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HomeMy WebLinkAboutZBA-06/11/1964 �o��FFOLk '00 �O�t �4!C�'l•GL� S0UTH0LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen lamer*—Resealaefg Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse,' Jr. M I NU T E S SOUTHOLD TOWN BOARD OF APPEALS June 11,, 1964 A regular meeting of. the Southold Town Board of Appeals was held 7:30 P.M.-,, Thursdays June ll,, 1964, at the Town Office,. Main Road,, Southold,, New York. There were present: Messrs: Robert W. Gillispie, Jr. Chairman, Robert Bergen,, Charles Grigonis,s: Jr. ,, Serge Doyen,, Jr. ,, Fred Hulse, Jr. Mr. and Mrs. Fred Gagenr. Greenport,, New York appeared before the Board for an informal hearing. They presently have a tourist sign outside their residence. They want to change this sign to Real Estate Broker. The- Chairman informed them that Real Estate Brokers are not permissible in a "A" Residential and Agricultural area,. and that they should apply to the Town Board for a change of zone, since this particular problem did not come under the Board of Appeals. PUBLIC HEARING: Appeal No. 668 - 7:3 0 P.M. (E.D.S.T. ) ,. upon application of Peter Sledjeski, Main Roads. Orient,. New York,. for a special exception in accordance with the"Zoning Ordinance, Article X,. Section 1003A,, for permission to renew a farm labor camp permit granted May 23, 1963, Location of property: south side Route 25,, Orients, New York, bounded north by Main Road,.., east by J. B. Droskoski,, south and west by J. Tuthill and J. Dyer. Fee paid $5. 00. Southold Town Board of Apr,.­ls -2- June 11,, A The Chairman opened the hearing by reading the application for a special exception,, 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 would like to speak in favor of this application? (There was no response. ) THE 'CHAIRMAN: I have no objection to this camp. I feel that it'°has become necessary by `the closing of the Greenport -Labor Camp for the farmers to set up their own labor camps. is there anyone present who would like to speak against this application? (There was no response. ) After investigation and inspection the Board finds that -Peter Sledjeski wishes to renew a farm labor camp permit granted May 23,, 1963. The Board finds that there will be no changes made in the camp. There haven't been any complaints -or -objections to the camp being operated. The Board feels that .this camp is necessary to the operator - since the closing of -the Greenport Labor Camp which use to house a large number of laborers. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use, districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispio,, seconded by Mr. Bergen,, it was, RESOLVED that Peter 'Sledjeski,, Main Road, Orient,, New York,, be granted permission to renew a farm labor camp permit granted May 23, .1963, on property located south side Route 25, Orient,, New York. This permit will run for the period -of one (lo) year. Vote of the Board: Ayes: Mr. Gillispie,, Mr. Bergen,, Mr. Grigonis,, Mr. Doyen,, Mr. Hulse. Southold Town Board of Apj___Is -3- June 11, -4 'PUBLIC HEARING: Appeal No. 669 .- 7: 40 P.M. (E.D.S. T.-), upon application of .-Elizabeth M. Connors, Mattituck, New York, for a variance and recognition of access in I accordance with the Zoning ordinance, Article III, Section 303, .and Article"X, Section 1000A, and the State of 'New York Town Law, Section 280A, for permission to divide lots with insufficient frontage and for :approval of access. Location of property: south side Peconic Bay Blvd. ,. Laurel New York, bounded north by Peconic Bay Blvd. , east by-. A. H. Patterson, south by other land of Connors, west 'by- S. D. Piquet. Fee paid $5. 00. The 'Chairman -opened the hearing by reading application for a variance and recognition of access, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is Mrs. Connors here tonight? HOWARD TERRY: No. THE .CHAIRMAN: I agree with the reasoning of the applicant. These lots are long narrow lots on Peconic Bay Blvd. , as shown on the' surVey by Mr. Van Tuyl. I think it should be granted. Does anyone disagree with that? MR. BERGEN: Would we have to give a variance on .this when someone wants to build a house? THE 'CHAIRMAN: I think we could give a variance on this, if -we put restrictions on it. Is there anyone present who would like to speak in opposition to this application. (There was no response. ) 'After investigation and inspection the Board finds that Elizabeth Connors wishes to divide a lot and to obtain approval of access. The Board finds that a gas line runs through the property, which would present -a hardship when ready to build on the lot. The Board feels that a variance could be granted on this application, subject to restrictions for building on the lot. The Board finds that the access requested is accessible to fire trucks and other emergency equipment. Southold Town Board of-ApX,�-ls -4- June 11, 1 The Board finds that .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 by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that -Elizabeth- Connors, Mattituck, New York, be granted permission to divide ,lots with insufficient frontage and be given approval of access, subject to the following conditions: Any house build on lots #kl br 2 shall be at least 25 feet from 'the northerly line of the property, no closer than 15 feet -to the southerly line of the property, no closer than 11 feet to the westerly and easterly line of the property as defined. Vote of the Board : Ayes: Mr. Gillispie,. Mr. Bergen, Mr. Grigonis, Mr. Doyen, Mr. Hulse. PUBLIC HEARING: Appeal No. 670 .- 7:50 P.M. (E.D.S.T. ) , upon application of Fred R. Wangelin, 2054 Stirrup Path, Seaford, New York, for a variance in accordanpe with the Zoning Ordinance, Article III,_ Section 305,. for permission to erect a dwelling with insufficient setback. Location of property: north side--Ole Jule Lane,, Mattituck, New York, bounded north by Nuart Lane, east by Zigmund Pylko, south by Ole Jule Lane,. west by Ole Jule' Lane. Fee paid $5. 