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HomeMy WebLinkAboutZBA-11/07/1963 s MLI z aut�'aed �aa�t ��artu� � e�a� S0UTH0LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Hepber+ Resenbe4 Charles Gregonis, Jr. Serge Doyen, Jr. M I N U T E `S SOUTHOLD TOWN BOARD OF' APPEALS November 7,. 1963 A regular meeting of the Southold Town Board of' Appeals was held ,7:30 P.M. , Thursday,, November 7, 1963- at the Town Office,, Main Road, Southold, New York. There were present: Messrs.- Robert W. Gillispie,, Jr. ,, . Chairman, Robert Bergen,_ and Fred Hulse, Jr. Absent: Messrs. Charles Grigonis,, Jr. ,, and Serge Doyen,. Jr. PUBLIC HEARING: Appeal No. 615 - 7:30 P.M. (E.S.T. ) s, upon application of Edward Latham,, Main. Road, Orient,. New York,, for a variance in accordance with the' Zoning Ordinancet,, Article III,: Section 303 and Article X,, Section 1090A,, for permission to divide and sell a parcel of land having. 95 ft. frontage. Location of property: east- side Youngs Road,.. Orient,, New York?, bounded north by Raymond E. Golder, east by -other land of Edward Latham?;. south by Elisha Haberman,,. and west by Youngs' Avenue. Fee paid $5. 00. - Southold Town Board of- Appeals -2- November' 7, 1963 The' Chairman opened the hearing by reading application for a variance, legal notice of hearing,. affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present- who wishes to speak for this application? (There was no response. ) THE' CHAIRMAN: Mr. Latham has a lot here which cannot be enlarged in width and it has more than sufficient- area. He is .planning to sell the lot- to Mr. Oscar ' Saul. THE' CHAIRMAN: Is there anyone present who wishex to speak against this application3 (There was no response. ) After investigation and inspection the Board finds that this lot has a frontage of 95 feet. It is a parcel remaining between other 100 ft. front lots which haV.e been sold at various times- prior to the Zoning- ordinance, The depth of the lot is 150 ft. therebyr:caus ng it to have more than the required square footage. The Board finds that the strict-application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is ' unique and would not be shared by all properties alike in the immediate vicinity of this property and in the' same use district; and the variance does observe the spirit of the ordinance and will not change the character of the district. On motion of Mr. Gillispie,', -seconded by_ Mr. Bergen,, it was REGOLVED that- Edward- Latham be granted permission to divide and sell a parcel of land on Youngs Roadt Orimt,,New York,. having a frontage of 95 feet -and a depth of 150 feet. This parcel is bounded north by Golder and south by 'Haberman. - Southold Town Board of Appeals -3- November 7, 1963 vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,,. and Mr. Hulse. On motion of Mr. Gillispie,. seconded by Mr. Hulse, it was RESOLVED that the minutes of the Board of:Appeals of October 24,, 1963,, be approved as submitted. vote of the Board: Ayes:- Mr. Gillispie,,. Mr. Bergen, and Mr. Hulse.. PUBLIC HEARING: Appeal No. 616- 7:45' P.M. (E.S.T. ) , upon application of: Edwin H.. King, private Road,,_ Orient Point,, New York,, fors a variance in accordance with the Zoning Ordinance, Article Xt.-Section 1007,,. Subsection (d) ,, for permission to re- establish a non-conforming gas: statio# use which has been discontinued for over two years'. Location of property: south side Route 25,, Orient Point,. New York,, bounded north by Route 25,. east by State - Park property,. south by other land of Edwin H. King,,. and west by Sergio Casavecchia. Fee paid $5. 00. The Chairman opgped the hearing by reading application for a _variance,: legal notice of hearing,. affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present- who wishes to speak for this application? MR. EDWIN H. KING: The reason I made it was I rented the building to a .lobsterman who has been here this summer and he asked if he could live in the building. He hasn't moved in yet but- he paid rent as of the first-. of November. This gas station building was a gas station in Mattituck. I Moved it down about 12 years ago. Before there was- a much larger building there and.Joe, Droskoski has it on the Main Road now. Southold Town Board of Appeals -4- November 7; 1963 Many years ago we had the building as a grocery store- as well as gas station and it was open to the public and the two gas pumps have been there over 40 years. The lobsterman said he would like to have a permit to sell gas if' anyone wanted any and I said I would make an application. I believe one of these days there will be quite a demand for gas stations down there. THE' CHAIRMAN: Was the gas station ever closed to the public? MR. KING: Yes,., it was closed to the public but we never stopped using it for the farm. (A hand drawn map appeared in the file showing the location of the building. The building is approximately 22 feet from the State Highway. ) THE' CHAIRMAN: There is a picture in the file which indicates that it is a small well-preserved buildingjust before you reach the marina. (The Chairman explained that the Board has spent a great deal of time studying gas stations. They have as a result set up standards regarding setbacks, location of pumps,, parking facilities,, etd.. The Chairman read an action of 'a gas station granted previously.) MR. KING: The property across the street is "A" Residential but on the same side of the street several hundred feet away it . is "B" Business. 'THE' CHAIRMAN: where are the pumps? MR. KING: They are on the east side of the building. There is about 65 feet between the building and the west side of the State park property and the tanks are located there. There is a small one in front. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no responses ) Southold Town Board of' Appeals -5- November 7,. 