HomeMy WebLinkAboutZBA-05/23/1963SOUTHOLD, L. !., N.Y. sl~o,~So
APPEAL BOARD
MEMBERS
Rober'~ W. ®][][s~ie, Jr., Chairman
Roberf Bergen
Ch~r,e~ Grego~h
Serge Doyen, Jn
Fred Hulse, Jr~
MINUTES
SOUTHOLD TOW~ 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, Soubhold~ New York.
There were present: Messrs. Robert W. Gillispie,
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 R~ te 25~ east by C. Sledjeski, south by
L. I. Railroad, and west by Sage Boulevard. Fee paid $5.00.
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 C~AIRMAN: 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° W/~reas 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 thers 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 CHAIRF2~: 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.
~outhold Town Board of Appeals -3- May 23~ 1963
T~E 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 CHAIR/w_AN: You will be permitted to maintain the existing
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 is s~atus 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 mairfcained 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 marinaswhich 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
3ustice will not be served and the legally established or permitted
use of neighborhood property and adjoining use districts will be
permanently or substantially in3ured 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 ino directional and advertising sign
on the property of Charles S. Sage, south ~i~e Route 25~ and Sage
Southold Town Board of Appeals -4-
May 23, 1963
Boulevard, Southold~ New York. However, permission is granted
for Mr. Young to maintain his present 4ofto 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 resctutiono
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
Mro Hulse.
PUBLIC HEARING: Appeal No. 564 - 8:00 P.M. (E.D.S.T.) ~ upcn
application of Peter Sledjeski, Main Roads Orient, New York, for a
special exception in accordance with the Zoning Ordinance, Article
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. Dy~'r~~ 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 Cutcho~ue/is closed and it
camp
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.
Southold Town Board of Appeals
May 23, 1963
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigationand 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 over ten years.
The Board finds that there has been no complaints concerning
this camp during the 1962 operatiDn. Mr. Sledjeski maintains the
camp in accordance with Health Department and State rules and
regulations°
The compelling reason for granting a special exception to
oparate 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-
tQrs~of farms conduct their operation in various locations necessitating
housing withe%he 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, howevers we believe that the operation of
l~Dor camps has vastly improved in recent years and that such camps
are~ 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 Sledjeskio
The Board finds that the public convenience and welfare and
justice will be served and the~legally established or permitted
use of neighborhood property a~d adjoining use districts will not
be permanently or substantially in~ured and the spizit 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 t~Dor camp permit on property located on the south side Route
25, Orient, New York. This permit shall run for the calendar year 196~.
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TOWN OF SOUTHOID, NllW YORK .
..;
ACTION OF THE ZONING BOARD 'OF APPEALS
DA TE J.P.ly...~fi.~......1962
Appeal No. 481
Dated July 2. 1962
ACTlON O~' TH.E ZONING BOARD OF APPEALS
Kad " peter Sleclj@aU
Millo ROJad
Orl<:nt, Sew 'lrot~
OF THE TOWN OF SOUTHOLD
To
Appellant
at a mectil'g of the Zoning Board ;of Appeals on 'Ihursilay, .1uly 26. 1962
wa.s considered and the ,action indicated below was t2ken on your
I 1 Request for v.ariance due to lack of access to property
~) Request for a spedal -exception under the Zoning Ordinance
Request for a vari'ance to .the. Zoning Ordinance
the appeal
f )
1. SPE(,IAL EXGEPTION. By resolution of the Board it "'.as determined that a ,spedal exception (;K) be
granted ( ) be denied !pursuant to Article ......~.................. Section ...........~~~!~ubsection ........."'............_.. paragraph
............ ................ of the Zoning Ordinance, ..nd the decision of tho Building Inspector (2) be ""versed ( ) be
confirmed beeausc: i'\fUr !nveaf:ll9*t1.on and 1nspect.:l.on the ~d fJ.na. ttult.