00. The Chairman opened the hearing by reading application for a variance, legal notice of hearing.. affidavit attesting to its publication in the official newspapers: and notice oto the applicant. THE CHAIRMAN: is there anyone present who would like to speak in favor of this application? FRANK HUNDLEY: This is Mr. Bellace and Mr. Wangelin, who will speak for' himself. THE CHAIRMAN: Are the rest of the house set .back further- on both sides? FRANK HUNDLEY: Yes, both sides. Southold Town Board of App�a.ls -5 June 11, THE CHAIRMAN: it is a difficult lotto use. What is the total area .do you know? MR. WANGELIN: No, I don't know. THE CHAIRMAN: Will you need any other variance? MR. WANGELIN: I don't think so. I don't intend to build on this lot right away, but when I get ready to, I want to make sure.- it is alright to do so. THE CHAIRMAN: Is there anyone present who would like to speak in opposition to this application? (There was no -response. ) After investigation and inspection the Board finds that Mr. Fred Wangelin wishes to build on a lot -with insufficient setback. The Board finds that Mr. Wangelin is the owner of a pie-shaped lot. His lot is the only pie-shaped lot in the vicinity. Without obtaining a variance, this property is of no use to Mr. Wangelin. The Board finds that 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 by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that :Fred R. Wangelinl 2054 Stirrup -Path, Seaford, New York, be granted permission to build -on a lot with insufficient setback on property located north side Ole -Tule 'Lane,, Mattitut.k, New York. vote of the Board: Ayes: Mr. Gillispie,, Mr. Bergen, Mr. Grigonis, Mr. Doyen,, Mr. Hulse. r r fi - Southold Town Board" of Appeals -6- June 11, 19�i1" PUBLIC HEARING:- Appeal No. 671. - 8:10 P.M. (E.D.S.T. ) ,, upon application of R. G. Terry,, Esq. , Southold,, New York.,, a/c Charlotte K. Gittinger, 3 Forest Drive,, Springfield, New Jersey:..,', for a variance and recognition of access in accordance with -the ;Zoning Ordinance, Article III,, Section 303, and the 'State of New York Town Laws, Section 280A,, for permission,,-to divide lots with insufficient frontage and for approval of access. Location of property: north side -Cedar Beach Road, and east' side Paradise -Point Road, Southold, New York, bounded north by E. G.. Weymouth,; east by Bay,, south by Cedar' Beach Road, west by Paradise Point-Road. Fee paid $5. 00. The' Chairman opened the hearing by reading application for a variance and recognition of access,. legal notice of hearing,. affidavit attesting to its publication in the official newspaper, and notice oto the applicant. THE CHAIRMAN: Is there anyone present who would like to speak in favor ' of .this application? R. G. TERRY, ESQ. : Chairman,, and Gentlemen of the Board. I appear on° behalf .of Mrs. Gittinger and her son John Gittinger. I Think that the map by Mr. Van Tuyl is fairly clear as to what we want to do. . These houses have been there for many years. The survey by Mr. Van Tuyl draws the line across here. . (pointed to the map) o Mrs.- Gittinger has kept the property in this manner for many years. She has recently obtained a chance to sell some of this property. ' The property that will be sold is parallel to Shelter Island -Sound. Mrs. Gittinger has tried to sell the property as all one unit. No purchaser wants to buy five houses at once. After this sale is made for -part of the land, it ,will still'be operated as three separate familes. It will not change the character of the neighborhood. That is what it has been. The condition was created prior to zoning: I think it was done with no insight of future restrictions. It doesn't change the neighborhood, or the property, and it will continue to be used by three seperate families, and I particularly call your attention to that. (Mr. Terry went on to describe the location of each building on the map. ) May I say, that this woula not change the neighborhood. These are hardship circumstances in that this was done without regard to zoning, because there was no thought of zoning at that time. t Southold Town Board of- App&a:is -7- June 11, l!-, MR. HULSE: Is the land private down to the beach? f Esq. R. G. TERRY:/This sale insures title to the beach.; My intention is that this comply with the the Zoning Ordinance, and think of the safety and welfare of the Town. THE CHAIRMAN: This was here long before zoning. I think this is the best solution at this time. Do .you suppose it is illegal to grant this as a unit? R. G. TERRY,ESQ. : I don't think it would be illegal. TH E' CHAIRMAN: It would be illegal to crest something like this. M.G. TERRY,ESQ. : This is already created. THE CHAIRMAN: Is there anyone who would like to add anything further in favor of this application? (There was no response. ) THE CHAIRMAN: Is there anyone present who would like to speak in opposition to this application? GEORGE McMANN,JR. ,ESQ. : For the record, my name is George . McMann. I'm a lawyer with ,an office at 238 Main' Street,".Greenport,, New York. Mr. Weymouth, an adjoining property owner and Mr". Stark object to the granting of this variance. They feel it would be down grading to the. area. I don't agree with what' Mr. Terry has said. Let me review the facts. Mr. Terry said there was no future insight "of restrictions from zoning. But "there are restrictions with zoning,. and they cannot be overlooked now. These lots are small and would definitely change the character -'of- the district. -Other lots_' in the vicinity are large lots. Before we go any further,. is there a signed contract� to sell this property? R. "G. TERRY,ESQ. : There is no contract signed at the moment. GEORGE 'McMANN,JR. ,ESQ. : You have no person to sell it, and no person to purchaseeit. THE' CHAIRMAN: We assume that the sale exist.. Southold Town Board of AppE',_.._,s -8 June 11,196`, GEORGE McMANN,JR. ,ESQ. : As no contract is signed,, the application is premature in regard to selling the property. She is not legal bound to -sell. If'Mrs. Gittinger is granted this ,variance, she will still be in the.