HomeMy WebLinkAboutZBA-06/06/1963 SOUTHOLD, L.I., N.Y
Telephone SO 5-2660
APPEAL BOARD
MEMBERS
Roberf W. G]!]ispie, Jr., Chairman
Roberf ~ergen
Char[es ®regonis, Jr.
S~rge Doyen, Jr.
Fred Huise, Jr.
M_I N~U TE 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, Cha~es 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 YorkTown Law,
Section 280A. Location of property: private right-of-way~ off
north s ide Main Road, Orient, New Y~rk~ bounded north, east and
south by Harrison Demarest~ Sr. and west by Louis M. Demarest.
Fee paid $5.00.
The Chairm~n 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.
Southold Town Board of Appeals -2-
June 6~ 1963
TP~ 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.)
TPIE.~[CHAIRMA/q: 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 investigatiDn 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 app]dcation 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 Robert 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
DemarestSr. 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. SoT.), 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 no~ice 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 CPLAIRF~AN: 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 applications have been granted for this same condition.
After investigatimn 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 Jo 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 ohS 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 HEARING: Appeal Noo 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 acoordance with the Zoning Ordinance,
Article X~ Section t003A~ for permission to renew a farm labor camp
permit granted July 12~ 1962. Location of property: ea~tside 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. 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 responses)
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 ope rat6rs
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 & Eons 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. ~ccordingly
these findings have not changed essentially.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, and
Mr. HulSeo
TOWX OF SOUTHOUl, NEW YORK
,1C'fION or THF ZONING BOARD -OF APPEALS
DA TE J..~_!y._....!.2...L..1962
Appeal No.
465
DatedJune 28. 1962
ACTION
OJ;' THE ZDNING BOARD .oF APPEALS OF THE TOWN OF SOUTHOLD
Ruaae~~ Tabor & SOOB
V111aqe .Lane
or1ent. New York
Appellant
To
~t a mectil'g of the Zoning Board -of Appeals on Tburadlly. July 12. 1962
'Nas considered and the ,Uicti'on indicated below was taken on your
) Request for variance due to lack of access to propeTty
~ Reque~t for a special exception under the Zo.ning Ordinance
the appeal
) Re-ques~ f.or a variance to the Zo.ning Ordinance
1. SPECJAL EXCEPTION. By resolution of ire Board It was dctioH~~ that a spedal ,excepti-ou (X) be
granted ( ) be denied pursuant to ArtkIe . ............ Section .................... ........ Subsection ..........."................. paragraph
of tllp Zoning Ordinance, and the decision of th0 Building Inspecto.r (X) be reversed ( ) be
c:onlirmed because' 'iter 1ftveat19at.1on and 1ftapect.1on the Board finda that
the farm 1ft queation 1a one of a."eral owned and op"'rated by the
app11cant 1ft the immediate v1c1n1ty.
l\ labor CIIIllP baB })Mon operated on the .... location Bince 1952.
Due to the diacc:nt1nuance of th. Gr-.nport. Eaatern Suffollt
coope~at1v. Labor ('alaP the fa%'IMra _at. houae the t.emporary labor.
'Itl. preMnt clllllP iaabout 2500 f..t from a 1IIIl1ft road and whlle it
18 near. rea1dence the t.enant. and owner baa given approval of the plan.
(OVEJl)
2. VARTANcr..;. By r'csolution of the Board it was determined that
(a) Strict application of the Ordinanec ,would) (would not) produce practical difficulties or unnec-
essary ha.rdship because
(0) The tbaT(i.~biIJ created (is) (is not) unique and (woOu.lc!) (would not) be sharred by all properties
alike in the immediate vicinity of this property and in the sam'e use district because
(c) Tht var:u,nce (does) (docs not) .observe the s;Jirit of the Ordinance and (would) (would not)
change the ,charader :of the district because
and therefore, it was further dete.rmined that the requested variance ( ) be granted ( ) be deni'ed
and that the pn:vious decisions of the Building In"Jpector ( ) be confirmed ( ) be reversed.
ZONING BOARD OF APPEALS
FORM ZB4
Judl th T. Bolten. Secretary
(Cont1nuecS from front)
Th1s 111 optn flU'Dl count.ry and the I.l8e of so-called m1qrant
labor 18 an accepted practice and in the past tuls not been objectLonable.
