HomeMy WebLinkAboutZBA-01/18/1963 � T -
S0UTH0LD, L. I., N. Y.
Telephone SO 5-2660
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairman
Robert Bergen
Charles Gregonis, Jr.
Serge Doyen, Jr.
M. I N U: T 'E .S
SOUTHOLD TOWN BOARD OF' APPEALS
January . 18,, 1963
A regular meeting' of the Southold Town Board of-Appeals was
held 7: 30 P.M. , . Friday,.. January 18, 1963 at the Town Office, Main
Road, Southold, New York.
There were present: Messrs. Robert-W. Gillispie, Jr. ,
Chairman, Robert Bergen, ,and Charles Grigonis, Jr.
Absent:, Mr. Serge Doyen,, Jr.
PUBLIC HEARING: Appeal No. 538 - 7: 30 P.M. (E.S.T. ) , upon
application of John Sidor, Mill Lane, Mattituck, New York, for a
variance in accordance with the Zoning Ordinance, Article III,
Section 304, for permission to locate dwelling with a front yard
setback of 22 ft. on 'a corner lot. Location of property:. Conklin
Road and County Route 27A Extension,. Mattituck,. New York. Lots 17
& 18 on map of Garden Heights. Property bounded myth by Lot 19 -
Terry & Hill, east by Lots 33 & 34 - John. Sidor, south by County
Route 27A Extension, and west- by-Conklin Road. 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 -2- January 18, 1963
THE' CHAIRMAN: Is there anyone present.- who wishes. to speak . .
for: this application?
JOHN A. OIKEEFFE, ESQ. ; - Mr. O'Kee'ffe- stated that- he appeared
on behalf of Mr. Sidor and pointed out on the map the location of
the foundation, building and road,. and the taking line of the% County
for the new road. Then Mr. O=Keeffe -explained that the lot is a long
way from the road line itself, .actually. over 185 feet from the road
liner and the foundation was.' placed 22 feet . from the lot line.
Mr. Sidor made an attempt to buy additional land but was turned
down by the, County. The County wrote a letter to the Board of
Appeals (which Mr. o'Keeffe -presented to the Board) stating that
the location of the house in the present position would in- no way
affect the County' s use of'. the ,property they have acquired. The
. . County recommended that the Board, of Appeals grant- a variance ,to
'Mr. Sidor so t hat"he may .locate the structure on the foundation he
has .already built.
THE CHAIRMAN: When did you buy the lots and the house?..
MR. SIDOR: I bought the-..lots within the last three or four
months and ,I bought the house before that.
THE CHAIRMAN: When were you officially aware the County was
going to condemn for this road?
MR.- SIDOR:. 18 years ago if you want to go back that far. Last
year I knew for sure. They did not say 'they were going to condemn
but the surveyors were working . in .there.
THE CHAIRMAN: Is there anyone .else 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. )
After investigation and inspection the Board finds that the
County of Suffolk condemned,.prope rty between Mary's Road and
Conklin Road, . Mattituck, for the purpose of constructing ,County
Route Extension 27A. Mr. John Sidor purchased land immediately
Southold Town Board of .Appeals -3- January 18, 1963
Adjacent to. this condemned property and a house located within
the taking line, with the purpose{of relocating the house on this
newly acquired property. A foundation for the house, was constructed'
and then it was discovered it was inadvertently placed'22 feet from
the property line adjoining the County property. The County advises
thatthis house will be approximately 80 feet- or more from the . curb
line of the highway.
The Board finds that- the street line and not the "taking line"
is the determining factor- in. considering- whether' or not a variance
of this nature will defeat the purpose --of the Zoning ordinance.
The Board finds that strict .application. of the- ordinance will,
produce practical difficulties or--unnecess-ary 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 would not change the" character of the district.
On motion. of Mr. Gillisp.ie,..seconded by Mr. Bergen, it was
RESOLVED that John Sidor be, granted -permission to locate
dwelling on a corner lot with a 'front yard setback of - 22 feet. on
the southerly side, facing Middle Road .Extension County Route 27A.
Location of' property: Conklin Road -and County- Route 27A Extension,
Mattituck, New York, . Lots 17 & 18 .on map of Garden Heights.