-same position tommorow as she .was today. There is no difference. THE 'CHAIRMAN:. It ,would be difficult to sell three houses at once to the same -buyer. GEORGE McMANN,JR. ,ESQ. : it would be difficult to sell 100 houses at once, but -she is not .selling any houses: THE CHAIRMAN: She would like to sell. GEORGE McMANN,JR. ,ESQ. : She would like to sell, but she is not legally bound to sell. We are doing business with conjecture. THE CHAIRMAN: This sale depends on whether or not this variance . is granted. GEORGELgMCMANN,JR, ,ESQ. : Is she legally bound to sell the property? R.G. TERRY,ESQ. : I have a letter from the purchaser. (Mr. Terry read the letter which stated a payment was enclosed and that final sale was subject to obtaining a variance on the property. ) GEORGE MCMANN,JR. ,ESQ. : That is the contract of sale? R.G. .TERRY,ESQ..: This is the bind. Mrs. Gittinger has accepted .the money and is bound to go through with the sale if this. variance is granted. GEORGE MCMANN,JR. ,ESQ. : I would have to disagree with that. That -is not a contract of sale. If there is not -contract- of sale, there is no hardship. THE CHAIRMAN: That As an offer, and I would say she is legal bound. to sell. GEORGE McMANN,JR. ,ESQ. : You will say that is a contract of sale? Go into the application and establish where the hardship is. There is no hardship, there is no contract of sale. THE CHAIRMAN: Mrs. Gittinger 'has tried to sell this a one parcel of .land for five years. There is evidence that -she has tried to sell for five years. r Southold Town Board of Appeals -9- June 11, 1964 GEORGE McMANN,JR.,,ESQ. : Then the price is to high. The number of houses has nothing to do with 'it. THE 'CHAIRMAN: It is more difficult oto sell three houses at one time. GEORGE McMANN,JR.ESQ. : I don't think that is so. THE CHAIRMAN: I don't know what the price of these houses are. GEORGE MCMANN,JR. ,ESQ. : How many families are buying this property? R.G. TERRY, ESQ. : One "family. GEORGE McMANN,JR. ,ESQ. : One family is going to transfer the ititle -of this whole parcel? R.G. .TERRY,ESQ. : Yes. THE CHAIRMAN: What type of houses are these? R. G. TERRY,ESQ. : Two are year-round homes,. the =other is a summer cottage. GEORGE McMANN,JR. ,ESQ. : I fail to see how this is relevant. THE CHAIRMAN: I fail to see it. releuant for you 'to expect us to determine a sale by contract. GEORGE McMANN,JR. ,ESQ. : Then what is the hardship here? MR. BERGEN: Three houses on one parcel. THE ,CHAIRMAN: They just said they tried to sell this for five years. A contract of sale is not relevant to the Zoning Ordinance. GEORGE MCMANN,JR. ,ESQ. : The sale is subject to the approval of 'this variance,. but .is she legally bound to sell it,, and is the purchaser. legally bound to buy it? MR. DOYEN: Legal, considering it is going to be legal. GEORGE McMANN,JR. ,ESQ: But is she legal bound now? Southold Town Board of Appea -10- June ll, 19�; MR. DOYEN: The plots are there and they are going to remain the same as they are now. GEORGE MCMANN,JR. ,ESQ. : I am going to ,object to this application- because it fails to mention a part of the Zoning Ordinance. It has'Article III, Section 303, but not .Article 'X,. Section 1000A, which reads: No lot shall be sold, divided, or set off in such a manner 'that either the portion sold, divided, or set -off, or the portion remaining shall have an area and/or open spaces of less than that prescribed by this Ordinance for the district in which said lot is located. THE CHAIRMAN: We will ask the applicant to amend the application, republish it,_ and hear it again at the next meeting. Is that permissible with all parties? GEORGE MCMANN,JR. ,ESQ. : Yes. R. G. TERRY, ESQ. : I don't -know if-1 completely understand this objection. THE. CHAIRMAN: One section. of the Ordinance is omitted from the application. (The chairman again read Article X,; Section 1000A) . R. G. TERRY, ESQ. : I see no reason to go through it again. The application is for granting a variance to the Zoning Ordinance. I feel it, is not limited to just one section,, but all the provisions of the Zoning Ordinance. I don't see why the sections must be included in the application. GEORGE McMANN,JR. ,ESQ.: How does anyone know -what you are applying for, if you don't -state it in the application? R. G. TERRY,ESQ. : We are applying to the Zoning Ordinance for this variance to sell this property. There are ,probably some other sections that are not included in the application. I don't think this should disqualify the application. , I don't think sections should have to appear on the application. -We are applying to the Zoning- Ordinance. There is no reason why the application can't be amended now. THE CHAIRMAN: I have to -disagree on the basis of the way I am advised by the Town Council. Even if George was agreeable to amending it here, I don't think- we should do it because there is some question in our mind, so that I think we should amend the application and rehear it. Neither of you will have to appear here. I see no other solution to this type of .problem. June- Southold Town Board of THE CHAIRMAN: Is there anyone else who wishes to speak against this. application? (There was no response. ) THE' CHAIRMAN: Are there . any other questions? R.G. TERRY,ESQ. : No other questions. THE 'CHAIRMAN: Then we will rehear this application at 7:30 P.M. ,. June 25s 1964. You will be notified. PUBLIC HEARING: 8:30 P.M. - Appeal No. 672t, upon application of Mae 'MacLeish,, Bray Avenue,, Laurel, New York, ' for a variance in accordance with the Zoning. ordinance, . Article III,. Section 303, for permission to erect a building with insufficient frontage. Location of property: west side Bray-.Avenue, lot= #100,, Laurel,, New York,, bounded north by other land of MacLeish, east by Bray Avenue, south by T.T. Whittier, west by -other land of: MacLeish. Fee paid $5. 