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HomeMy WebLinkAboutZBA-05/23/1963 o z aut�'aea/ ar,��z '� � AA&ea& SOUTHOLD, L. ,I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairmen Robert Bergen -W A F19e4-ReseRbecg 'Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, • Jr. M I N U T E S SOUTHOLD TOWN BOARD OF APPEALS May 23, 1963 A regular meeting of .the Southold Town Board of Appeals was held 7:30 P.M. , Thursday, May 23, 1963 at the Town Office, Main Road, Southold, New York. There were present: Messrs.. Robert W. Gillispie, Jr. , Chairman, Serge Doyen, Jr., and Fred Hulse,, Jr. Absent: Messrs. Robert Bergen and Charles Grigonis,. Jr. PUBLIC HEARING: Appeal No. 563 - 7: 30 P.M. (E.D.S.T. ) , upon application of Fred W. Young, Sage Boulevard, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain a directional and advertising sign on the property of Charles S. Sage, on the south side Route 25�, Sage Boulevard,. Southold, New York. Property bounded north by Rcu to 25, east by C. Sledjeski, south by L. I. Railroad, and west by Sage Boulevard. Fee paid $5. 00. i Southold Town Board of Appeals -2- May 23, 1963 The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, notice to the applicant and letter of permission from the property owner. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. FRED W. YOUNG: Actually the 12 ft. 6 in. by 6 ft. 6. in. sign I am requesting is the sign I am permitted to put on the premises in a business location. Whereas I am located on a private road with very little, if any, traffic I would like to put it on the Main Road where it would be of help. The 4 ft. by 6 ft. sign I have is in- adequate and does not stand out and does not draw the attention that is necessary. I have had quite a few people comment about it. What I would like to do is move the sign I am permitted to have on my premises to the Main Road where it would be of value to me. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) MR. HULSE: You feel the 4 ft. by 6 ft. sign You have now is too small? I think it is one of the nicest signs in the town and I have seen it many times. When they get too big they are gaudy and that is a very dangerous place for an oversize sign as there is a lot of traffic coming out from that street. MR. YOUNG: I do not believe it will create any more hazard than the one that is there now. I have not had any complaints in that respect and I discussed it with Mr. Sage and he feels very strongly about safety. THE CHAIRM N : It would cause immense problems here. The sign problem has dragged on for several years and there is a great deal of interest in the control of signs and in the absence of anything definitive as you know this Board has been operating in .the capacity that we have to establish rules. If this were granted to you you would have a larger sign than permitted anyone else and that is illegal; to permit something that is denied to all others. MR. YOUNG: This is a business zoned area as far as that goes. Southold Town Board of Appeals -3- May 23, 1963 THE CHAIRMAN: Yes, but that does not help us to permit an off premises advertising sign to any business and thereby set a precedent. Is there anything further? (There was no response. ) THE CHAIRMAN: You will be permitted to maintain the existing 4 ft. by 6 ft. sign for another year. MR. YOUNG: I do feel that by denying this you are disrupting free enterprise. After investigation and inspection the Board finds that the applicant wishes a directional and advertising sign 12 ft. 6 in. by 6. ft. 6 in. , a size which has never been granted by the Board and it is illegal to grant one person something that is denied everyone else. The Town Board is at present working on a proposed amendment of the Building Zone Ordinance with regard to signs, therefore at the present time the position of the Board isstatus quo before any amendments were introduced by the Town Board. The applicant was granted a directional sign 4 ft. by 6 ft. on .April 5, 1962. This sign may be continued and maintained for one additional year. The applicant has a marina approximately 1000 ft. south of the Main Road and requires a directional sign to indicate the location of the marina. There are other marinas which have been granted similar directional signs devoid of advertising as the Board considers such signs for marinas to be in, the public interest. 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 Fred W. Young be denied permission to erect and maintain a 12 ft. 6 in. by 6 ft. 6 in. directional and advertising sign on the property of Charles S. Sage, south s-1de Route 25, and Sage a i Southold Town Board of appeals -4- May 23, 1963 Boulevard, Southold,, New York. However, permission is granted for Mr. Young to maintain his present 4. ft. by 6 ft. directional sign which was granted under-Appeal No. 442 on April 5, 1963, at this same location for a period of one ,year to commence from the date of this resolution. This sign shall be 4 ft. in height by 6 ft. in width, upper edge no higher than . 