1:1\. .pp'u'c;:auon 4s occuton(!1! by an expana:Lon of th~ AppUcant.'.
pnaent. labor camp. D\\et,Q the 4iSI:Qnt1...uftn<:e of the CteenpoJ:t
Ea.t.em Suffolk cooperaUve tAbOr CiJL~ the fart!1eUl !':lust boUle
a4:Uttonal t.~t.1:Y belp.
'nU.' cl!IIt\P hat been In continuous exiGtenco for over ten
yeara. ~Sa CaIIIP 1e being remodeled to t:Onform to thi;l st:dct
regulation$! Of the County Health Uepartment..
{OVe% t
2. VARIANCE. B~' resolution of the Board it was dete.rmined that
(a) strict application of the Ordinance (would) (would not) produce practical difficulties or unnec-
essary hardship because
(0) The ihardsllip created (Is) (is not) unique =d (would) (would not) be shared by all properties
alike in the immediate vicinity of this prope)ty and in the sam" use district because
(c) ThE var:ance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
c hangethe .character of the district beclllUse
and therefore, it was further determined that the requested varia~JCe ( ) 'be granted ( }be denied
and that the pNC.vious decisions of th'e BUilding In-'Pector ( ) ,be confirmed ( ) be reversed.
ZONING BOARD OF APPEALS
FORM ZB4
<,r
Judith ~. aoken.secret.~
.
.
-.
~
(Cont:1nucd fi:om ft"ont;)
'l'h1s W Open faL'm eountq Qnu the uife of l'JO"'called l'lli~rant
tabor 3.S an ~ecegted pxaetke end .in the past has not been
Objectionable.
'1'hl. type o~' am lMoJ: U ~s8ent$41 fOl: t~:. conduct oiJ
tbaJe farms and aU eampa CU'e undcxo %'1914 supetvlaion of the
County Health authOJ:'.1Ue$ as well as wpeet10n by Stato voUce
at a:egulu tntet'valG.
~e aoatd tit&\U that inaslI\uch U th1s type of labor camp
on the fai:'ma of act:l.ve owncta 119 deftlnite1y 0 t~uement tot the
oI*latton of the local fat'nlS " pem1t valla untU iOccembet' 31.
1962 aboula ~ leaue13. ?!he applicant wUhe8 t.o enw.;se the
capacity of the camp to etc;bt wtll:kU$. 'rbt\ U.t'11ted time wUl
gil.vo aU conc<:med an opport.t:n11:y to obseJ:Ve the conduct ana
~sult. of these camps. {\$.11 Of tho ~uemeuts and et2r.ul1lltrQe
set: forth 1n Ule ()rd:manee have been met.
Thm::ef'ort) it was RtSOLWD that lXa:d anti Petet' Gledjelil~l
be granted per:m1884On t.o enWlJe theU ex18tin;;J lebo): carcp
facU:lti.e.. 'rhe ~s.t fofhOUld be Usued untU Dec:cl'i\'ber 31. 1962
tor: the hous1J1g of! e1sht wotkers.
'mUl lUmS,tcd ume ~Ul g:1ve aU. eoncemefj an opportur It:1
t.o ObServo the condUct and :tCsult. of these ('amps.
.. .. ..
$:15 lMt. UJ.D.S.'4:'.), upon aJf.vU<,aU~ of Kad ana !1~
s~eajelf!\.~. !~tn ::wall. Qdent, l:rcw Uotk, fo;r a upe(:1i!11 ~;;;:gt1on
$n ecc>.Ird.mce tJi.t."} the ~~on1nJ G#dinance. firt1~() ~. acetUm 1003a.
for p1'm:l.l:ioi'Jn to enUu:go eJIIl!;;;t1nSi ~r camp taciUtlca.
LOcation Of proP(j~t)/'J aouth stde p.cute 25, Orlent. NC~w YotlG,
tcundea north by v.atn ROad, east:by 3. a. OtOskOSJd.. south bV
J. 'tuthiU Q; J. Over. I!M'ld west bV J. 'l'UthUl ana J. 9yor:.
.. . ..