00. The Chairman opened the hearing by reading .application for a variances, 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 would like to speak in favor of this application? (There was .no response. ) The Board looked at pictures of the property in question. Representative of the T.T. Whittier family were present at the hearing. They wanted to know what lot -MacLeish was intending to build on. The Board looked at -the map of the property and discussed it. THE ,CHAIRMAN: Is there anyone present who would like to speak in opposition to this application? (There was no response. ) After investigation and inspection the Board finds that Mae MacLeish wishes to.build on a .olot with insufficient frontage. - Mrs. MacLeish wishes to construct a year-round home on Bray ,Avenue, Southold Town Board of, Appei�_-_.- -12- June 11, Laurel,. New York. This house will be keeping with the setback of .the hother .homes on Bray-Avenue. This lot has enough total area,- but :not enough frontage. The Board finds that 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 notichange the character of the district. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Mae MacLeish,; Bray Avenue,. Laurel, New York, be granted permission to build .on a lot with insufficient frontage, on property located west sidd .Bray Avenue, lot 0100,, Laurel,, New York,. lots divided -as shown on original filed map in County Clerk Office. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. .Grigonis, Mr. Doyen,, Mr. Hulse. ' PUBLIC HEARING: Appeal No. 673 8:45 P.M. (E.D.S.T. ) ,, upon application of. Herbert W. Wells,, Jr. , Southold,, New York, a/c Vail Brothers,, Inc. ,: Main Road,, Peconic, New York,, for a special exception in .accordance with .the Zoning Ordinance,, Article IV,. Section 400, Subsection 9,. for permission to install a parking lot to. sell new and used cars. Location of property: .north east cornerof Peconic -Lane and Route 25,; Peconic, New York,, bounded north by land now or formerly of A. Cierach, east by land now or formerly of S.. Cierach, south by Main Road, Iwest by Peconic Lane. Fee paid $5. 00. The Chairman opened the hearing by reading application for special exception, 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 would like to speak in favor of this application? LEFFERTS EDSON,ESQ.: I don't have any interest -in this, but In the description of this property is wrong. The Board and Mr. Edson discussed the description of :the property and what the correct description should be. Southold Town Board of Appeals'_ _ -13- June 11,1964 ,rYJ1 THE -CHAIRMAN: We will postpone this hearing until the description is clarified and correct. PUBLIC HEARING: Appeal No. 674 - 9: 00 P.M. (E.D.S.T. ) , upon application of James Brewington,.-Main Road,_ Cutchggue, New York, for a .special exception in accordance with the 'Zoning Ordinance, Article IV,, Section 400,- Subsection 9,, for permission to install a parking lot to sell used cars. Location of property: south east corner of Main Road and Eugene Road,. Cutchogue,. New York,. bounded north by Main Road,; east by M. Abatelli,, south by 0. Glover, west by-Eugene Road. Fee paid $5. 00. The Chairman opened the hearing by reading application for special exception, 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 would like to speak for this application? DAMES BREWINGTON: The only thing I want -to say is that we are not going into big business. We are not going to have 25 or 30 cars.. Just .a fews but I want to be within the law. THE' 'CHAIRMAN: Alot of times it .is hard to tell what is for sale when you see alot of cars parked. JAMES BREWINGTON: We have three cars of our =own, and we have customers cars there. Cars we are servicing. THE -CHAIRMAN: When I went by there, there seem to be quite a few cars there. Three belong to you,, and some are being serviced,. and you had two for sale? JAMES BREWINGTON: Two, and we have sold one already. THE =CHAIRMAN: Didn't you say something about clearing the land at the rear of the station? JAMES BREWINGTON: Yes, we cleaned it- off and have more land. THE'CHAIRMAN: You have more land than you thought you had when you rented the place. . As I understand,, this property is owned Southold Town Board of Appeals ' -14- June 11, 1964 by Mr. Glover,. and leased by Mr. McCullum. He leased it from O. Glover. I understand Mr. Glover is not -here, he is in New York. Have. you ever seen him? JAMES BREWINGTON: No. THE- CHAIRMAN: Did McCullum �ever operate this as a gas station himself? 'JAMES BREWINGTON: I don't know. MR. HULSE: Mr. McCullum is a Standard Oil Distributor. THE 'CHAIRMAN: Then he has sub-leased it to you. _ Do you have anything in writing? JAMES BREWINGTON: Yes. THE CHAIRMAN: ' Have you ever seen Mr. McCullum's lease from Mr. Glover. JAMES BREWINGTON: No I haven't. THE 'CHAIRMAN: I think permission should come from the owner,or he should join in the application with .you. This is done without any prejudice to you application. We asked Mr. McCullum if it was alright with him, but he wouldn't put anything in writing. We sent him the following letter: Dear 'Mr. McCullum: We have in our file an application from James Brewington, who is a tenant -of yours. He wishes to "put Iin a used acar lot at the gas station on the southeast -.corner of Main Road and Eugene Road, Cutchogue,, New York. We would like to have in writing whether' or not you approve of James Brewington putting in this used car lot. May I please hear from you by Thursday, June 11,. 