HomeMy WebLinkAboutZBA-06/06/1963 S0UTH0LD, L. I., N. Y.
Telephone SO 5-2660
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairman
Robert Bergen
L_4 D L
Charles Gregonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
M I N U T 'E S
SOUTHOLD TOWN BOARD OF APPEALS
June 6, 1963
A regular meeting of the Southold Town Board of Appeals was
held 7:30 P.M. , Thursday, June 6, 1963 at the Town Office, Main
Road, Southold, New York.
There were present: Messrs. RobertW. Gillispie, Jr. ,
. Chairman, Charles Grigonis, Jr. and Fred Hulse, Jr.
Absent: Messrs. Robert Bergen- and Serge Doyen, Jr.
PUBLIC HEARING: Appeal No. 572 - 7:30 P.M. (E.D.S.T. ) , upon
application of Robert Demarest, Main Road, Orient, New York, for
recognition of access in accordance 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, Sr. and west by Louis M. Demarest.
` Fee paid $5. 00.
The Chairman opened the hearing by reading application for
recognition of access, legal notice of hearing, affidavit attesting
to its publication in the official newspaper and notice to the
applicant.
t
Southold Town Board of Appeals -2- June 6, 1963
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. )
THE::CHAIRMAN: I went down and looked at the right-of-way and
it has been improved since Louis Demarest built his house and I
would say it is passable in any weather.
.After investigation and inspection the Board finds that the
applicant seeks access over a right-of-way, approximately 20 feet
in width, which has been improved considerably since 1960 when a
similar application was applied for to an adjoining lot by his
brother Louis Demarest. It is the belief of the Board this right-
of-way would be passable in any kind of weather. This road has
been used for many years as a farm right-of-way by the applicant
and his family.
The applicant proposes to erect a residence on his lot in
keeping with the area. There will be no other development in the
immediate area in the near future.
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. Grigonis, it was
RESOLVED that Robett T. Demarest be granted recognition of
access to his lot located on a private right-of-way off the north
side of Main Road, Orient, New York, through the property of Harrison
Demarest- Sr. This right-of-way is in excellent condition.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, and
Mr. Hulse.
Southold Town Board of Appeals -3- June 6, 1963
PUBLIC HEARING: Appeal No. 573 - 7:45 P.M. (E.D.S.T. ) , 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 M. A. Milligan, south
by Peconic Bay and west by R. Cahill. 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?
(There was no response. )
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(Therewas no response. )
THE CHAIRMAN: This is similar to the other houses in the area
and other applic ations have been granted for this same condition.
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 hard-
ship 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
Southold Town Board of Appeals -4- June 6, 1963
RESOLVED that William J. Tufano be granted permission to
erect a private detached garage in the front yard area 24 feet from
the front property line on a lot located off- the south side of the
West Branch of Camp Mineola Road, Howell Open Development Area,
Mattituck, New York. The westerly side yard shall be at least
5 feet.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Grigonis, and
Mr. Hulse.
PUBLIC BEARING: Appeal No. 574 - 8: 00 P.M. (E.D.S.T. ) , upon
application of Russell Tabor & Sons, Village Lane, 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 12, 1962. Location of property: eastside Platt
Road, Orient, New York, bounded north by W. B. Karcher & V. T. Latham,
eatt by R. W. Gillispie, south by G. W. Hallock and west by Platt
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: 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. )
THE CHAIRMAN: As far as I know there has been no change in
the camp from last year and we have heard nothing unfavorable about
it.
After investigation and 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 ten years.
Southold Town Board of Appeals -5- June 6, 1963
The Board finds that there has been no complaints concerning
this camp during the 1962 operation. Russell Tabor & Sons maintains
this 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 operators
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
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 12, .1962 as
outlined in our action of that date, based on Appeal No. 485 of
Russell Tabor & Sons.