Vote of the Board: ayes: - _ Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
PUBLIC HEARING: Appeal No. 539 - 7:45 P.M. (E 'S.T. , upon
application of John Sidor, . Mill Lane, Mattituck, New York, .for a
variance in accordance with the Zoning Ordinance,- Article III,
Section 300, Subdivision 7, for permission to locate detached
garage 5 feet from the southerly property line bounding property
of the County of Suffolk reserved for highway purposes. Location
of, property: Conklin. Road and County -Route 27A Extension, Mattituck,
New York, Lots 17 & 18 on map of Garden Heights. Property bounded
north by Lot 19 - Terry & Hill, east by Lots 33 1& 34 - John Sidor,
south by-.County Route. 27A Extension , and west by Conklin. Road. Fee
paid $5. 00.
Southold town Board of Appeals -4- Janua y .18, . 196.3
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. S IDOR: I. do.
ffi2. BERGEN: I looked this property over and I would like to
know where the cesspools are to be located?
MR. ' S IDOR: The cesspools are to be in ' the northeast. corner
of the property because the land s,lopes ,down there. I want- the
garage to face Conklin Road and the best location is in the south-
east corner with the door facing west. There 'is 8 ft. .difference
between the higher property and where it falls off. You could not
- have the lines to the cesspools running up. The well point is to '
be located in the front.
;THE CHAIRMAN: Is there anyone else .present who- wshes to
speak for this application?
(There was no response. )
THE CHAIRMAN: Is there':anyone. present who wishes to speak
against this applicaition?
(There was no response. )
After investigation and inspection .the "Board of Appeals
finds that this applicant has an unusual parcel of land. It
faces County property reserved for highway purposes and another
street making it. a corner lot. On. the southerly side of the lot- ,
adjoining, County property there is approximately 60 feet from the
property. line cf the applicant. to the curb line of the proposed
County highway, therefore the garage will be .approximately 65 'feet
from the curb line of the highway.
The Board further finds that it is necessary for this garage
to be located. in the southeasterly corner of the property because
the applicant must place his cesspools . in. the northeasterly .corner
due to the contour of the lot. -The lot slopes downward "toward the
northeasterly corner and upward toward the southeasterly corner.
Southold Town Board of Appeals -5- January 18, 1963
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 would not change ,the . character of the district.
On mot ion'. of Mr. Gill ispie, . seconded by. Mr. Bergen., it. was
RESOLVED 4that John' Sidor be granted permission to locate a
detached garage 5: feet from -the southerly -property line of. his
property bounding property .of the County of. Suffolk reserved for
highway purposes. Location of property: Conklin Road and County
- Route 2.7A Extension, Mattituck, "New York, Lots 17 18 "on 'map of
Garden Heights. This garage shall be no closer than 5 ft. to the
southerly property line and no closer" than 3 ft. to the easterly
property Tine.
Vote of the Board: .Ayes:,- Mr. Gillispie, Mr. Bergen, and
.Mr. Grigonis.
The decision in the ..matters of the John. Sidor appeals are
made with all due respect to a former member of the Board of
Appeals who does not agree with these decisions.
PUBLIC HEARING: Appeal No. 5371 - 7: 50 ` P.M. (E.S. T. ) , upon
application of E.- Kenneth Tabor, Orchard. Street, Orient, New York,
for a special exception in,'accordance -with the Zoning Ordinance,
Article X, . Section 1003A, for permission to renew labor camp. ,
,,permit for existing labor camp facilities. Location of property:
south side' Orchard STreett. Orient, New York, bounded north by
Orchard Street, east .by E._ K. Jagger, south by- Percy- Douglass,
and west by 'H. - G. Tabor 'Estate. Fee paid $5. 00. . . .
The Chairman opened, the hear'ing. 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.?
Southold Town Board of Appeals -6- January 18, 1963
MR. E. KENNETH TABOR: This camp is the same as it was when
it was granted last year. I request that you renew my application.
MR. BERGEN: Has the police ever been called down the re in the
past year?
MR. TABOR: Not that I know of.
MR. BERGEN: Were there any fights or disturbances you did
not approve of?