Southold Town Board of Appeals -6-
May 23, 1963
See Schedule "~':- 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 Boar~: Ayes:- Mro Gillispie~ Mr. Doyen, and
Mr. Hulse.
PUBLIC HEARING: Appeal NOD 565 -- 8:10 P.M. (E.D. SoT.), 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 pub~lication 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. He,as 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~e 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 Estate~ George EdWla~ds
and Mr. King thought a change of zone would solve his problem. This
change of zone was denied. Mr. King, how many boats do you have of
your own?
M~. 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 CHA~: Is there anyone present 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 pgssession 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
series~of 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 f£hd~ 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 agamn for everyone to see.
Mr. King had a list of expenditures covsring 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
~hat 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 cfMr. Gillispie~ seconded by Mr. Doyen, it-was
RESOLVED that the B~ardi~o~ Appeals adjourn the hearing on
Appeal NOo 565 for a special exception by Edwin H. King to July
25, 1963.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Doyen, and Mr.
Mulse.
PUBLIC HEARING: Appeal No. 566 - 8:30 P.M. (E.D.S.T-), upon
· k Naugles Drive, Mattituck~
application of Matt~tuc Docks, Inc.,
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
~he 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 CHAIRMAYN: Is there anyone present who wishes to speak
for the application?
A representativ~of Ampfar Asphalts and Mattituck Docks
appeared to answer questions of the Boar~ They stated that the
purpose~f 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 l~cated 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 representativssof Ampfar Asphalt and Mattituck Docks
suggested October 1~ 1963 as the deadline.)
After investigation and inspection the BOaRd finds that the
proposed portable asphalt plant is a necessity for the work being
don~e in Mattituckb~ilding 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 P.M. (E.D.SoT.)~ 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 and I thought it wasn't quite 10 feet and I told the
1~ · d permit for just a few
Inspector about/and he said he woul issue a
inches. I said 9 ft. 6 ino or 7 ino and he okayed it and I went
on and built the addition and then the neighbors thought I was
Southold Town Board of.Appeals -11-
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.
TP~E 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 ne~er 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
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 Roa~ Cutchogue.)
THE CHAIRMAN: Is there anyone else presentwho wishes to
speak for this application?
~IRS. MORTIMER~CONKLING: We did not want to get 9 ft. 1 inch
from the line, 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. CONE]LING: Mr. Senko said five or six weeks ago he would
not do anything further about it.
FiR. 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.
Southotd Town Board of Appeals -12- Ma~ 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?
have a 75 fto lot.
(It was determined that Mr. Senko has a 175 ft. loto 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 w~hho.l~d decision until I see if I can do
that?
T~E CHAI~: 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. Gitlispie, Mr. Doyen, and
Mr. Hulse.
PUBLIC HEARING: Appeal No. 568 - 9:00 P.M. (E.D.S.T.), upon
applicationof Llgyd E. Terry, Main Road, Orient, New York, for a
special exception in accordance with the Zoning Ordinance, Article
X, Section 100~A~ 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, scuth by Long Beach Bay, and west by Mrs. E. W.
Latham Estate. Pee 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 CHAIRMA/~: Is there anyone present who wishes to speak
against this application?'
(There was no response.)
After .investigatdonand 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. Hulse.
Mr. Giltispie~ Mr. Doyen, and
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 GrandAvenue~ Mattituck~ New
York, bounded north by Woodcliff Drive, east by Grand Avenue,
south by Jo Dillingham~ and west by'E. Moisa. Fee paid $5.00.
The Chairman opened the herring by reading application for
a variance, legal notice of hearing, affidavit attesting to its
publication in the official newspaper and nc~ice to the applicant.
(~ne 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?
MRo ALLAiN 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 with the doors facing the west so we will not be
TOWN OF SOUTHOLIJ, NEW YORK
,\CTION OF TilE ZONING BOARD OE APPEALS
DA TE ~.I,I.+.Y.....!,i..f.....~ 962
Appeal No.