15 ft. 6 in. above the ground level, lower edge no closer than 3 ft. from the ground level. Wording on the sign shall be: "Young's Boat"' Yard and Marina, Repairs, Sales and .,Service. " Vote of the Board: ayes:- Mr. Gillispie, Mr. Doyen, and Mr. Hulse. PUBLIC BEARING: Appeal- No. 564 - 8: 00 P.M. (E.D.S.T. ) , upon application of Peter Sledjeski, Main Road, 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 July 26, 1962. Location of property: south side Route 25, Orient, New York, bounded north by Main Road, east by J. B. Droskoski, south and west by J. Tuthill and J. Dyers: Fee paid $5. 00. The Chairman opened the hearing by reading 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 wishes to speak for this application? MR. PETER SLEDJESKI: There has been no change in the camp except for painting inside. Now the Cutchoquaenl�is closed and it makes this permit even more necessary. THE CHAIRMAN: Do you have approval of the Board of Health? MR. SLEDJESKI: Yes! I have a permit from them. 4 Southold Town Board of Appeals -5- May 23, 1963 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigatiionand inspection the Board finds that the applicant wishes tozenew his permit for a labor camp which was granted: in July 1962. This camp has been in continuous existence for over ten years. The Board finds that there has been no complaints concerning this camp during the 1962 operation. Mr. Sledjeski maintains the camp in accordance with Health Department and State rules and regulations. The compelling reason for granting a special exception to operate this camp as a commercial labor camp still exists by reason of the elimination of cooperative housing for approximately 200 workers formerly housed at the Greenport Labor= Camp and approximately 125 workers formerly housed at the Cutchogue Labor Camp. The opera- tors-.of farms conduct their operation in various locations necessitating housing with khe general area of operation in order to perform harvesting and grading operations to market the crops. The Board of Appeals is in agreement with the general feeling concerning labor camps, however, we believe that the operation of labor camps has vastly improved in recent years and that such camps are;:a tool as essential to local agriculture as tractors. Accordingly our findings have not changed essentially since July 26, 1962 as outlined in our action of that date, based on Appeal No. 487 of Karl and Peter Sledjeski. 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 of Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that Peter Sledjeski be granted permission to renew his labor camp permit on property located on the south side Route 25, Orient, New York. This permit shall run for ,the calendar year 1963. TA ScAedu le '19 TOWN 01T SOUTHOLD, NEW YORK ACTION OF THE ZONINU BOARD OF APPEAI,ti D A T F JMX-V... 0 x 1962 Appeal No. "7 Dated July 20 1962 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD TO Karl & Peter sladjW*1 Appellant Main ROM or"Uto now Y01* at a meeting of the Zoning Board of Appeals on. Thuraftyt July 26, 1962 the appeal was considered and the .action indicated below was t.iken on you: I Request for variance due to lack of access W property Request for a sp,,-ial exception under the Zoning for a variance to the Zoniii!, Ordinance 1 SPECIAL EXCEPTiON. By reziolution of the it wa�% that a sp-rial exception be ,e denied pursuant -t, X'' . " '10030Lbsect;oi- paragraph granted ( ) L mant to Ai Icle ........... .�eotian ... . .. -.1 ---. ... of the Zoning Ordinance, and ihe de-,,i::.,m A the BUild.inp. Inspector be reversed 1) confirmed becauset AftOr investigation and JAWPOCtion th6 DOa d finds that tba application is occasioned br an exPaA6iOn of the applicant'gi prewmt labor Campo me to the d1scantL-vuanC,6 of trio creenport Umtorn Suffolk Cooperative Labor Camp the f*rMrS MUSt 110u** aMitional tOMP03raVY h*IP- Thi* camp has been in continuous existence for over ton yeeze. This camp iv being rwwdaled to conform tO the strict rogulationg of the County H"Ith Department. (over, 2. VARITANC '. By resolution of the Board it -A'as de,,,rl lIiw,-; that (a) Strict LI)plication of the Ordinank", not ! pr(a,di,:(,-,; practical Or milmc essary hardship because (b) The barddilp created (is) (is not) unique and tv,-oulcl not) be shared by all properties alike in the immediate vicinity of this property aria in the Saii-,U use district because (c) Tl,,( var:Iailce (does) (does not) ol,,,srrve the spirit, of the Crclin-,-uic- z)nd -xwild) !would not) heal ;e i'lic ruaracl,or of the district l3mial:'e be -C c rm,c; 'Inc! ut' :Jie be Z01MM', FORM Z134 (Cceptixaue�d lrge throat D This is open farm comtry and the use of so-called s49aet labor is an accepted pra titse and in the past has not been objectionable. This type of f zue labor is essential for Vne coa to t, of these farses and all c&Wo a" under rigid rupsry is ion of the County Health authorities as well as inspection by Mats police at regular intervals. "m Dowd finch that inasmuch as this type of laboic Carta can the farm of active owners is definitely a raatuire meat !or the operation of the local far es a pezoit valid until der 31, 1052 shouid be Lasuod. 2he applicant wisher* to enlarge t?m C"acity of the camp to oigbt Wacker*. The 11MIted time, will giv* all comerned an opportunity to observe the conduct and resulta of these cargo. All of the requirawnts and standards set forth i n the ordinance have been wet. °a erefore-- .At. wraa PC-SOLVED that .Karl and meter sAedje ci be granted pensionion to enlarge their existing labor carp facilities. The permit should be iassuo4 until ryacember 31,' 1g62 for the housing of eight workers. Thio l tasted t imo will give all concerned an opportur ity to observe the conduct and result of Chow camps. s r � 6. 