HomeMy WebLinkAboutZBA-08/09/1963 �oS�FFUCk��G
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S0UTH0LD, L. I., N. Y.
Ol Telephone SO 5-2660
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairman
Robert Bergen
Iderbeft-Rene 8FEj
Charles Gregonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
M IN U T-E' S
SOUTHOLD TOWN BOARD OF APPEALS
.August 9, 1963
A meeting of the Southold Town Board of Appeals was held
at the call of the Chairman at 11:45- A.M. , Triday, August 9,
1963 at the Town Office, Main Road,. Southold, New York.
There- were present: Messrs. Robert-W. Gillispie, Jr. ,
Chairman, Robert Bergen, Charles Grigonis, Jr-. , and Fred Hulse, Jr.
Absent: Mr. Serge Doyen, Jr.
The Chairman advised that' he wasin receipt of" a letter
from Dr. George'E. Leone, . Commissione,r, Suffolk -County Department
of Health relative to the Amfar* Asphalt Corp. operating on the
property of Mattituck Docks, Inc. At a regular 'meeting of the
Board of Appeals held August 8th a delegation of approximately
25 property owners in the area of the plant attending the meeting
and protested the operation of the asphalt hot mix plant. The
Board advised at that time that the would discuss the matter
with the' Supervisor, - Town Attorney and County Executive, and
see what steps should be taken.
Southold Town Board of- Appeals -2- August 9, 1963
The letter received from-Dr. Leone stated, "-- excessive
dust, smoke and fumes emanating from this plant, constituting a
source of: air- contamination. " "-- there is a noise problem with
this type of operation and possible fire hazards involved. "
The Board discussed whether' or not to revoke the permit for
the plant and the following resolution was offered:
On motion of Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the Board .of- Appeals has unanimously, agreed
not to revoke the permission for the operation of the hot mix
plant by-Amfar Asphalt- Corp. operating on the property of Mattituck
Docks, Inc. , Appeal No. 566 dated May 9, 1963 and granted.May 23,
1963.
The findings of the Board are that the abatement of the
nuisances which were complained about on the night of August 8th
lies primarily with the Board of' Health. Their report quoted
in part as follows: "There is excessive dust, smoke and fumes
emanating from this plant, constituting a source of air contamination.
The nearest dwelling is located only 60 feet from this plant's
operation. In addition; there is a noise problem with this type
of operation and possible fire hazards- involved, " in Dr. Leone`s
letter of August 8th to Mr. Lester M. Albertson, Supervisor, indicates
that the sanitary code in their view has been violated.
.accordingly, since the Board.of Appeals is not equipped to
make a quantitative analysis of dust, smoke, noise and fumes
emanating from the operation it is our belief that relief must
be obtainedfrom action by the Board of,,He4°lth who are responsible
for making this plant either conform to health standards or close
it down.
The findings of the Board, in absence of a sanitary code of
the Town of Southold, concurred in by Town..Attorney Tasker, are that
this permit- should not be revoked by the Board of Appeals for the
.reasons outlined above.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
.Hulse, and Mr. Grigonis.
k
Southold Town Board of Appeals -3- August 9, 1963
A letter concerning this decision was forwarded to Supervisor
Albertson. The letter reads as follows:
"Last night about 25 thoroughly aroused taxpayers from the
Mattituck Harbor area waited an hour- to present their complaints
with regard to the above temporary operation of an asphalt- hot
mix plant. Acting under the Zoning Ordinance of the Town of
Southold as amended February 1963, the Board of Appeals granted
a temporary permit for this operation in a "C" Industrial Zone
(created in 1957) on May 23, 1963, after thorough investigation
and consideration. No unusual conditions were imposed, since the
Board is not qualified to make a quantitative determination of
excessive noise, smoke and funes -- the factors constituting the
heart of the present complaint. Related complaints concern the
recent approximate doubling of taxes in the area, as well as the
spilling of #k2 fuel oil on the approaching road (the plant burns
350 gallons ah hour) , and the overloading of gravel trucks with
crn Sequent spilling and hazard.
"It is our understanding that Dr. Leone is agreeable to
accepting responsibility for the maintenance of proper health
standards, accordingly the Board of Appeals at a special meeting
today decided, on the advice .of counsel, that the permit should
not be revoked by this Board, particularly in view of our inability
to determine what constitutes excessj'in the areas; mentioned. "
Meeting adjourned at 12: 15' P.M.
Respectfully submitted,
//�, 644_1'j
AC)L-11 Judith T. Boken, Secretary