MR. TABOR: Not that I know of.
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 this
applicant wishes to renew his permit for a labor camp which was
granted in July, 1962. This camp has been in continuous existence
since 1951 and has been commended by organizations which have
investigated migrant labor camps in this area.
The Board finds that there have been no complaints concerning
this camp during the 1962 operation. Mr. Tabor maintains this camp
in accordance with the 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 byreason
of the elimination of cooperative housing for approximately 200
workers formerly housed at the Greenport 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
area tool as essential to local agriculture as tractors. According-
ly our findings have not changed essentially since July 19, 1962 as
outlined in our action of that date, based on Appeal No. 486. of E.
Kenneth Tabor.
Southold Town Board of: Appeals . -7- January 18, 1963
The Board finds that the public convenience 'and welfare and
justice will be served and. the legaliy 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. Grigonis, seconded by Mr. ' Bergen, it.was
RESOLVED that E. Kenneth Tabot' be' granted permission to
renew his labor camp permit on property located on the south
side Orchard Street, 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 19, - 1962. Accordingly
these find-ings .have not changed essentially.
Vote of- the Board: Ayes':'- Mr. Gillispie, Mr. Bergen, and
Mr. Grigon is.
PUBLIC HEARING: Appeal No. 536. -' 8: 15 P.M. '(E.S. T. ) ,. upon
Application of George W. 'S'mith, & :Sons, Inc. , Main Street, Southold,
New York, for a special exception iri.accordance with the Zoning
Ordinance, Article IV, Section 408, Subdivision (a) ,. for permission
to erect a second ground sign on the business property -of George
W. Smith & Sons, Inc. , east,. side Route 25" Southold, New -York.
Property bounded north by G. W. Smith,. east by Ellis Terry, . south
by' G.. W.. Smith, and west by Main, 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?
MR.. DANIEL SMITH: I will take down the several other- signs
on the property, with the' exception of the ground sign' on the east
side of the property. I have already taken down the roof : sign and
SCHEDULE "A"
TOWN OF SOUTHOLD, NEW YORK
Al;'1i'ION OF '01F ZONING BOARD OF APPI?ALS DATE � �.....���.....���
Appeai r:o. 486 Dated July 10, 1962
.AC';IOiv OV THIL.. ZONING 'ARR BOARD OF APPEALS OF TI,1E TOWN OF SOUTHOLD
M. {,k
To Orchard Street Appellant
orient, Now York
at a me,-Aii:.g of the Zoning Board ,of Appeals olghursd ayg July 191, 10*2 the appeal
',vas considered and the action indicated below was t2ken an you,-
j Bequest for variance due to lack of access to property
(X) Request for a special exception under the Zoning Ordinance
c t Request for a variance to the Zoning Ordinance
t 1
1 SPE(AAI: EXCEPTION. By resolution of the Board it was determined that a special exception E ) be
granted ( ) be denied 'pursuant to Article .......�................. Section 1. ��....... Subsection .............................. paragraph
........................ of the Zoning Ordinance, and the decision of th^ Building Inspector fX ) be reversed ( ) be
confirmed because jtfUr Inv*stigaation and inspection t board finds that
'l2f o applle*tion is oos"immd by an oxW&nsioa of itho appliaant°e
pgaart*it lab" Camp. Due to fro disamtinuanco of ! Gre4mport
AftotelM Saflalk Ce%Mrati'awir Lob** C 'The ftrJaO ra Mot hOU80
&"Ltiomal. temporary help.