15 P.11. upon applicat4on of Xa.-l and r, 0tez siedje 1, in Roa4, Orient, blow Y'urk, fcu a spOcial ax-c-pticft in ac:c.�jr3a.nce --Ath the Zaniw. urdUwaace, Art.Lele X, Sec tioxa 1003e, fox ;ermijasion to enUrge: existing for cajap iaci.,iitier.'. L& at.Lcn of property, south side Rrjute 25, Orient, Nojw YOrk, bounded nowth by MaLn ]mod, Beast. ?Dy J. 3. Draaekoskl, tm,>vth by j. Tuthill his J. Oyer, and wont. by J,► Tuthill and J. Dyer. Southold Town Board of Appeals -6- May 23, 1963 See- Schedule "A" : - Findings herein and hereto annexed are taken from the previous hearing of July 26, 1962. Accordingly these findings have not changed essentially. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Doyen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 565 - 8: 10 P.M. (E.D.S.T. ) , upon application of Edwin H. King, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 3A, for permission to operate a marina for private boats on the southeast side of Narrow River Road, Orient, New York. property bounded north by land of Edwards and Gillispie, east by Hallock' s Bay, south by G. W. Hallock, and west by Narrow River Road. Fee paid $5. 00. The Chairman opened the hearing by reading 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, in order to clarify the history behind the present application stated that Mr. King started with land purchased from George Hallock and with a permit from the Town Trustees for certain work. As the marina progressed Mr. King's ideas expanded and he got new and better ideas and occasionally he did something the Town Trustees were not- aware of until after he did them. He has tried to straighten these things out with the Trustees and eventually they will be. Hevas granted permission for a certain footage and he indented that footage by making a place to launch boats. This was technically a variation from what he was granted. The man who was doing the dredging left his barge there and then he sold it to Mr. King and to hold it in place Mr. King had several piles drivenand and that was a further offense. Mr. KING: I had a permit to fill in behind the bulkhead and my attorney, George McMann, found that the deed did not cover that land. Mr. McMann felt I should be given another deed. I had a permit to fill but the violation was in back of the bulkhead. Also, the original plan did not show slips for the boats to be launched. Then others came in and asked permission to put their boats in. Southold Town Board of'Appeals -7- May� 23, 1963 THE CHAIRMAN: There is a question of the lines, they were originally on a diagonal and they created considerable confusion and by the time Mr. King got control of the property all memory of where the lines were had disappeared from anyone that is now living. A dispute then arose between Mr. King and the EstatecaE George Edwards and Mr. King thought a change of zrn e would solve his problem. This change of zone was denied. Mr. King, how many boats do you have of your own? MR. KING: Five ice boats, and 16 other boats, two of which are sail boats. Those boats are there for anyone who wants them. to use. I have three or four outboard motors also. THE CHAIRMAN: Is there anyone pre sent who wishes to speak in opposition to this application? DAVID H. GILMARTIN, ESQ. , Southampton, New York: I represent the interests of the- Edwards' Estate, the George- Edwards'Estate, and the life tenants of his property. Mr. Gilmartin had in his possession a copy of the abstract of title to those properties which were formerly in the Terry Estates and three estates of the' Edwards family. The property of the Terry's was transferred to the Edwards Estate: He stated that there is a question of title to the property Mr. King seeks permission to improve. This question was raised by Judge Tasker at- a hearing in 1962 at-which time according to the records of' the hearing he stated that his examination of the abstract of title indicated that the George ' Edwards` Estate had a one-third interest- in the larger portion of the property now claimed by Mr. King. (Mr. Gilmartin made some pencil ;. lines on the map in the file indicating property, lines. ) Mr. Gilmartin asked Mr. King if he had an examination made of his title. Mr. King replied that he did not as he felt there was no need for it. Mr. King explained that the reason he did not feel it was necessary to have an examination of title was that along -the north- easterly line, over which he now has a road, that road was built directly over a former.. canal which was used for drainage, and a �seriesof about 20 boulders were found there. He knew that years ago the Hallocks had a stake on their northeasterly line where they tied the bows of some of their larger boats. He could not fa,zd '.. that Southold Town Board of: Appeals -8- May 23, 1963 stake 'so he had Mr.. Roscoe King with a bulldozer, along with. George Hallock and Rod Van Tuyl and the surveying crew start. at the line and .push. the ground away. As he slowly moved the earth he found the 20 boulders and then they hit the stake which had rotted away and, grass was growing over it. This stake was 25 to 30 feet away from the south side of Narrow River Road.. He then knew he had found the boundary of 'Mr. Hallock's property. Mr. King stated that- he would gladly have the bulldozer come down and push the ground away again for everyone to see. Mr. King had a list of expenditures covering the marina and_ they totaled over $32, 000. 