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. Grigonis, it was
RESOLVED that Russell Tabor & Sons be granted permission to
renew their labor camp permit on property located on the east side
Platt 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 12, 1962. Accordingly
these findings have not changed essentially.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, and
Mr. Hulse.
sc�
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS DATE�1Y. 1=• . %2
Appeal No. 485 DatedJW1e 28a 1982
ACTION OF T BOARD QFF APPEALS OF THE TOWN OF SOUTHOLD
TO Yillay* Laos Appellant
oria�t, ear york
at a meeting of the Zoning Board of Appeals on Tinsre�lay• Y 12, i the appeal
was considered and the .action indicated below was taken on your
Request for variance due to lack of access to property
� ) Request for a special exception under the Zoning Ordinance
l ) Request for a variance to the Zoning Ordinance
1. SPECIAI, EXCEPTION. By resolution of 3t�he Board it was detErjrj ed that a special exception (3K) be
granted ( ) be denied pursuant to Article .............................. .Section ............................... Subsection ...................._... paragraph
............................. of the Zoning Ordinance, and the decision of the Building Inspector A) be reversed ( ) be
confirmed because Atwr Anbeat4otj40 and laspectiw the Board glum Oat
the taste An question le one of amend owned and operated by the
appl soaat An dw 1wwdiata Vicinity.
A ON* Urge bew operated as the satyr location mime 1963.
Doe to the disc®atiwance at the Qseegpoect baetera ftttoik
CoaperatiVe Labor caw the tarreere wet Bowe the tewporrary labor.
"W p9eant caup Lrabout 2$00 tart gna a MIA road and nhil• it
U dear a residelsoe the ter"t and Owner has gi"n Wcoval of the plea.
2. VARIANCE. By resolution of the Board it was determined that (OVER)
(a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec-
essary hardship because
(o) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(c) Tht. var'ance (does) (does not) observe the -)irlt of the Ordinance and (would) (would not)
change the character of the district bee-,iuse
and therefore, it was further determined that the requested variaaice ( ) be granted ( ) be denied
and that the previous decisions of the Building Inspector r ) be confirmed ( ) be reversed.
ZONING BOARD OF APPEALS
FORM ZB4
Judith T. Wken. secretary
l
I' 1
(Contiarred frame front)
Ibis is open faro country and, the use of soy-called migrant
labor is an accepted practice and in the past has not beets objoctionable.
This type of fares labor is essential &M the eoRduc4t Of these
faros and all ca*e are under rigid supervision of the Couety MWIth
tuthositite as well as inspection by State Police at regular intervals.
the Board finds that iaassach as this type of labor camp on
the farms of active owners is definitely a reguir fcc 00
operat1cm of the local !arms a peraLt valid until doer 3l, 1962
shculd be issued for the housing of 12 workers. the limited tiros
will Siva all concerned an opportunity to absarwe tbs Conduct and
result of these . :ill of th# rnguirements and standards set
forth in the ordinance have been net.
Therefore it was RESQLVED that Russell Tabor i bons lee granted
permission to expand an existing private labor camp. This permit
sbould be issued until December 31, 1962 for the housing of if workers.
The limited time will give all concerned an oPPortunitY to
observe the conduct and result of these c""-
e ♦ •
e, 00 P.M. (E,D.B.T. ). upon application of Russell Tabor &
Sons, Village Lane, Orient, Rew YcOLe for a special *xception
in accordance with the 2(minG ordinance, Article y, S+eetion' 1003A,
!k r peraeinaLon to expand an existing grivote labor camp. Locat"nn
of property: east side llatt Road, Orient, Now 'homier, b0undcd
north by W. a. Karcher sad V. T. Leth&u, a&at by R. w. dillispie,
mouth by c3. W. Rallock and wort by Platt Road.
s r •
Southold Town Board of' Appeals -6- June 6, 1963
PUBLIC HEARING: Appeal No. 575 - 8: 15 P.M. (E.D.S.T. ) , upon
application of George Ahlers, a/c Catherine Ruschman, Eugene's Road,
Cutchogue, 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. 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?