1964. . As I said before,, he won't put anything in writing. We also have the problem of a junk yard,, which everyone seems against. Not that this is a junk yard. MR. BERGEN: Maybe Mr. Edson would know if pit is necessary to have a letter of permission. LEFFERTS EDSON,ESQ. : I don't.know anything about that. Southold Town Board of Appea j,,_ -15- June 11, 196�_J THE CHAIRMAN: This seems like a .change in the use of the land. Where do you apply for the slicense to sell used cars? JAMES BREWINGTON: I sent for the application. I have here the FS-11 form. Inicase I have a car a person wants to drive and tryout. I want to be within the law and don't want- to get .into any trouble. THE CHAIRMAN: What you say maybe 100% true,, if this application is granted. It's a use which is permitted in the Business District, and the. use goes with the land. - Sam Smith could come in here and do the same thing,, but it .goes with the land. It seems only fair to the owner of the property to find out what his feeling are. You should go to Mr. McCullum and ask him to reduce the rent or tell himyouiwantepermission from Mr. Glover to do this. This is only a suggestion. I don't know how sick Mr. Glover is. He is in no condition to make a, decision, but I don't think we can make the decision here tonight. Mr. Hulse thought it would be fair "to the owner,, so we tried Mr. McCullum first,, and he won't put anything in writing. MR. BERGEN: Then you have to have permission from the property owner. THE- CHAIRMAN: I have here a letter from an. adjoining property owner,. Philip W.- Abatelli. Southold Town Building -Zone Board Southold,.Long Island Re: Variance application of James Brewington covering property -at northeast -corner 'of Main and Eugene Road,. Cutchogue, N.Y. Gentlemen: As a mature .real estate appraiser,. I believe that the purpose of the Building Code Ordinance is to conserve an enhance real estate values and when there is reasonable doubt that granting a variance may adversely effect -adjoining properties, such an application should not be favorably con- sidered. It is common knowledge. that used car lots eventually degenerate into junk yards. The disturbing noises and obnoxious odors impair the health of the people in the Southold. Town. Board. of Appeals- -16- June. lls. 1.964 neighborhood which contradicts the very purpose for which the zoning laws were enacted. As the owner of the property adjoining to the north:, the parcel for which Article 4,; Sect-ion 400,, Subsection 9 is asked to be amended,, for the reasons above mentioned,, I respectfully request that the comtemplated variance should be denied. Very truly yours, /s/ Philip W. -Abatelli. THE CHAIRMAN: I have also had some vocal objections from people who live in Nassau Point. LEFFERTS EDSON, ES¢.: I am hereto object to this application on behalf of .the _Nassau Point -Association. Mr. Chairman,, and members of .the Board. The Nassau' Point and the Nassau Point Causeway Association do object. the application of this gas station. (Mr.. .Edson .went on to describe the surrounding properties and there uses. ) This gas station has been doing business under the name "Nassau Point-Service- 'Station",. yet the people of Nassau Point do not .approve of this car lot. He is not serving the people of Nassau Point by doing something they object to. The association ask that :this per- mission not be granted. THE CHAIRMAN: None of these people are direct adjoing property owners, yet they are in position to tell people how to use their property? MATTHM MULLEN: I own land in back of this gas station and it would be greatly effected by this used car lot. I see all sorts of cars parked out in back of the station and I suppose they were put there because of the gas station. I have no objection to anyone running a business, but this car lot would be down grading to my property in addition to the people of Nassau Point. I think this is going to bemmore than a used car lots, there will be junk cars out there. JAMES BREWINGTON: We have one car out there that we took the motor out.--of. We are going to get rid of the car as soon as we have the time. , We've been pretty busy lately. • 1' Southold::Town Board of Appeal,._ =17- June .11, 196 __ . There was...some .discussion:.about the property boundries. The Board looked at the property .on the tax map to determine the boundries.. MATTHEW MULLEN: He has an .old car out there,. which looks like its on •my property, and it has "Go like, Hell" painted onthe side. This certainly is down-grading to the area. JAMES BREWINGTON: I had to put a cluth in it foz° .him. .MATTHEW MULLEN: I will have to take action to get that --out of there. I don't think a used car lot is going to help this area any. THE' CHAIRMAN: Someone could have left this old car there. It might not be Mr.. Brewington's fault. JAMES BREWINGTON: It's not my fault. He couldn't get .it .running so. he just left it there. T8E.' CHAIRMAN: This has always been useddas a gas station. I think the main objection is against the used cars. GEORGE"'AHLERS: These old cars started collecting around the. station after' Mr. Brewington .opened .it up. We don't. care .who put that old car. .there and left it. -. We are concerned about .this looking like a junk yard. We don't want this type of thing to continue. He could collect all kinds of old cars out there, and then say they are for sale. ..JAMES BREWINGTON: We don't have junk cars. As I said we have onc:�: car out there that we took the motor out of. . We are going to get. rid of the car. ..: Alot of the cars out there we own ourselves. (Mr.. Brew.ington went on the describe the_ year 'and model. of -cars which he owns and that .are .not for sale..at the. station) I don't have to sell u.cars. I just -want to be within the .law if i..get :one that.