This type of fena laDor 18 s._ntl8l ffn the conduct of these
fllDlll and all CIIIIIplI are under r191d supenJ..1on of tM County Health
author1t18. &S _11 a. 1o.pectlon by state Po11ce at reqular lotenals.
'!'be Board Uncia ttult 1na8lllUCh as th18 type of 1al::lor camp on
the faJ:llllJ of act1ve owners 1s det101tely a requ1r_nt for: the
operat1on of the local tarms a pera1t valLcl unt11 December 31. 1962
ahould be 1ssued for the housloq ot 12 woodcer.. The lLmJ.t.e<S t.JJ.
will 91v8 all concerned an opportunity ~ o!>e.rve the conduct. and
result of thes. <:'8IIIpe.,11 of the- requLr_nt.s an<S standarcS8 .et
forth in the Ordinance tulve been met.
'!bare fore it was RESLLVED that Russell TaCoI' " Son. be ql'anted
pem18810n to exparnt an exist1nq pr1vate 1.4ll>>r cap. '!'b18 perJIIit
abould be .1aeued until Decetllber 31. 1962 for the houa1nq of 12 wo~ers.
The limited t.tm.w111 91v8 all coneerned an opportunity to
oburve the conduet and result of these CUlpS.
. . .
6.00 P.M. (E.D.S.T.). upon appl1cat1on of Russell Tabor"
Sons, V1ll.ge Lane. OI"1eot, N_ YorK. for a spec1.l exception
10 aecor<'lanc:e with tbeZOn1n, ord1nance. Article X. Sect.ion lOOlA.
8;)1' pflX'lll1..1on to expand an ex1i1tinq privat.e labor camp. Location
of property: ea.t .1de Plat.t. lloae!. or1_t., N_ YOrK. bounded
north by \". B. Karc:her and V. T. LeU.... ..st by It.. w. Oill1ap1fi1.
south by G. W. Hallock and ""..t. by Platt Road.
. * .
South01d 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 Ahlersz a/c Catherine Ruschman, Eugene's Roadt
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 ¥ork~
bounded north by Edward K~lley~ east by Arthur Schwarz, south by
Old Cove Road, and west by Hay~aters Road. Fee paid $5.00.
The Chairman opened the hearing by reading application for a
special exception, legal notice of hear~ g, affidavit attesting to
its publication in the official newspaper and notice to the applidant.
THE CHAI~Va%N: Is there anyone present who wishes to speak for
this application?
WILLLAM WIC~L~AM: 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?
M~. WICKHAM: I question it. I am not too familiar with t~
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 ~ough 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 ~rveys 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 ba~c 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 ~n 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 a~itted
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 monument~ 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.
TPIE CHAIRMAN: Are there any questions?
(There was no response.)
T_ME 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 onelthird of the house is usable
for building purposes.
$outhold 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 ~hlers~ 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 d~cusslon 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 onl~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. ~ulse, it was
RESOLVED that the minutes of May 23~ 1963 be approved as
submitted.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Grigonis, and
Fr. Hulseo
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. Gillispme, 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, Sou%hold, 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 fZom 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 Jo Baxter.
vote of the Board: Ayes:- Mr. Gillispie~ Mr. Grigonis~ and
Mro Hulse.
On motion of Mr. Huls~ seconded by Mr. Gitlispie, it was
RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.)~
Thursday~ June 20~ 195 ~ Town Office, Main Road, Southotd~ 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 Mro Grigonis, seconded by Mr. Gitlispie~ 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, Scu thold, New York~
as time and place for hearing upon application of Allen McCaffery,
Alvah~s Lane, and Oregon Road, Cutchoguet 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 Alvah':s Lane, south and west by S. Keleskio
vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, and Mr.
Huise.
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. To~
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 Holtis Court Boulevard, Queens Village, New York, for special
exception in accordance with the Zoning Ordinance, Article III,
Section 3 06, for permission to reduce the fror~ yard setback on a
corner lot to 22 ftc 6 in. LocatZon 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. Gillispiet Mr. Grigonis~ and
Mr. Huls~
It was FURTHER P~ESOLVED that legalnotice of hearing be published
in the official newspaper on June t4~ 1963.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis~ and Mr.
Hulse.
Meeting adjourned at lf~15 P.M.
Respectfully submitte~
Judith T. Boken~ secretary