This caup has berme in contintseum existame since 1951 and
has beou CCMMMMe*d by arq MtSationa whith MMO i sU%sted
sigraant labor cimpe in this ar oaa t
1. VAR;fANCb:. By resolution of the Board it was det^rnriined that
(a) Strict application of the Ordinance (would)(would 'not) prudace practical difficulties or unnec-
essary harclship because
(n) The hardship created (is) (is not) unique i.n.d (VIDUict) (would- noL) be shared by all psol:crti s
alike in the immediate vicinity of this property aria in the sam, use• district because
'Cr '�;!t "v2i �:C` ((1Gt'al i'iG:'� :r��l L)l:S�,Vi. ;lie 3_)1:'I:. .1 ll;t` ii1C)1l l'.t T1CC •11iG I,',"'J11._ r i�J:-�;'.l_' ,._ '
P.(r ii1CI'el0ie, !t ',t'�il furl.liej '1et•:ra]1nul ti-lat "k-11
a;ld th41 t(:e previQti.> t'eC"' icris :)i th'; 7--iuildiw ln-pe,GLor ( h!' i,)Illl lel'.'t) f ! ;r4• i.".,
(continued tram trvot)
vhs present carp is being reaodeled to oow1a3M to tbs
strict setulations of tho County Health Departs"t and another
building is being added, and this ne++ coastsoction will further
Ha d- raise the carp.
r&" is open tam country and the uie of 00-001164 Ui9vMt
Labor is an accepted practi as 04 in the past bas not been
ob jOctionable.
W is type of tam labor is essential for the envadact of Meee
farces and all cawfe are under rigid suparriAlon of tbs Connty health
au%horities ae well as inspection by otate policy at re"lar
lat"Vals
sine board finds that iraw Adh an this type of labor coop
an the texas► at acti" owners is 4091Rit:ely a re"irOment !br
the operation of the local taxlas a permit valid vati2 DeaeNSeer
21. 1962 shmld be issaed. The a,ppl LCOUt: wiAhes to lr&reasa
the capacity of tho emp !arena 14 to 1S• "IS limited time rill
give all Caaaesned an oppertu pity to oba►erw tb* +tmawt and
result of these a s. All of the x ireseats and standards set
forum in the Ordinance bow bow rot.
%%"s t+otre it was UMOCAW that R. XONSOW TabOr be VX"ted
posni"imo to Sal"" bis existing labor amp fteilitiea. '!firs
Permit noway! be Issued until De embec 31r 1062 fae the bft*"*
of is wedcess.
lb" flailed tlws will give all awcexwod an oppertwettr
to Observe tM emdwet and result of these amps.
•e 4S !.li. upew a}pliaation of t. FAWA100 lWMW l
t�ellora otseet► orient. NNW vwk,, lbs a "Pow Alt M La
r a dna�r with dw Hem"* ordAmnser >lrtiaU Ze svd i a Lem#
toy perm"M UM to ealarye ems"tum Lunar an* fte"ItlM*
Leeatum of Iwo" a a►/i+ orckaga street. CwIMt. Dar 'fit,
begs&& ppstk by 0XIb"d •treete /WAX b1f Poser omqlwwr east
by it, X. Jagger and neat by Sh Q. �r satate.
+Rt
r
Southold Town Board of Appeals -8- January 18, 1963
the sign on the telephone pole guy wire that said "real estate".
The broker sign on the front of the building is required by law.
The sign on the west side of the property which is about 6 ft. by
8 ft._ I would like to leave with the letters painted out. It is
blank at the present time. This sign hides some ladders which
we have stored on the west side of the building. The purpose of
this new sign is thatwe are in the real estate business and
intend to start advertising Fairview Park a subdivision and as soon
as some of the :, ads are answered people will want to know where to
find us. This proposed sign will be located at the southwest line
and the other ground sign we now have will remain on the other
side of the property.
THE CHAIRMAN: I believe it will be necessary for you to
remove the sign on the west side of the property which you want
to paint- out and use as a shield. That would still be considered
a sign.
MR. BERGEN: I agree with that.
MR. SMITH: I will gladly remove that sign and I can put
up a lattice to hide the ladders.
(The Chairman read the report prepared by Mr. Rosenberg, a
former member of the Board, who had worked on this sign matter
with Mr. Smith before his resignation. )
THE CHAIRMAN: Are there any other questions?
(There was no response. )
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 has a business building in which three separate businesses
are conducted, a real estate, hardware, and building business. The
new sign will pertain to "Fairview Park", a new subdivision being
developed by the applicant. This property contained sevEEgl
additional ground and wall signs, but the applicant is in/process
of removing them. There now remains a ground sign on the north
side of the property, a real estate brokers sign by the office
entrance which is required by law, a 11G.W. Smith & Sons, Builders"
sign on the front of the building which will be removed, and a
Southold Town Board of Appeals -;9- January 18, 1963
ground sign on the' south side of the building which has, been :
painted out and will be _removed.