WILLIAM WICKHAM: I do. We have a survey of the property.
THE CHAIRMAN: Had Mr. Ahlers seen this survey when he drew
the map on the building permit application?
MR. WICKHAM: I question it. I am not too familiar with tl-e
background as far as the map is concerned. When I came into it a
little later he had the map.
When I took over closings in some volume ten or twelve years
ago there were two points I always made, a title policy and a survey.
At that time the locak banks just required a search. I told the .
banks I did not have enough money to back up mistakes of searches and
I told them a survey was as important, if not more important, than
a search. Over the years we have had more discrepancies in surveys
than title policies. We have even had houses built on lots not
owned by the owner of the house.
Your difficulty and mine creeps up when surveys are made for the
owner or for the bank and then it is revealed there is 'a violation or
encroachment and apparently that is what happened in this case. This
is a highly irregular lot. The setback for the back line and front
line leaves a very limited triangle where a house could be built.
In this case it could have been shifted to the west but I understood
it was put in this way so that they could extend to the west with a
garage or addition in the future.
Southold Town Board of Appeals -7- June 6, 1963
The main point is that the road line is irregular. In the
original map which was filed in Riverhead the contour or line of
the road is somewhat as shown on the map, but it is not definite.
In other words the line of the road is not shown as so many feet
of an arc of a triangle with a certain radius and that is the only
way you can determine the curve of a road. Mr. Van Tuyl has admitted
it was irregular and put in a tie line. If there were a definite
location of the road I don't think it would have a tie line.
There was a question here in your first hearing that perhaps
there was not enough diligence used in locating monuments, even
if the monument on the northwest corner had been located and a line
taken down at 105 feet; I do not believe a man could have indicated
the line even then because he did not know the road line. Even now
if it were put back 35 feet from Mr. Van Tuyl;'s line there is no
indication that would be it unless there were a boundary line agree-
ment with the Town of Southold.
THE CHAIRMAN: Are there any questions?
(There was no response. )
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was a brief discussion relative to the procedure necessary
for a boundary line agreement and also discussion relative to the
location of the monument on the northwest corner of the property. )
After investigation and inspection the Board finds that this
application for a rehearing to reduce the front yard setback to
approximately 30 feet on a corner lot should be granted because the
road line is undetermined. The exact location of the road line has
never been established and to determine the exact line it would be
necessary to have a boundary line agreement between the Town of
Southold, the owner of the lot in question and the owners of property
on the opposite side of the street. It is the opinion of the Board
that this would be impractical and an unnecessary hardship to all
concerned.
This is an unusual shaped lot, and for a house to meet the
setback requirements only about one°third of the house is usable
for building purposes.
Southold Town Board of Appeals -8- June 6, 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. Grigonis, it was
RESOLVED that George Ahlers, a/c Catherine Ruschman be granted
permission to reduce present front yard setback from 35 feet to
approximately 30 feet on Lot No. 306, Nassau Point Club Properties,
Inc. , Cutchogue, New York.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, and
Mr. Hulse.
Mr. LeRoy Cooper appeared before the Board of Appeals for an
informal discussion relative to property he owns in Orient. He has
a large parcel of land with a dwelling on one part of it and he
would like to divide the property into two parcels and build a
second dwelling. There was discussion held relative to the size
of the access which Mr. Cooper feels. is only 10 feet. the Board
advised that a 15 ft. access would be necessary and Mr. Cooper
felt he could secure the consent of the owner, of the right-of-way
to increase it to 5 feet. Mr. Cooper, planned to file for a variance
immediately.
The next meeting of the Southold Town Board of Appeals will be
held 7: 30 P.M. , Thursday, June 20, 1963 at the Town Office, Main Road,
Southold, New York.
On motion of Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the minutes of May 23, 1963 be approved as
submitted.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Grigonis, and
1&. Hulse.