-someone wants to buy:. THE CHAIRMAN: I see quite a few people from Nassau Point. They do not like this used car lot, and they are your customers. Most people in business try to do what their customers want. I will make it known to the NasatePoint Association if you -withdraw this application. We should many other people in the Town, who would take an interest in the appearance of the Town. I know a few more applications that will be coming in for used car lots. Vail is one of 'them, but they are extending their present .lot. Southold Town Board of Appeal' -18- June 11, 1964- You might-be a hero if you withdraw this application. I am sure that Mr. Edson would -also -make it knovP to the Nassau Point .Association. JAMES BREWINGTON: I don't want to' lose any friends. I am not going to make more money selling used cars, but as I said if somebody comes and wants to buy one, I want to be within the law. THE' CHAIRMAN: AS -We said .Mr. Edson will make it known if you withdraw the application, and I'm sure the people of Nassau Point will be very happy,, and you may find that your business increases. So do you want to withdraw the application? draw JAMES BREWINGTON: I will with/aw the application and forget all about it. I don't want to lose friends and business. THE CHAIRMAN: I think that is a wise decision and I think there should be more people like you, who take a interest in what,!:the public wants. PUBLIC HEARING: Appeal No. 675 - 9:3 0 P.M. (E.D.S.T. ) , upon application of :rJ. Harry McGowan, 17 Aberdeen .Street, Malverne,, New York, for a special exception in accordance with the Zoning Ordinance, Article"X, Section- 100.7, Subsection e, .for permission to expand' a non-conforming building. Location of property: private right-of-way, south side 'Peconic Bay Blvd.,. Laurel ,. New York, bounded north by J. Connelly,,east by private road, south by M. McGowan,, west by J. McGowan. Fee paid $5. 00. The-Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. The Board and Mr.. McGowan held a lenghtyrdiscussion on the boundries of the property,. and the owner ship of the property, when the property was bought, and what the previous use of this building in question was. Southold .Town Board of:Appec.:: -1.9- June 11, 1964 THE CHAIRMAN: Where is, .the water supply for this property. MR. MCGOWAN: The' Water ' supply is in the far °end of the property about 50 feet from the cesspool. THE CHAIRMAN: You have changed the exterior 'of the house. MR. McGOWAN: We =.were going to just build a dormer, and then we raised the roof. The roof already had the overhang. THE CHAIRMAN: I can't imagine what it looked like before you put- the addition on. MR. HULSE: It looked lop-sided. THE' CHAIRMAN: Do you rent this building,,, or does someone live in . it3 MR. McGOWAN: Just to friends and we don't charge any. rent for it. THE 'CHAIRMAN:- What is the access to this property? MR. McGOWAN: The right-of-way. THE CHAIRMAN: Is there anyone who wishes to speak against this application? MR. BERGEN: I would like to see proof before I vote. I would, like `to, see whose name .the property was in right along. I have also been -told that -.this has no kitchen in it. MR. MCGOWAN: There has always been a kitchen in there. And- I have my-deed if. you would like to see proof. . (Mr. McGowan presented tothe Board the deed to the propetty which they looked at .and discussed. ) MR. BERGEN: I think you just did it to beat zoning and .just to make a crap house out :of it. MR. McGOWAN: This is where I live. I live there, I built a home there. Southold Town Board of Appe`. .,.a -20- June 11, MR. BERGEN: That is what you like to live inZ MR. McGOWAN: This was put here before zoning went into effect. This building needed a new roof, so we put a new roof on it. MR. BERGEN: I think it was all done just to beat zoning. THE' CHAIRMAN: I don't think it was done quite that way. We can put- him under oath if .you want to. Mr. McGowan,, do you sware to tell the truth the whole truth and nothing but the truth? MR. MCGOWAN• Yes. THE CHAIRMAN: When did you take ownership of this building in question? MR. McGOWAN: It was either'57 or 158. it was before 1958. THE CHAIRMAN: I doesn't make any difference when you got the property. The deed say September 28, 1956. That was (before the zoning Ordinance. I think you should have checked before you started doing any work on this building. MR:; .McGOWAN: I had permission to put. up a dormer from Mr. Terry. Ask him,, he will tell you. There was more discussion over the ownership of the property and whose name it.was in for' how long. THE CHAIRMAN: Is there anyone who would like to say anything further about this application? (There was no response. ) After investigation and inspection the Board finds that J. Harry McGowan expanded on a non-conforming building. The Board finds that this expansion was made necessary by the need for more floor space. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood .property .and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. i Southold Town Board of Appe"_:� -21- June ll,: 1-9�4' On motion by Mr. Gillispie, seconded by- Mr. Grigonis, it was RESOLVED that J. Harry McGowan, 17- Aberdeen Street,, Malverne, New York,, be granted permission to expand a non-conforming use , on property located on private right-of-way south side LPeconic Bay Blvd. , with the positive restriction of any further expansion on the building in any form. : Vote of the Board: Ayes: Mr. Gillispie., Mr. Grigonis, Mr. Doyen,. Mr. Hulse. Mr. Bergen did not vote. Mr. Paul Kneski came befara the Board for an informal talk. He has a lot which he wants to' divide and put a cottage on this divided lot. The Board advised him that he would have to have side yards �of 10' and 10' or side yards of 12' and 81 . on motion by Mr. Grigonis, seconded by Mr. Gillispiet it was RESOLVED that the minutes of the Southold Town Board of Appeals -dated .May 28, 1964,, be approved as submitted. Vote of the Board: Ayes- Mr. Gillispie,, Mr. Bergen, Mr.Grigonis,, Mr. Doyen, Mr. Hulse. 