks to what has been akeady mentioned. I first want to rent to a .responsible party that ,will -have a clean respectable -establishment. I am familiar with the- operation of the business and showroom of Crabtree and .O'Keefe at East.Main .Street, Riverhead, and feel it would be an, asset to have them -here, rather than have the building stay the war it is with broken .windows and so forth. THE 'CHAIRMAN: This is the entire lot, there will be no additional plans to rent additional. land to the east? MR. O'KEEFH: None that I know of. THE 'CHAIRMANY Mr. Housner, was there any objection to the operation :of the property by the neighbors or anyone else at the time the John -Deere people were there? MR. HOUSNER: None at -all. MR. ROSENBERG: Do you recall the date of the last occupancy? MR. HOUSENER: Four to fiveyears.. I don't think over five. THE CHAIRMAN: Is there anyone else present-.who wishes to speak for this application? Mr. Roland Timm, Pine Neck Road, Southold, Mr. Robert Witherspoon,. Beixedon .Estates, Southold, Mr. Charles S. Witherspoon, Hortons Point, Southold, Mr. Alfred Mahler, Cedar 'Beach, Southold, residents and business associates spoke of the sterling qualities of the proposed lessees and their _capacity. to conduct an orderly and .efficient businesx. THE CHAIRMAN: Is there anyone present .who wishes to speak against- this application? (There-was no response. ) Southold TownBoard of 'Appeals -14- May 19, 1960 THE CHAIRMAN.: Mr. O'Keefe, would you be in the business of trading used cars at all in this operation? Would you run a used car. lot? MR. O'KEEFE: Definitely. MR. ROSENBEPG: You put the cars into "O.K. " condition before you sell them, is that right? . MR. O'KEEFE: That is right. I would say we sell two used cars to .every new car. All according to the time of the year. THE CHAIRMAN: One. ofthe things that .has disturbed this Board is used`car lots. You .are in business .and you probably enjoy seeing a .row of cars, but not everyone does, for a. used car lot tends to deteriorate a neighborhood. Another thing is wrecks. MR. O'KEEFE: There are :'.different types •of:used car lots. We keep wrecks only as long as it is necessary for the insurance people to make adjustments. THE CHAIRMAN: You .have presented quite ;a different proposal from the one that- was presented -to us a year ago and I think that .our usual procedure here is to make a resolution and vote on it the same night .it is presented to us. In .this case' I think -we will .want - some additional time. We' ll perhaps. do it later this evening but I am going to suggest we reserve decision . on this until we have discussed it more thoroughly. We have a big obligation to be consistent .in- our decisions and that.is one of the things I am concerned With. I think you people have presented the proposal very well and clearly and thank you all for -coming. Resolution was offered by Mr. ,Bergen, seconded by Mr. Grigonis, and carried, WHEREAS application of :Crabtree-O'Keefe Chevrolet, Inc. and Fanning & Housner having been -considered at .Public Hearing No. 275 and the Board of Appeals finds the following: From the statements made by the. applicants .at the public hearing .and from visits to the premises by members -of the Board of Appeals., we find the following facts: Southold Town Board of 'Appeals ,15- May 19, 1960 The Board is of the opinion that this application for a special exception differs in three important respects from -Appeal No. 169 because: 1, The present. action of the Board does not grant-.a . special exception for the operation of a -gasoline service station, nor -was one applied for. 2. Appeal No. 169 emphasized the importance cjf general garage work, -engine .repair, automobile washing, body and fender work, automobile .spray painting and similar work, and that wrecked .automob.iles would be brought upon the premises and remain. for some time, thus involving a tendancy. to create -a junk yard. The present application by -Crabtree-O'Keefe and Fanning, & Housner does not- contemplate .automobile spray paintings major repair,-work in the open, or the storage of wrecks. 3. The present application is from an�`authorized dealer and contemplates use -of the premises as a sales and. servoce o.f automobiles -and trucks. The following conditions are imposed upon this application: 1. No major repair- work shall be performed in the open. 2. All fuel, oil or 'similar substances shall be- stored at least fifteen. (15) feet distant from all street -.or lot lines. 3. Automobile parts, dismantled or damaged vehicles, or similar articles shall botibe stored in the open. .4. Signs to be in accordance with Article IV, Section .408, of the Building Zone Ordinance ;of the Town of Southold. 