00. . Mr. Gilmartin suggested an adjournment of two months which would allow time for him to examine the title on both .pieces of property, the property of the Edward Edwards Estate and George Edwards Estate before an application is granted Mr._ King. . After further discussion relative to the former owners of the property and the location of Narrow River'Road, the Chairman stated that the Board of Appeals cannot grant a special exception for a marina on anything where title to the land :is in doubt- and until Mr. King is cleared with the Town Trustees. On motion cf Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Boar.d:.o f- Appeals adjourn the hearing on Appeal No. 565 for a special exception by- Edwin H. King to .July 25., 1963. Vote of the Board: .Ayes:- Mr. Gillispie, .Mr. Doyen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 566 - 8:30 P.M. (E.D.S.T. ) , upon application of Mattituck Docks, Inc. , Naugles Drive,. Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article V, Section 500, Subsection 6, for permission to erect a portable asphalt plant- on industrial property. - Location of ' property: north side Naugles Drive, Mattituck, New York, bounded north by Mattituck Inlet, east by land of:DeWulf, south by Naugles ' Drive, and west by right-of-way and land of Fenmore. Fee paid $5. 00. Southold Town Board of Appeals -9- May 23, 1963. The' Chairman opened the hearing by reading 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 wishes to speak for the application? A representativesof: Ampfar' Asphalts and Mattituck Docks appeared to answer questions of the Board. They stated that the purpose..-Of this asphalt plant is specifically for their present contract for the new County 4-lane highway in Mattituck, a distance of 2.75 miles. ' As soon as the job is completed the plant will be moved back to Kings Park. They expect the job to last approximately three months, however, there is talk of a strike which may last about nine weeks, as the union contract- falls due July 1st, therefore they would like sufficient time to cover the strike and then complete the job. They assured the Board that the burners will be maintained constantly so that there will not be excessive gases and smoke. The plant- is to be located on a parcel approximately 200 ft. by 600 ft. THE CHAIRMAN: Is there anyone present-who wishes to speak against this application? MR. MARTIN SUTER: Will there be a time limit? THE' CHAIRMAN: Yes. (The representativesof Ampfar Asphalt and Mattituck- Docks suggested October 1, 1963 as the deadline. ) After investigation and inspection the Boand finds that- the proposed portable asphalt plant is a necessity for the work being done in Mattituck building the new four-lane, County highway. The plant is only to be used for this project and will be removed upon its completion. The length of highway being built is 2.75 miles. The plant: is to be located in an industrial zone on the land of Mattituck Docks, Inc. which is approximately 200 ft. by 600 ft. in area. - Southold Town Board of Appeals -10- May 23, 1963 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 of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Mattituck Docks, Inc. be granted permission to erect a portable asphalt plant on their property (industrial) located on the north side Naugles Drive, Mattituck, New York. This permission is granted with the condition that the plant cease operation by October 1, 1963. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Doyen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 567 - 8:40 F.M. (E.D.S.T. ) , upon application of Mortimer G. Conkling,: Sterling Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to reduce the westerly side yard setback at the northwest corner by 11 inches. Locatinn of property: south side Sterling Road, Cutchogue, New York, part of'Lot No. 150 on map of Nassau Farms, bounded north by Sterling Road, east by Van Der Beek, south by Searing and Overton and west by Senko. 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 newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JOHN HAPONIC, Southold: At the time when I was laying out the building I more or less eyed the line up and there were trees in the andt I thought it wasn't quite 10 feet and I told the Inspector about/and he said he would issue a permit for just a few inches. I said 9 ft. 6 in. or 7 in. and he okayed it and I went on and built the addition and then the neighbors thought I was Southold Town Board of-Appeals -ll- May 23, 1963 closer to 'the line than that and they had a surveyor come in and the actual measurement turned out to be 9. 