Southold Town Board of Appeals -9- June 6, 1963
On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that the Board of Appeals set 7: 30 P.M. (E.D.S.T. ) ,
Thursday, June 20, 1963, Town Office, Main Road, Southold, New York
as time and place for hearing upon application of LeRoy-Cooper,
Bay Avenue, Orient, New York, for a variance in accordance with the
Zoning Ordinance, Article III, Section 303. and Article X, Section
1000A, for permission to erect a dwelling on a lot with reduced
area, and Section 280A of the New York State Town Law for recognition
of access to the abovementioned lot. Location of property: on a
private right-of-way, south side King Street, Orient, New York,
bounded north by G. W. Douglass, east by C. T. Davis Est. , south by
Paul Dalani, and west by other land of LeRoy Cooper.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, and
Mr. Hulse.
On motion of Mr. Grigonis, seconded by Mr. Hulse,it was
RESOLVED that the Board of Appeals set 7: 45 P.M. (E.D.S.T. ) ,
Thursday, June 20, 1963, Town Office, Main Road, Southold, New York
as time and place for hearing upon application of Charles W. Morgan,
Jackson Street, New Suffolk, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 300, Subsection 7,
for permission to erect an accessory building in the front yard area
approximately 200 feet from the front property line. Location of
property: south side Jackson Street, New Suffolk, New York, bounded
north by Jackson Street, east by James L. Connor, south by Peconic
Bay and west by William J. Baxter.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Grigonis, and
Mr. Hulse.
On motion of Mr. Hulse, seconded by Mr. Gillispie, it was
RESOLVED that the Board of Appeals set 8: 00 P.M. (E.D.S.T. ) ,
Thursday, June 20, 1963 , Town Office, Main Road, Southold, New York
as time and place for hearing upon application of Charlotte O'Keefe,
55 Herricks Road, Garden City Park, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 303
and Article X, Section 1000A, for permission to divide property
into two lots leaving one with reduced frontage and area. Location
of property: west side Deep Hole Drive, Mattituck, New York,
bounded north by C. Richard Ruttan, east by Deep Hole Drive, south
by Ernest Miller, and west by Deep Hole Drive.
Southold Town Board of Appeals -10- June 6, 1963
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Grigonis, and
Mr. Hulse.
On motion of Mr. Grigonis, seconded by Mr. Gillispie, it was
RESOLVED that the Board of Appeals set 8: 15 P.M. (E.D.S.T. ) ,
Thursday, June 20, 1963, Town Office, Main Road, Southold, New York,
as time and place for hearing upon application of Allen McCaffery,
Alvah's Lane, and Oregon Road, Cutchogue, New York, for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 306, for permission to reduce front yard setback on a corner
lot to 30 feet on Alvah' s Lane! Location of property: southwest
corner of Oregon Road and Alvah's Lane, Cutchogue, New York, bounded
north by North Road, east by Alvahaz,s Lane, south and west by S. Keleski.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, and Mr.
Hulse.
On motion of Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the Board of Appeals set 8: 45 P.M. (E.D.S.T. ),,
Thursday, June 20, 1963, Town Office, Main Road, Southold, New York
as time and place for hearing upon application of Raymond J. Slavin,
89-88 Hollis Court Boulevard, Queens Village, New York, for special
exception in accordance with the Zoning Ordinance, Article III,
Section 306, for permission to reduce the front yard setback on a
corner lot to 22 ft. 6 in. Location of property: southeast corner
of Oak Drive and Broadwaters Drive, Cutchogue, New York, bounded
north by Oak Drive, east by E. T. Czark, south by Mary-E. Dunne, and
west by Broadwaters Drive.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Grigonis, and
Mr. Hulse.
It was FURTHER RESOLVED that legalnotice of hearing be published
in the official newspaper on June 14, 1963.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Grigonis, and Mr.
Hulse.
Meeting adjourned at 10:15 P.M.
ft1 "-'` "'7� Respectfully submitted,
J ✓4
Chairman Board of Appea edith T. Boken, Secretary