482
Dated
.lUne 26, 1962
ACTION OF Talc ZONING B,oARD ,oF APPEALS OF THE T,oWN OF S,oUTH,oLD
LJ.oyd E. Terry
'Do Main Road
Or1ent., N"-'W YOrk
AppeUant
nt a mectil'g of the Zoning Board of ApP2als on Thursdey, July 5, 1962
was considerf'd and the ,Uiction indicated below was taker::. on your-
) R,equest for variance due to lack of access to property
(X) Request for a special exception under the Zoning Ordinance
R,2ques~ for a variance to the Zoning Ordinance
the appeal
1. SP,EG]AL EXCEPTION. By resolution of the Board it w.as determined that a spedal €xcepti,on ( ~ be
granted ( ) be denied pursuant to Article ........:lC...........section ..~.~.~.... Subsection .............................. paragraph
of tl1f' Zoning Ordinance, and the decision of thf' Building Inspector (X) be!'€versed ( ) be
conf~rpled because' ,ft:er t.nv..t:1gat.1on and tnspeet:1oll the Board finds tbat
me pnlMat; ...Uc:et:ion 18 ocaa1Ohed ~ 1m .......icm of the
appl1cant:'. pr..nt: laJ:lor camp. 'l'be detaU.. of thia expaaalon
baYe bMQ QPJ:OVe4 1Jy t:he IlOUd of Health. 'l'M nallOn thu
_....1on e__ to thu ItolIrd 18 aolely Meade of the fact:
t:ba tIppl1cant:, a1M:. ....bUeb1n9 hu CMP ~ ~.X'a 890 dON
to bi_ then place of l'us.denee NUl lll1nee shift.d his l'es14ence
to 8 location about. a aU. hom his _1ft openUcn. '1'hd the
pz-ea.t labol' caJIIP is loc:aUd cloaex' to h1a lIIOther'. PlI14lmc.,
h1a Jo~ ru1d8Dce, than to h1a pce...t baae. (OYD)
2. VARIANCE. BJi l"'e.solution of the Board it was det2nnined that
(a) Strict application .of the Ordinanee (would) (\\'Quld not) produce practical difficulties or unnec-
essary hardship because
(0) The banl:sl1iv created (is) (is not) unique and (woulet) (would not) be shared by all properties
alike in the immediate vicinity .of this property and in the same uSe district because
(c) Thl var:n.nce (does) (does not) .observe the spirit of the Ordinance and (would) (would not)
change the eh,tuacter :of the district beca.use
and therefore, it was further determined that the requested variaJ:1cc ( ) be granted ( ) he deni'ed
and that the pnvious decisions of the Building Inspector ( ) be confirm,ed ( ) be rev,ersed.
ZONING B,oARD OF APPEALS
F,oRM ZB4
Ju<S1th T. SOken, secl'eta.ry
(Continued frOlll tzont)
'.t'he expa...,1on of pa'aeeat; li1bo&' c-::r.... on ..... 18 occ.atoaed
by ceaaatiOll of the op8Z1IUoaB of ~ BaaUz'n Suffo1Jl: Cooper.Uw
1n Greenport, fo~ly. large 8~1_ of JUM>>: 1n the ar...
'ftae Board fJaclll that t:be atan4lu:4e _4 CClft4.'l.UODII aet ton:h
in the O~nIIIlee ~ fully C!CIIpUe,~ 'dth a....d .. peZ:1l1t vaUd Wltll
Deer ~~I' 31, 1962 1Ibou1d be U8Ued.
'l'b1a 11l1l1ted t.1..IIIe will ~1. everyone coac:ened further to
study the at.ur and obae1l'Vt!l t:he reaulu.
'ftaeretor. it WU DaOlLYBD that Lloyd B. Teny be iUDted
pemJ.adon to expaa4 h1a pnaent. print. 1~ C!IIIIIp located on
the aouth aide of _to RoII4, OZ'Ulllt. 1Mw York. A puaait val1d
uDUl Dec...o..r 31. 1962 ehould be UIIUii/<5.
.. . ..