1 ft. from the westerly property. line on one corner of the building. THE CHAIRMAN: The question we are faced with is an accomplished fact. It has been constructed 11 inches from the line according to the survey by a licensed engineer. We have never granted a variance where it has been a self-imposed hardship, nor are we permitted to do so legally. If the building is to be 35 ft. or 10 ft. from the street- and that is not followed that is without a doubt a violation. (The Chairman read a letter dated' April 18, 1963 -from Loretta M. Senko and Peter Senko to Howard Terry, Building Inspector formally protesting the construction of the' Conkling addition adjacent to the easterly boundary line of ' their property on Sterling Road Cutchogue. ) THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? MRS_ MORTIMER' CONKLING: We did not want to get..9 ft. 1 inch from the l-ine,, as far as we are concerned it could have been 12 feet and if we knew this would have come about we would not have built. THE CHAIRMAN: How much , of. a problem is it to make it- conform? MR. HAPONIC: I have an .underground service coming into the garage and I will have to disconnect it. It is under the floor' of the garage.. Since this is a garage, if- that one side were cut off it- would -be pretty close in order to make it conform. MRS. CONKLING: Mr. Senko said five or six weeks ago he' would not do anything further about it. MR. SENKO: That is true and since then I did not bring any question up about it. The only time I did anything was prior to my last- conversation with Mrs. Conkling. THE CHAIRMAN: Mr. Senko could convey a piece of land at the point of' the violation to Mrs. Conkling to make it conform. MR. SENKO: I -would not do that because that would immediately reduce my 75 ft. lot by at least 7 ft. in length and 11 inches in width in the middle of my side yard. Southold Town Board of Appeals -12- May 23, 1963 I told Mr. and Mrs. Conkling I was not opposed to them putting up the new addition, it was very nice, but if a variance is granted, in some way can I also in turn be granted a variance on my property? I have a 75 ft. lot. (It was determined that Mr. Senko has a 175 ft. lot. He purchased 75 ft. and then an additional 100 ft. making a lot 175 ft. in single ownership. ) MR. SENKO: Possibly I can buy additional land to the west of my property and then sell the' Conklings a foot strip on my east side. Could you wathho.lcl decision until I see if I can do that? THE CHAIRMAN: We could adjourn the hearing for four weeks to see if a solution can be found. On motion of Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED that hearing on Appeal No. 567 application of Mortimer G. Conkling be adjourned for four weeks to June 20, 1963. . Vote of the Board: Ayes:- Mr. Gillispie, Mr. Doyen, and Mr. Hulse. PUBLIC NEARING: Appeal No. 568 - 9: 00' P.M. (E.D. S.T. ) , upon applicationof' Lloyd E. Terry, Main Road, 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 July 5, 1962. Location of property: south side Main Road, Orient, New York, bounded north by Main Road, east by S. Koroleski and R. & H. Latham, south by Long Beach Bay, and west by Mrs. E. W. Latham Estate. Fee paid $5. 00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. Southold Town Board of Appeals -13- May 23, 1963 THE CHAIRMAN: Is there anyone present who wishes to speak , for this application? (There was, no response. ) MR. HOWARD TERRY: There is to be no enlargement of the camp, this is just a renewal of the previous permit. THE CHAIRMAN: Is there anyone present who wishes to speak against this application?' (There was no response.) After ,investigat:ionand inspection the Board finds that the applicant wishes to renew his permit for a labor camp which was granted in July 1962. This camp has been in continuous existence for better than fifteen years. The Board finds that there has been no complaints concerning this camp during the 1962 operation. Mr. Terry maintains the camp in accordance with Health Department and State rules and regulations. The compelling reason for granting a special exception to operate this camp as a commercial labor camp still exists by reason of the elimination of cooperative housing for approximately 200 workers formerly housed at the Greenport-Labor' Camp and approximately 125 workers formerly housed at the Cutchogue Labor 'Camp. The opera- tors of farms conduct their operation in various locations necessitating housing within the general area of operation in order to perform harvesting and grading operations to market the crops. The Board of Appeals is in agreement with the general feeling concerninglabor camps, however, we believe that the operation of labor camps has vastly improved in recent years and that such camps are a tool as essential to local agriculture as tractors. Accordingly our findings have not. changed essentially since July 5, 1962 as outlined in our action of ' that date, based on Appeal No. 482 of Lloyd E. Terry. . 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. Southold Town Board of Appeals -14- May 23, 1963 On motion of'Mr. Gillispie., seconded by Mr. Doyen, it was RESOLVED that Lloyd E. Terry be granted permission to renew his labor camp permit on property located on the south side Main Road, Orient, New York. This permit shall run for the calendar year 1963. See Schedule "A":- Findings herein and hereto annexed are taken from the previous hearing of July 5, 1962. . Accordingly these findings have not changed essentially. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Doyen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 569 - 9: 10 P.M. (E.D.S.T. ) , upon application of Allan, C. Dickerson, Grand Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section, 305, for permission to reduce setback on one side of a corner lot to20 feet. Location of property: south- westerly side of: Woodcliff Drive and Grand.::Avenue, Mattituck, New York, bounded north by Woodcliff Drive, east by Grand .Avenue, south by J. Dillingham, and west by E.- Moisa. Fee paid $5.60. 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 Board . examined the plot plan of the property-which indicates there is a 30 ft. setback on the northerly side of ,the property facing on Woodcliff Drive. The easterly setback. facing on Grand Avenue is 80 ft. and the depth of the property, on Woodcliff Drive is. 239 feet.. ) THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ALLAN C. DICKERSON, Mattituck: I can't say too much more than is in the application. The distance from the proposed addition to the property line is 20 feet, but there is approximately 15 ft. more of Town property that I maintain as a lawn. Of course I know it is possible that could be widened. The land slopes considerably down to the road and I want to put a garage under the addition wi th' the doors facing the west- so we will not be TOWN OF SOUTHOLD, NEW YORK ACTION OF 1•HE. ZONING BOARD 'OF APPEALS DATE 1.1._..._ %2 Appeal No. "2 Dated jum 260 3.962 ACTION Oi,' T:-iL ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Lloyd Z. `f Wxy To XMID $mod Appellant f,3x , Now YO.rk at a mectirag of the Zoning Board .of Appeals en Vh=f1 , J1ilY $® IM2 the appeal was considered and the .action indicated below was taken on your- , i Request for variance clue to lack of access to property ('X ) Request for a special exception under the Zoning Ordinance t acquest for a variance to the. Zoning Ordinance 1. SPE(AAI: EXCEPTION. By resolution of the Board it was determined that a special exception ( X be granted l ) be denied pursuant to Article .......... .............. Section ..�03i... Subsection .............................. paragraph of the Zoning Ordinance, and the cic:cision of the Buildirlp, Inspector ( 3; be reversed ( ) be runfir ed br.auseI b Z4'V est ation and fit!! pooh the zoard finds tMt the peesent application to oemwsloued by as OMMMBUM of Uslo applicant's preen of lam canp. The mails of this expansicm hMe been apprE3Ved by the Soard of H a th. fto reason th iS expansion CMOs to this board is solely becaust of tha fact tho appluaant, slats lisping ltis Cop Naar Years ago clog* to his then place of reaLdence has Sinee z1hifted hir TO04116 to a la(mt..ioatt about a, mile frM his Main Operation. Thus the gmmt .labor caM is located closer to hin mother'8 ravii e , his tomer residence, than to his present ham. $tom 1. VARTANCI, B,,, resolution of Lhe Board it was detzrlained that la) Strict application of the Ordinance (wouldj (wuuld aiot) produce practir;al difficulties or unr.i rssary hard.hMp bc'(,ause r' 1'ht liz rddiip created (is) li; unique and (would) (would not.' i,, shared by all properties iuin)ediate vicinity of this property an;l ill the airs 1(s distr.ct, br,.�.use r T!v (icxsl does not) observe UIL' s;)ir;i. :)t t,h( Or'...,', t1 would) mut:'.(j ,ic.t rhanlc� the ('iisrartcr of the district beCfL11St• .and thorcforo It. furthf r determmed that the r(•quested varialire t be granted ( be denied .and that the prcviuus decisions of the Buildinlv Inspector ( ) be confiru)ed o ) be reversed. ZONING BOARll OF APPEALS FORM Z.T34 Judith, T.. sn,,' : vo�tftry ,� -17- s • , r.�.� L 1 fast) an fisaw is ot go t1 ly #A um AM of U&M As the �* lei I" M aZM omplUA with and a pssa It valid vi *U M�INt Slo 19U .abW&14 be isomd. cam &&As ►l Ume Idu emblt Wfoxfo is M sorer so MslMs and absaew a* swwlts* It was s000vm that LLayd a. 'MWxy be lsasted asi w is wyard ALs in mat DsiVstW labor ONO ioafted an tOW M and slr of HOU Mal, O rleft, Mwr 1bdg. A pondt •alSA man Us 1l/1 dWvM be tssus& • * 1 MO !.M. *tlOaUOn Of LlOyd R. T•ary, mAn **do Qrisat. now Ta t$ on a specs" Eton In aaeaAc4- wage with the soubw ordisamea Articls X, iwttaaa 10CL t, for ioet t© 1 '1014 has puytsatst pveiva►te labetr aaaO. LOCUtiOn d provaxtys swat s:tM Nato Mead, oriast, now Yoa*o Pw y bounded nostlt by Maid Re"* eMt by S. noroloslti and R. a Vic. Lat eaf •ooth by &oy brick says a" W"t br Mrs. S. W. Latham notate. s • • Southold Town Board of Appeals -15- May 23 , 1963 backing out onto the street. Financially this is the best location for the addition, in fact it is the only possible location due to the layout of the house. We want to add on a dining room and garage and there is no other way we can do it. THE CHAIRMAN: The financial hardship is common to everyone, and the hardship of the interior of the house is not one we can consider either. MR. DICKERSON: The addition is planned to line up with the kitchen window. We are eliminating the back door as it is but we do not want to push it over so far it will cover the kitchen window. We have three small boys who play in the back- yard and we want to be able to look out and watch them. THE CHAIRMAN: I am afraid we cannot take the layout of the house into consideration. MR. DICKERSON: We built this house in 1956 with this proposed addition planned in advance. We have always planned to build this addition when we saved enough money. Now we have it and are ready to start. The