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. Bergen, it was
RESOLVED. that- G.- W. Smith & - Sons, Inc. be granted permission
to erect a second ground sign 8 ft. by 6 ft. . 6 in'. on the south
side of. their- property, no part 'of this sign shall be closer
than 5 ft. to any property line and the lower edge shall be at
least five feet from .the ground level. ' The wording on the sign
shall: be "Smiths', Real Estate.,,, Fairview Park, Homesites. "
The applicant will remove. the existing front wall sign and
the ground sign on the south side of the property which has been
painted out. before' the erection..of the proposed- new sign.
Vote of. the Board:" Ayes::- Mr. Gillispie, Mr. Bergen, and
' Mr. Grigonis.
On motion of Mr. Bergen, seconded by Mr: Grigonis, it was
'RESOLVED that the minutes of January 3, 1963 'be approved as
submitted.
vote of the Board: Ayes:.- Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
Mr. Joseph Diaz of Greenport- appeared before the Board to
informally- discuss the property -of-Mr. Nelson Beebe,, . Madison
Street and Wilmarth Avenue, . Greenport. If- Mr. Beebe locates
his proposed house 35 ft. from Madison Street he will require
a side yard reduction,. and if he" locates the house with the
correct 10 ft. side yard he will require a special exception
for the front yard .setback reduction. The Board advised that
Southold -Town. Board of Appeals -10- January 18, 1963
...they felt the side yard reduction rather .than front yard reduction
would be -the best solution. Mr..- Diaz advised he would speak to
his client before making any application to the Board. It was -
later established that. this lot is one of the old single ,lots
established prior to Zoning and the Build�n'g Inspector may reduce.
the side yards up to 50% without .the neces'sty .of a special
exception.
Mr. Bergen briefly discu"ssed 'lots owned by Mr. Jim' Wasson.
at- East- Legion' Avenue, . Mattituck.
The next meeting of the Southold Town Board of Appeals will
be held 7: 30 P.M. , Thursday, January .31, 1963 at the Town Office,
Main Road,. Southold, New York.
On motionof Mr. Bergen, seconded by Mr. Grigon is, it was
RESOLVED that the Board of Appeals set 7: 30 P.M. (E.S.T. ) ;
Thursday, ._ January 31, 1963, Town Office, Main Road,. Southold,- New
York as time and place for hearing upon application of Ralph
Walty, Main and Second Streets, New Suffolk, New York, for a ,
special exception in accordance with the Zoning Ordinance,
- Article IV, Section 400, Subsection 1 as 'it refers to Article
III,. Section 306, for permission to reduce front yard setback
on a corner lot of residential use in a business district.
Location of property: ' north side Main Street- andeast side
Second Street, New Suffolk, New York, bounded north by Rogers
and Avent, east by Januick and Maj eski, 'south by,-Main Street,
and west- by Second Street.
Vote of the Board: A yesr-.-. Mr.' Gillispie, Mr. Bergen, and
Mr. Grigonis.
On motion of. Mr. Grigonis, seconded by Mr. Bergen, it was
RESOLVED that the Board of. Appeals s.et 8: 00 .P.M. (E.S.T. ) , .
Thursday, January 31, 1,963, .Town Office', .Main 'Road,. Southold, New
York as time and place for hearing upon application of Lefferts P.
Edson, Bayview,. Southold, New .York, for a special exception in
accordance with the Zoning Ordinance, Article IIIr Section . 300,
. Subsection -3A, , for permission to improve and expand a non-
commercial marina in a, residential district. Location of
Southold Town Board of Appeals -11- January 18, 1963
property: south side Bayview Road, Southold, New York, bounded
north by Bayview Road, east by R. L. Hammel, south by Carey
Creek and west by James Bitses.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
It was FURTHER RESOLVED that legalnotice of hearings be
published in the official newspaper on January 24, 1963.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
Meeting adjourned at 10-00 P.M.
Respectfullysubmitted,
c.✓
Judith T. Boken, Secretary
q � �
�ra ran oard
o ppea s