'on motion by Mr. Gillispie, seconded by Mr. Bergen,, it was RESOLVED that the Southold Town. Board of Appeals set 7:30 P.M. (E.D.S.T. ) ,, Thursday,, June 25,, 1964,, at -the Town Office, Main Road, Southold, New York,, as time and placeof hearing upon ;the -amended application of R.G. Terry,Esq.,,Southold,, New York, a/c, Charlotte K. Gittinger, 3 Forest -Drive,, -Springfield, New Jersey, fora variance and recognition of access in accordance with the' Zoning Ordinance, Article III,. Section 303, 304, 3071, 308,, Article X,: Section 1000A,, and the' State- of New York Town Law, Section 280A,, for permission to divide lots with insufficient frontage,,. and for approval of access. Location of property: Southold Town Board of Appel--- _-22- June ll, 1909 north side cedar Beach Road,, bounded north by land of applicant, east by Bay,, south by land of applicant, west by land of applicant. Vote of the Board: , Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis,, Mr. Doyen,, Mr. Hulse. On motion by Mr. Bergen,, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of' Appeals set 7:40 P.M. (E.D.S..T. ) ,, Thursday, June 25, 1964,, at .the Town Office,, Main Road,; Southold, 'New York,, as time- and place of hearing upon the amended application of 'Herbert :W. .Wells ' JR. , Southold,, New York, a/c Vail Brothers,; Inca,, Main. Road,. Peconic,. New York, for a special exception in accordance with the Zoning Ordinance,; Article IV,; Section 400,, Subsection 9,, for permission to install a parking lot to, sell used and new cars.. Location of property: north side Route 25,,. Peconic, New York,, bounded north by land now or ' formerly of A...Cierach,. east by land now or formerly of -A. Cierach,, south by Main Road, west by other land-of applicant. Vote of the Board: Ayes:Mr. Gillispie,, Mr. Bergen,, Mr. Grigonis, Mr. Doyen,, Mr. Hulse. On motion by Mr. Grigonis,, seconded by Mr. Doyen,, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.D.S.T. ) ,, Thursday,, June 25, 1964, at the Town Office,_ Main Road, Southold, New York, as time and place of hearing upon application of Henmy J. Smith,. Peconic ,Lane,, Peconic,; New York, fora variance in accordance with the Zoning Ordinance,- Article III,, Section 303,, and Article- Xy;. Section 1000A, for permission to divide lots with insufficient frontage. Location of;property: west . side Carroll Avenue.. .Peconic,.. New York,, bounded north by Long Island Railroad,, east by- Carroll- Avenue, - South by J:b. Bell- Bedell,, west -by other land of applicant. Vote ,of the Board: Ayes:-Mr. Gillispie,, Mr. Bergen,, Mr. Grigonis,. Mr. Doyen, Mr.. .Hulse. On motion by Mr. Doyen,, seconded by Mr. Hulse, it was RESOLVED that -the Southold Town Board of Appeals set 8: 00 P.M.'(E.D.S.T. ) ,. Thursday,, June 25, 1964, .at -the Town Office, Main Road,: Southold,. New York,, -as time and 'place of 'hearing upon application of'Cecil Young,, Main Road,, Laurel,, New York, for a j' Southold Town Board of Appeak__- ' -23- June ll,. 19 _, variance in accordance with the State of New York Town-Law* .Section 280A,, for -approval of .'access. Location of property: Right-of-way north side Peconic Bay Blvd. ,, bounded north by Main Road-Hill, east by Albert Nolte,, south by-Peconic Bay Blvd.,, west by H. Romanowsk i. Vote of' the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Doyen, Mr. Hulse. -On motion by Hulse, seconded by Mr. Gillispie,, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.D:S.T. ) ,, Thursday, June 25,, 1964,, at' the Town Office,, Main Road,, Southold,. New York,. as time and place of hearing upon application of.'Robert.H.. Preston,; President,.- Sterling Harbor,Marina,- Manhasset Avenue,, Greenport,, New York, for a special exception in accordance with the Zoning Ordinance,, Article 'II2;; Section 300*' Subsection 11*. for .permissi.on to erect. a directional sign on the property of 'Sterling Cemetery Association. Location of property: south east -corner North Road,. and Manhasset- Avenue,, Greenport,, New York,bounded north by North Road, east -by land of Preston, south by- Sterling Creek,: west byManhasset -Avenue. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,. Mr. Grigonis, Mr. . Doyen,, Mr. Hulse. On motion by Mr. Gillispie, seconded by Mr. ' Bergen,. it was RESOLVED that -the Southold Town Board of Appeals set 8:30 P.M. (E.D.S.-T. ),, Thursday,, June 25,, 1964, at the Town .Office,. Main Road,, Southold,, New York,, as time and place of hearing upon application of_Richard F. Mullen,. Mullen Motor Sales, Main Road and Cottage ..Place,, -Southold, New York,; for a special exception in accordance with the Zoning Ordinance* Article IV,_ Section 400,. Subsection 9,, for permission to install a new,-,.and used car lot. Location of property: south west corner -Main Road and Cottage'Place, Southold, New York, bounded north by Main Road, east- by- Cottage Place, south by M.- Aksten,. west by R. -Swezey. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,- Mr. Grigonis, Mr. Doyen,, Mr. Hulse. On motion by Mr. Bergen*. seconded by Mr. Grigonis,, it was RESOLVED that -the Southold Town Board of Appeals set 8:45 P.M. (E.D.S..T. ) ,. Thursday,. June 25,, 1964.. at the Town Office,, upon Main Road, Southold, New York,, as time and place of'hearing 1 Southold Town Board of Appea_w -24- June 11,1964 " application of 'Theodore Switsavage, - 46-46 Broadway., New York- City, New York,, for a varlance . in accordance with the Zoning Ordinance,, Article- III,,. Section 303, . Article-'X, Section 1000A,, for permission to build on a lot -with- insufficient frontage, Location .of property: east side ,Marlene Lane,Mattituck, New York, bounded north by J. MagLellan,, east by District 9, south by otbe r land of Switsavage, west by Marlene Lane. Vote of the Bca rd: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr.- Doyen, Mr. Hulse. On motion by Mr. Grigonis, seconded by Mr.