house is not large enough for us to remain if we cannot build the addition. Also, the road curves pastthe house and this would not affect the view of the neighbors in any way. MR. MARTIN SUTER, Mattituck: I own the only land available for building across the street from Mr. Dickerson and I do not have any objection to .the building on the side. THE CHAIRMAN: We could not grant this if everyone in the neighborhood were agreeable. We would in fact be changing the Ordinance which we are not empowered to do. (There was further discussion relative to the location of the addition. ) else THE CHAIRMAN: Is there anyone/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. ) Southold Town Board of Appeals -16- May 23, 1963 After investigation and inspection the Board finds that the . applicant bases his application for a variance on the present floor plan of the house as well as a financial hardship. The Board is not empowered to grant a variance under these conditions. No practical difficulty -or unnecessary hardship has been shown to warrant the reduction of the front yard setback. on a corner lot from 30 feet to 20 feet. This lot is 239 feet deep on- Woodcliff Drive which leaves sufficient- area for an addition in the rear of the house if the applicant so desires; the interior layout- of the house is not a valid reason for granting a variance. The Board finds that strict application of the Ordirmce will not produce practical difficulties or unnecessary hardship; the hardship. created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the . Ordinance and will change the character- of`the district. On motion of Mr. Gillispie, .seconded by Mr. Doyen, it was RESOLVED that Allan C. Dickerson be denied permission to reduce the setback on the northerly corner of his property to 20 feet. Location of property: southwesterly side of: Woodcliff Drive and Grand Avenue, Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Doyen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 57 0 -, 9: 3 0 P.M. (E.D.S.T. ) , upnn application of Rudolph Dalder, 111 Beach Road, Westhampton Beach, New York, a/c R. G. Brendel, 664 Knollwood Drive, West Hempstead, New York, for a variance in accordance with 'the' Zoning Ordinance, Article III, Section 300, Subdivision 7, for permission to erect a private detached garage in the front yard area 20 ft. from, the right-of=way on a lot located on the south side of the West; Branch of' Camp Mineola Road, Howell Open' Development Area, Mattituck, New York, bounded north by West Branch of Camp Mineola Road, east by M. McKeithen, south by Peconic Bay and west by-L. - DeNovellis. 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 newspaper and notice to the applicant. Southold Town Board of' Appeals -17- May 23, 1963 THE CHAIRMAN: Is there anyone pre sent 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: We went- down and looked at the property and took pictures and we granted a similar variance .:to at least one other person down there for the same type of a:..-t.Yng, the garage in the fromyard because the property faces on Peconic Bay. After investigation and inspection the Board finds that there is definitely a practical difficulty involved if a garage were to be placed in the front yard as all houses along this private road are so placed that a garage- must- be located on the road front. There are garages on various properties adjacent and the Board feels that this applicant should be granted- a variance as have others in this same area where the conditions are similar. 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 of Mr. Gillispie, seconded, by Mr. Hulse, it was RESOLVED that Rudolph Dalder, a/c R. G. Brendel be granted permission to erect a private detached garage in the front yard area 20 feet from the right-of-way on a lot located on the south side of the West Branch of' Camp Mineola Road, Howell Open Develop- ment- Area, Mattituck, New York. vote of the Board: Ayes:- - Mr. Gillispie, Mr. Doyen, and Mr., Hulse. Southold Town Board of Appeals -18- May 23, 1963 PUBLIC HEARING: Appeal No. 571 - 9:45 P.M. (E.D. S.T. ) , upon application of Thomas & Verna Molin, a/c Sunset Motel, North Road, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, - Section 408, for permission to relocate an existing directional sign on the property of George Telles, south side Route 25, Greenport, New York, bounded north by Route 25, eastand south by H. Sill, and west by R. Ryan. Fee paid $5. 00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. Letter of permission from property owner was also read. THE CHAIRMAN: Is there anyone present who wishes to s1m ak for this application? MR. THOMAS MOLIN: I think this new location would be better for my sign. It will be exactly the same sign I was granted before. The property is zoned "B" Business there and there are also signs of Katz, Fleet and Mitchells. It will say "Sunset Motel, Turn Here"with an arrow. It will be approximately 100 feet from Route 25 in line with the other signs. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that the applicant must move his existing directional sign several hundred feet up the road because at the present location it has been damaged several times. This single faced 4 ft. by 12 ft. sign was granted March 29, 1961 under Appeal No. 344. 