5. No vehicles shall be parked -closer than .25 'ft. from the south property line. 6. No vehicles shall be parked closer than .100 ft. . from the west property line, where the existing residence is located. 7. Premises shall not be used for gasoline service -station purposes. Southold Town .Board of :Appeals -16- May 19, 1960 It is the determination . of the Board 'of Appeals that: (l.) The proposed use will not. prevent the orderly -and reasonable use-=of permitted or legally established uses in the district wherein- the proposed use is to be located- and will not prevent the. legally .established use in the res-idential use district -adjacent thereto: (2) The proposed use will not prevent::. the orderly and reasonable use o.f -adj a-cent properties and of properties .in .the adjacent:,usd district. (3.) The safety, :health, . the welfare, the comfort, the convenience or order of :the Town .will not.be adversely affected by the proposed use -and its location. (4) The use will be in harmony .with and promote the general purposes and intent .-of the Ordinance. Accordingly this application is granted -as .applied for with ..the aforementioned conditions. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, -Mr. Grigonis, and Mr. Doyen. The minutes of: the meeting-,ofMay 12, . 1960, ,7on. motion of Mr. Gillispie, seconded by Mr. Grigonis, .and carried, . were approved 'as . submitted. Vote of the Board: Ayes,- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, , and- Mr. Doyen. The next meeting --of the Southold Town Board -of :Appeals . will be held 7: 30 B.M. , Thursday, May 26, 196-0 at the Town Clerk :.Office, Main Road, Southold, New York. Resolution was offered by Mr. Doyen., seconded by Mr. Rosenberg, and -caraied, setting 7:30 'P.M. .(E.A.S.T. ) , Thursday; June 2, 1960, . Town Clerk Office, Main Road, Southold, New- York :as time and place for hearing upon ,application .of Mattituck -Merchants .Associatinn, Love.Lane, , Mattituck, New York, for a Southold. Town Board -of .Appeals - -17- -May 19, 1960 - special exception.. in-.accordance._with -the Zoning Ordinance,' Article III,: Section .300,. Subsection .11,. for p.ermissIon to erect and main- tain a directional sign~on. the property of Mrs. Hull Chew, South- east .side -of :Main Road, Mattituck, ,-New York. Vote---of ,the Board; Ayes:- Mr.. Gillispie, Mr. Bergen, Mr. Rosenberg,, Mr. Grigonis, and .Mr.. Doyen. Upon-motion of :Mr. Grigonis, .seconded by Mr. ,Bergen, and -carried 7.:35 P.M: (E.D.S.T. ) , Thursday, June. 2, 1960t., Town Clerk -Office, Main Road, .Southold,, New York ,was .set .as time and .place for-hearing;upon -application :of Mattituck..Merchants Association, Loye -Lane., Mattituck, , New York, fo-r 'a- special exception .in .accordance with, the .Zoning :Ordinance, 'Article III, Section 300, ..Subsection ,ll, . for permission to erect and maintain a .directional sign:. on . the proper.ty. of 'Mass '-Caroline Bell, South side Hamilton Avenue (County Rt'. 27A)*, Mattituck,, New York. Vote of the Board: Ayes:- Mr. Gillis pie, Mr. Bergen, _Mr. Rosenberg.t, Mr. Grigonis, and Mr. Doyen. It was further RESOLVED that.-.legal notice of hearings be published in the official newspaper,: under 'date of, May_-26, 1-960. Vote ofthe Board: Ayes:-• Mr-. Gillispie, .Mr. Bergen,, ;Mr. Rosenberg, Mr. Grigonis, . and Mr.' Doyen. The-April ,25,, 1960, minutes -of the- joint meeting-,of the Town .Board, Planning Board and Board ,of: Appeals were .received, and it should be noted for the. record 'that .while this Board :agreed that great.:consideration :should,@-given .to relocation--of non-conforming signs removed on ,,.account- o.f/location .of 'road :and similar circum- stances„ the. loss of 'permission to use a sign :site would not'-be .cons.idered in.the same light. The Board next. .received the appli-cation-.Qf John .J. Klein., :Jr. ,,.Main ..Road.-and Bay-Avenue, Mattituck, . New York,. for permission to erect :and. advertising sign .on the property, of -John H. Husing, Mattituck. It -was the Board"s decision th:at_Mr. ,Bergen- would `speak to Mr. Klein ,advising,him that-an- application of this type has never been granted,'since it .is not: felt, to be in .the interest of the traveling public, such as ' a pla.ce .of. lodging ;or .restaurant. However, should Mr. Klein still desire a .public hearing the Board would be glad to schedule one. Southold Town Board of Appeals -18- May 19, 1960 Mr. Terry informed the Board of Appeals thkt _Mr. Clifford Benjamin, Front -- Street, Greenport has stated that he has signed a contract ,with .Steve Doroski to put in a planting of privet .around his. property. Meeting adjourned .at 11: 25 "P.M. Respectfully submitted, Judith T. Boken \q Secretary C Erman �C Q� �ppaa