- Doyen,, it was RESOLVED that the Southold Town .Board of Appeals set 9: 00 P.M. (E.D:S.T. ) ,. Thursday, June 25,, 1964,,, at 'the Town Office,, Main Road,,. Southold,, New York, as time and place . of hearing upon application of -Samuel Copin, Vice President, Fleet Lumber,, Inc.', Route 25, Greenport,, New York, for a special exception in accordance with the ,Zoning Ordinances. Article Iv., Section 4088 - Subsection B,, for permission 'to erect an on premises wall sign. Location of property: south side =Route 25, Greenport,, New York,. bounded north by Main Road,, east by M. Cassidy, south by Long Island Railroad.. west -by R. Brown. „ Vote �of the Board; Ayes:- Mr. Gillispie,, _Nx. Bergen,' Mr. Grigonis, Mr. Doyen,, Mr. Hulse. On motion by Mr. Doyen,, seconded by Mr. Hulse,, it was RESOLVED that the' Southold TownBoard of Appeals set 9:10 P.M: (E.D.-S.T. ) ,. Thursday,, June 25,. 1964,, as time and place of hearing upon application of 'Samuel -Copin,. Vice 'President, Fleet Lumber,. Inc.,. Route 25, Greenport,. New York, for a special exception in. accordance with the Zoning Ordinance,. Article IV,, Section 408,, - Subsection b,, for permission to erect an on premises wall sign. Location of property: south side Route 25,. Greenport,. New York, bounded north by Main Road, east- by M.- Cassidy, south by- -Long Island Rail Road, west,by R. Brown. Vote -of the Board: Ayes:- Mr. Gillispie,, Mr. Bergen, Mr. Grigonis,, Mr. Doyen, Mr. Hulse. Ors"motion by Mr. Hulse„ seconded by- Mr. Gillispie,, it was RESOLVED that the Southold Town Board of Appeals set 9:15 P.M: (E.D.S.T. ) ,, Thursday,, June 25, 1964, at the Town Office, Main Road,, Southold, New York, . as time and place of hearing upon application of .Samuel -Copin,, Vice President, Fleet.Lumbers, Inc.,, Southold. Town Board of Appear_.- -25- June 11, 196,:.,11_1" Route 25;,_ Greenport, New York, for a special exception in accordance with the Zoning Ordinance,, Article IVe,. Section 408,, Subsection b,.. for permission to erect .an on premises wall sign. Location of property: south side Route 25,, green- port,. New York,, bounded north by Main Road, east by M. Cassidy,; south by,Long Island Railroad, west by R. Brown. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen., Mr. Grigonis,, Mr. Doyen, Mr. Hulse. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was, RESOLVED that the Southold Town Board of Appeals set 9:30 P.M. (E.D.S.T. ),,, Thursday, June 25,, 1964,, at the Town Office, Main. Road, Southold, New York, as time and place of hearing upon application of 'New York Telephone Company,-, 140.West Street, New York .City, . New York, fora special exception in accordance with the Zoning Ordinance, Article III,. Section 300, Subsection 6.. for permission to install a coastal harbor-radio-telephone receiving station on the property of Mattituck Park District, known as. "Mattituck Veteran's Memorial Park",Mattituck,, New York. Location of property: south west --side Peconic Bay Blvd. , and Bay Avenue,. .Mattituck,, New York, bounded north by Peconic Bay Blvd. ,, east by Bay Avenue,, south by Bay,- west-by Allyan Realty Corp. , right-of-way,, and others. Vote of the Board: Ayes:-Mr. Gillispie, .Mr. Bergen,: Mr. Grigonis, Mr. Doyen,. Mr. Hulse. Onmmotion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 9:45 P.M. (E.D.S.T. ) ,. Thursday,, June 25, 1964, at the Town Office, Main Road,; Southold,, New York,, as time and place of hearing upon. application of' Shephard M. Scheinberg,eEsq. ,, 220 Roanoke Avenue,, Riverhead, New York,, for a special exception in accordance with the Zoning Ordinance,- Article IV,,, Section 400,. Subsection 9 ' for permission to extend permission granted for the sale and service �of motor vehicles,, farm machinery, .etc. Location of property: north east corner of Railroad Avenue,, and North Road,, Southold,, New York, bounded north by J. Harris, east by F., Abrams,, south by North Road, west by Youngs -Avenue. Vote of the Board: Ayes:-Mr. Gillispie,, Mr. Bergen, Mr. Grigonis,, Mr. Doyen, Mr. Hulse. Southold. Town Board of Appea'. -26- June ll,, ' On.- motion by Mr. Grigonis,; seconded by Mr. Doyens, it was RESOLVED that the 'Southold Town Board of Appeals set 10: 00 P.M. (E.D.S.T. ) ,. Thursday, June 25, 1964s, at the Town Office,. Main Road, Southold,, New York, as time and place of' hearing upon application of -S.T.Soge,, Treasurer, Island End Golf and Country Club,, Inc.,, Route 25, Greenport... New York-,, fora special exception in accordance with the Zoning Ordinance, Article 22I,, -Section 300,,Subsection 11, for permission to renew and relocate an on the premises idenification sign granted June 251, 1962. - Location of property: north side Route 25, Greenport.. New York,, bounded north by other land of applicant,, east by Leroy Brown, south by Route 25,, west by Warren, Critchlow. Vote =of the Board: Ayes: Mr. 'Gillispie, Mr. Bergen,, Mr. Grigonis,, Mr.Doyen, Mr. Hulse. On- motion by Mr. Doyen,, seconded by Mr. Hulse,, it was RESOLVED that -the' Southold Town .Board of Appeals set 10: 15 P.M. (E.D S..T. ) ,, ,Thar sday, -June 25, 1964,, at , - the Town .Office,, Main Road. Southold,, New Yorks as time and place of hearing upon application of Alfred-Kneski,. Middle Road,, Mattituck, New York,, a/c Pauline Kneski,, Middle Road,, Mattituck, New York,: for a variance in .accordance with the Zoning Ordinance,,- Article III81 . Section 303?,.Article Xa.. Section 1000as, for permission to divide and build on a lot with insufficient frontage. Location of property: south side Middle 'Road '(CR 27A),,' Mattituck,,- New York,, bounded north by Middle Road _(CR 27A) ,, east-.by, J. Blasco, south by Soutiid,Avenue,, west by'A.: Walgo. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Grigonisf, Mr. "Doyen, . Mr. Hulse. The next-. meeting of the Southold Town Board of- Appeals will be held at 7:30 'P.M.,, Thursday,, June 25,, 1964,, at the Town Office Main Roads- Southold=, New York. Meeting Adjourned 12;15 P.M. APPROVED Respectfully submitted,; *4000 c nan Bo�oard y + A Barbara L. Carroza , . Secretary c,