9tOO P.M. (E.D. S.'1'.), tJ}?On dp'pl1cat1cn of Lloyd E. Tarry,
Mato Road, Orient, .ew Yor:k, for. apec:Jal exeept.tDn 1n accard-
ance wlt:h the Zonuq ordtoeee. Artlcle X, Sec:tlol1 1003&, for
peZ1Ltaalon to ~ hl8 pzoeaent private 1aI:Ior c-.p. Location
of p&'O~, south 81de ....in Road, OZ'1tmt.. 1Mw Yon:. propeny
bouDded 4<),,;th by M111n Road. ...t by S. XOr:oJ.ealtl and R. & H.
1oatha, aouth by .Long Beach Bay, &nil west by Hnl. E. W. 1oath_
Eatate.
. . .
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-
5rard 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 moneyo 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 pa~ the 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 CF3~IRMAN: 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 f~ont yard setback on a corner lot
from 30 feet to 20 feet. This lot is 239 feet deep on Woodcliff
Drive wkich 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 ordirsace 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 Co 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. 570 - 9:30 P.M. (E.D.S,T.)~
upnn application of Rudolph Dalder, 111 Beach Road, Westhampton
Beach, New Yorkt 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, Subdiv~ ion 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 pze 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 ~_~g, the garage
in the fron-tyard because the property faces on Peconic Bay.
After investigat~n 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 applicat~n 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
~SOLVED 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 Yor~.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Doyen, and
Mr. Hutse.
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~ ea~ and 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 s~ak
for this application?
MI{. THOMAS MOLIN: t 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 Ka%z, 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 nQ 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 wet, re and
3ustice 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 p~operty
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.
Huise.
On motion of Mr. Gillis~pie_, 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 Southotd 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 Way 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~ in determining the location of property lines~ and ~/
"W~EREAS the Board of Appeals of the Town of Southold has
recommended that the Building Inspector be authorized to require
the owner~ 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, ~ow 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
~nether or not the proposed structure will be located the required
distance from the property lines."
On motion of Mr. Gillisple, seconded by Mr. Doyen, it was
RESOLVED that the Board of App~ ~ls set 7:30 P.M.
Thursday, Jun~ 6, 1963, Town Office
as time and place for hearing upon
Main Road, Orient, New York, for re
ance with State of New York Town La~
property: private right-of-wayt of
New York, bounded north, east and s,
west by Louis M. Demaresto
vote of the Board:
Mr. Hulse.
(E.D. ST. ) ,
Main Road, Southold, New York
~plication of Robert Demarest,
~.ognition of access in accord-
Section 280A. Location of
north side Main Road, Orient,
)uth by Harrison Demarest?r&nd
Ayes:- Mr. Gillispie, Mr. Doyent and
On motion of Mr. Doyen, seconded by Mro Hulse, it was
RESOLVED that the Board of Ap~
Thursday, June 6, 1963, Town Office
as time and place for hearing upon
1822 Relyea Drive, North Merrick, 5
accordance with the Zoning Ordinan¢
Subsection 7t for permission to er~
in the front yard area 24 feet fro~
lot located on the south side of ~
Road, Howell open Development~Area
north by right-of-way, east by A.
Bay, and west by R. cahill.
~als se~ 7:45 P.M. (E.D.S.T.),
, Main Road, Southold, ~ew Yo~c,
application of William J. Tufano,
ew York~ for a variance in
e, Article III~ Section 300,
ct a private detached garage
· the front property line on a
e West Branc~ of Camp Minsola
Mattituck, New York, bounded
[. Milligan, south by Peconic
vote of the Board: ~;es:- Mr. Gillispie, Mr. Doyen, and
Mr. Hulse.
On motion of Mr. Hutse, 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 Appeals -21-
May 23, 1963
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: 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.
Huise.
On motion ofMr. 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 ~cad, Southold, New
York as time and place for hearing upon application of George
Ahlers, a/c Catherine Ruschman, Eugene's Road, Cutchog~ue, 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. Giltispie, Mr. Doyen, and
Mro 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. Huls~
Meeting adjourned at 11:45 P.M.
Respectfully submitted,