1963 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no respcn se. ) THE` CHAIR_MAN: We have received letters of opposition which I will read. .. (The Chairman read a letter of opposition from George L. Youngs, Jr. ,, Orient; A. Nelson Chapman;. Long IslandState Park Commission,, Babylon, N.Y. ,, G. Frank Dougherty:.,- Counsel. ) ice. X G: I believe this will help people and not harm anyone. There are many times when thiswould be helpful to people and it was many times in the past. TITS' CHAIRMAN: Has there ever::.. been any formal application for a .gas station down there? MR. TERRY: No formal application. THE' CHAIRMAN: I can agree with the State Park Commission that a big elaborate gas station would tend to downgrade a State Park property. (There was discussion not pertinent to this application relative to the acquisition of'property by the. State Park Commission from Mr. King and others. Mr. Ray Tabor an employee of the State Park- Commission at orient- Point explained some of the details from the Park- Commissions s point of view*. ) MR. RAY TABOR: I personally have no objection to a gas station by Mr. King,. however I feel in that particular area it' would make a congested and hazardous area which does not exist now. The entrance to the park - is a little exaggerated and the entrance is closer' to the gas station than would be indicated by explanation. , The entrance is quite close.,, it' is not more than 75 feet away. My wife and I are not in objection to it but I-know the- Park- commission has written a letter and I felt I ' should appear as a representative of the 'Commission in this area. Southold Town Board of Appeals -6- November. 7,, 1963 THE' CHAIRMAN: If this use was not valuable when; Zoning went in when did it become. valuable? MR. KING: This will be just a convenience. It will be open in case anyone wants a few gallons of gas. THE CHAIRMAN: Is this. lobsterman going to be at the station all the time or will he be doing both jobs? MR. KING: Well:. he has a lobster car down at the marina and he will sell gas just- part -time. ' ust part time. He may be there and he may not be. MRS. RAY TABOR: I came up here tonight and I did not object, but if it is just going to be for a little gas and ruin the whole neighborhood I am against it. I 'do not- see the purpose of it. THE' CHAIRMAN: This does not seem like a gas station to me it seems like. a hobby. Is there anyone else present who wishes to speak for or against this application? (There was no response. ) After investigation and inspection the Board finds that the .property of the applicant has not been used for the sale of gas and oil for approximately 10 years. _. While the present application did not project any extension of these uses other than the sale of gas and oil2, the proposed operation would be intermittent and unpredictable based on the time which the operator would be free, to devote to the gas station from his - other activities. The Board was unable to substantiate the claim that it would be an unusual hardship to deny this application,, nor is the hardship a unique situation since everyone would be denied permission to operate a gas station intermittently. Southold Town Board of Appeals -7- November 7,, 1963 The Board is in agreement with the applicant- that- the proposed use would not substantially change the neighborhood,,, although the State Park Commission feels strongly to the contrary. It is understood this application is being denied without prejudice to any future application which might- contemplate an enlarged gas station which would be useful to a developing area. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or' substantially injured and the spirit- of the Ordinance will not be observed. On motion of.'Mr. Gillispie,, seconded by Mr. Hulse,, it was 'RESOLVED that Edwin H. King be denied permission to re- establish a non-conforming gas station use which has been dis- continued for over two years at the south side of:Route 25,. . Orient/:. New York,. west of the State Park property. Point Vote of the Board: Ayes:- Mr. Gillispie?. Mr. Bergen,, and Mr. Hulse. The next-meeting of the Southold Town Board of Appeals will be held 7:30 P.M. , Thursday,, November 21,. 1963 at the Town Office,. Main Road,, Southold,, New York. On motion of Mr. Gillispie, seconded by Mr. Bergen,. it- was RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.T. ) ,, Thursday,, November 21,, 1963s, Town Office,, Main Road,. Southold, New York as time and place for' hearing upon. application. of Frank S. Thorp,, East- Marion, New York,, for a variance in accordance with the Zoning Ordinance,. Article III,,, Section 303 and Article X,, Section 1000As for permission to set off a lot having in side sufficient frontage and area. Location of property: southof private road,_- South Lane, . East- Marion, New York,. bounded north by'South Lane,, east by Thorp, south by Beach area owned by Thorp, and west by private right-of-way. Southold Town Board of' Appeals -8- November 7,, 1963 Voto of the Board: Ayes:- Mr. Gillespie, Mr. Bergen, and Mr. Hulse. On motion of Mr. Bergen,. seconded by. Mr. Hulse, it was RESOLVED that the Board of Appeals set 7:45 P.M. (E.S.T. ) ,, Thursday,, November 21,. 1963 ,, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Jane C. McKenna,, Park Avenue, Mattituck, New York, for recognition of access in accordance with State of 'New York Town Law,, Section 280A. Location of property: private right-of-way on the south side of Park Avenue, Mattituck,. New York,, bounded north by other land of McKenna,, east by private right-of-ways, south by other land of McKenna,, and west by'C. H. Wickham. Vote of the Board: Ayes:- Mr. Gillispie,. Mr. Bergen,, and Mr. Hulse. On motion of Mr. Hulse,, seconded by'Mr. Gillispie,, it was RESOLVED that the Board of. Appeals set 8: 00 P.M. (E.S.T. ) ,. Thursday, November 21,, 1963, Town Office, Main Road, Southold,, New York as time and place for hearing uprn application of Douglas Beebe & Son, a/c Clifford Tyler, Jr. ,, Bay Avenue, Cutchogue, New York,. for a variance in accordance with the Zoning Ordinance, Article III,. Section 307, for permission to reduce the side yard setback to 9 feet on a lot located on the west side Bay'Avenue,, Cutcf ogue,, New York,, bounded north by,-A. V. Doroski, east by Bay Avenue,, south and west by A. V. Doroski. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,, and Mr. Hulse. It was FURTHER RESOLVED that legal notice of the hearings be published in the official newspaper on November 15, 1963. Vote of the Board: Ayes: - Mr. Gillispie,. Mr. Bergen,, and Mr. Hulse. Meeting adjourned at 9:45' P.M. PP ROVEED Respectfully submitted, fl C an Judith T. Boken,, Secretary har m Bo t A e 1�d`�"'