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 of Mr. Doyen, seconded by Mr. Hulse, it was Southold Town Board of Appeals -19- May 23, 1963 RESOLVED that Thomas Molin, a/c the Sunset Motel be granted permission to erect- and maintain a directional sign on the property of George Telles, south side Route 25, Greenport, New York. The size of this. sign is 4 ft. by 12, ft. with the wording "Sunset Motel, Turn Left" with an arrow. Upper edge of this sign shall be no higher than 15 ft. 6 in. from the ground level and lower edge at least 3 ft. from the ground level. This sign shall be located no closer than 5 ft. from any property line and approximately 100 ft. from Route 25 in line with the existing signs. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Doyen, and Mr. Hulse. On motion of Mr. Gillispiq, seconded by Mr. Hulse, it was RESOLVED that the minutes of May 9, 1963 be approved as submitted. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Doyen, and Mr. Hulse. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M. , Thursday, June 6, 1963 at the Town Office, Main Road, Southold, New York. The Board received a copy of a resolution passed by the Southold Town Board at a meeting held May 21, 1963 stating as follows: "WHEREAS this Board has been appraised of several instances where buildings have been erected closer to property lines than permissible by the Zoning Ordinance due to error of owner and/or build:er,:; in determining the location of property lines, and "WHEREAS the Board of Appeals of the Town of Southold has recommended that the Building Inspector be authorized to require the owner-..to ascertain the exact location of such property lines by a licensed surveyor in cases where there is doubt as to the location of such property lines, Now therefore be it Southold Town Board of Appeals -20- May 23, 1963 "RESOLVED that the Building Inspector be and he hereby is authorized to require applicants for building permits to submit a plot plan prepared by a licensed surveyor in such cases where there is a question in the •mind of the Building Inspector as to whether or not the proposed structure will be located the required distance from the property lines. " on motion of Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Board of Appeals set 7: 30 P.M. (E.D. ST. ) , Thursday, June 6, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Robert Demarest, Main Road, Orient, New York, for recognition of access in accord- ance with State of New York Town Law, Section 280A. Location of property: private right-of-way, off north side Main Road, Orient, New York, bounded north, east and south by Harrison Demarest, ,&nd west by Louis M. Demarest. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Doyen, and Mr. Hulse. On motion of Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED that the Board of' Appeals set 7: 45 P.M. (E.D.S. T. ) , ' Thursday, June 6, 1963, Town Office, Main Road, Southold, New York, as time and place for hearing upon application of William J. Tufano, 1822 Relyea Drive, North Merrick, New York, for a variance in accordance with the Zoning Ordinance, Article III-, Section 300, Subsection 7, for permission to erect- a private detached garage in the front yard area 24 feet from the front property line on a lot located on the south side of the West Branch of Camp Mineola Road, Howell Open Development.Area, Mattituck, New York, bounded north by right-of-way, east by A. M. Milligan, south by Peconic Bay, and west by R. Cahill. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Doyen, and Mr. Hulse. 6n motion of Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED That the Board of Appeals set 8: 00 P.M. . (E.D.S.T. ) Thursday, June 6, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Russell - Southold Town Board of Appea-ls . -21- May 23, 1963 Tabor & Sons, Village Lane,. Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Sectirn 1003a, for permission to renew a farm labor camp permit granted July .12, 1962. Location of property: east side Platt Road, Orient, New York, bounded north by W. B. Karcher & V. T. Latham,, east by R. W. Gillispie, south by G.. W. Hallock and west . by -Platt- Road. Vote of the Board: Ayes:- Mr. Gillispie,Mr.. Doyen, and Mr. Hulse. On motion of Mr. Gillispie, seconded by Mr.. Doyen, it was RESOLVED that the Board of Appeals set 8: 15 P.M. (E.D.S.T. ) , Thursday, June 6, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of' George Ahlers, a/c' Catherine Ruschman, Eugene's Road, . Cutchogjue, New York, for a 'special exception .in accordance with the Zoning Ordinance,, Article III, Section 306, for rehearing upon the denial of the Board of- Appeals to reduce present- front yard setback from .35 feet to 30 feet. Location of property: Lot No. 306 on map of Nassau Point' Club Properties, Inc. , Cutchogue, New York, bounded north..by Edward Kelley, east` by Arthur Schwarz, south by Old Cove Road, and west by Haywaters Road. Vote of- the Board: Ayes: - Mr. Gillispie, Mr. Doyen, and Mr.. Hulse. It was FURTHER RESOLVED that legal notice of hearings be published in the official newspaper on May 31, 1963. Vote of the Board: .Ayes:- Mr. Gillispie, Mr. Doyen, and Mr. Hu.1 s e. Meeting adjourned at 11:45 P.M. Respectfully;submitted, I� Judith T. Boken, Secretary .� Appeals Chairman goacd of