Loading...
HomeMy WebLinkAboutZBA-01/03/1963 Te!ephone SO 5-2660 APPEAL BOARD MEMBERS Robed. W, GlJ[]spie, Jr. Chairrn~n Robed' Bergen CharJes Gregonis, Serge Doyen, Jr, MINUTES SOUTHOLD TOWN BOARD OF APPEALS January 3, 1963 A regular meeting of the Sout~old Town Board of Appeals was held 7:30 P.M., Thursday, January 3, 1963 at the Town Office, Main Road, Southotd, New York. There were present: Messrs. Robert W. Gillispie~ Jr., Chairman, Robert Bergen, and Charles Grigonis~ Jr.' ~bsent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 534 - 7:30 P.M. (E.S.T.), upon application of The Great A & P Tea Co., 650 Stewart Avenue, Garden City, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a), for permission to erect pole type ground sign 25 ft. in height and 7 ft. in diameter. Location of property: corner of New Suffolk'Avenue and Main Road, Mattituck, New York, bounded north by New Suffolk Avenue, east by E. & H. Reeve~ south by Boutcher Estate~ 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 Southold Town Board of Appeals -2- January 3, 1963 to its publication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyonepresent who wishes to speak for this application? MR. ALF M. ANDERSEN: The idea of the extra clearance overhead is so that coming down the road you can see it. The standard sign is 19 ft. in height. Also, there is a low spot in the lot at that point. The sign is conservative and does not flash. It goes off on a time clock when the business is closed. THE CHAIRMAN: Is there anyone who wishes to speak in opposition? (There was no response.) After investigation and inspecti~ the Board finds that this business lot is of unusual topography, being several feet lower at the corner of New Suffolk Avenue and Main Road where the s~gn is to be placed, than it is at the point where the building is being built. This is a conservative sign and the standard pole sign installed by the A & P at their storsso The extra height is to overcome the low area in which it is being placed. On motion of Mr. Gillispie~ seconded by Mr. Grigonis¢ it was RESOLVED that the Great A & P Tea Company, 650 Stewart Avenue, Garden City~ New York be granted permission to erect and maintain a pole type sign at the site of the new A & P building at the corner of New Suffolk Avenue and Main Road, Mattituck, New York. This s~gn is 7 ft. in diameter with the letters "A & P", and 25 ft. in overall height. No portion of this sign shall be closer than 5 ft. to any property lineo Vote of the Board: Ayes:- Mro Gillispie, Mr. Bergen, and Mr. Grigionis. (Mr. Albert Zanowski requested that the Board postpone the next hearing on Appeal NOo 535, Application of J. Herbert Cassidy, until such time as his lawyer could appear to speak in opposition. After considering this request thoroughly, the Board denied it and proceeded with the hearing.) Southold Town Board of Appeals -3- January 3, 1963 PUBLIC HEARING: Appeal No. 535 - 7:45 P.M. (E.S.T.), upon application of J. Herbert Cassidy, Hobart Road~ Southold, New York, for a special exception in accordance with the Zoning Ordinance~ Article X, Section 1003A, for permission to renew labor camp permit on the property of I. P. Krupski~ east side Bridge Lane~ East Cutchogue~ New York. Property bounded north by M. Zanowski, east by A. S. Davids~ south by P. Bedell~ and west by Bridge Lane. Feet~id $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 in favor of this application? MR. J. HERBERT CASSIDY: Everything is in my original affidavit. There is nothing further to add at this time. ~The Chairman readf~t~e application of J. Herbert Cassidy for a special exception for permission to rent a labor camp on property of I. P. Krupski, east side Bridge Lane, Peconic, New York, dated June 22, 1962~ No. 481. - The present renewal is based on the afore- said application° The Chairman also read the action of the Board of Appeals on A~peal No. 481.) THE CHAIRMAN: Is there anyone else present who wishes to speak in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. ALBERT ZANOWSKI: I represent the Michael Zanowski Estate and am the Executor, and I voice objection to the renewal of this application. In the original application I would like to make a correction. It is stated the camp was therefor 15 years from 1962. That would make it 1947. It was placed there in April or May 1953. There was no tenant in the tenant house until we ran an electric line which the cost was carried by Mro Krupski and my father and that was 1953. There were people living there before 1945 but for about 6 or 7 years it was vacant. It needed repair and lumber wasn't available for the repair and it stood vacant° Southold Town Board of Appeals -4- January 3, 1963 THE CHAI~: Howevert that is all prior to the zoning ordinance° MR. ZANOWSKI: I will read the following objections and I wish it put into the record verbatim. I give a description of the camp. This camp is located on Bridge Lane, East Cutchoguet on approximately 10 acres of land owned by Mr. I. P. Krupski. This barrack was placed there during the spring of 1953. Mr. Krupski stated at that time that the barrack was to house his migrant farm labor. This custom was practiced in 1953 and each year after that and including 1961. Each year the workers inhabited this camp from the 1st of July until their departure in mid-November. The rest of the time it remained un- inhabited. The number of workers housed in this camp for farm labor was 3 to 4 people. It was stated that way by Mr. Cassidy in the first affidavit. The northern boundary of this property is 729 feet south of the Long Island Railroad boundary~ a comfortable distance from the track. To the north of the described property is property owned by Michael Zanowski Estate on which is located a dwelling. This dwelling has been on its present site for more than 100 years. It was completely renovated in 1952. The labor camp is 30 ft~ south of the Zanowski-Krupski boundary. The tenant dwelling is approx- imately 10 ft. north of this same boundary and 10 ft. east of the Davids-Krupski property° Both the labor camp and d~elling are about 270 feet east of Bridge Lane. During 1962 this camp has been leased to Mr. J. Cassidy to house 16 to 18 workers to work in his potato packing shed° This camp no longer serves Mr. Krupski~s farm labor for use on his own farm as it had before leasing. Since this camp has been occupied by the present occupants it has become a serious nuisance to the neighbors, community and police. The police blotter shows stabbings, fights, lye throwing, and drinking are constant at this camp° I have some films here taken from the living room of the tenant house. I offer them to the Board° The neighbors must keep their doors locked and frequently call the police when these people ~respass their properties. There was a time last fall when a woman came from the camp and walked into my mother's living room and she was drunk. When she was asked where she stayed she said at the camp° If my brother had Southold Town Board of Appeals -5- January 3~ 1963 not been there to chase the woman out I don't know what would have happened to my ~Dthero Because of this camp the neighbors must live under duress° They cannot enjoy the freedom of unl6ck~d doors. Since this camp no longer serves the owner as had been the original intent~ the neighbors want it closed. We do not want a commercial camp in our midst. Phone calls were made to these neighbors. I called Mr. Burnett Tuthill, Mro Norman Case and Mrs. Sharvey. Will the Board accept the films I offered? T~IE CHAIRMAN: I do not think they are necessary for the record. How far away from the camp are these people you mention? MR. ZANOWSKI: Mrs. Sharvey is about one-half mile, Mr. Norman case is about one-half miles and Mro Burnett Tuthill is about one- half mile. My mother is 400 fto to 500 ft. awayo T~IE CF~AIRMAN: Your mother's objection is because one day a woman walked into her living room? MR. ZANOWSKI: She is in her 80's and we t~ink of what miqht have happened had not my brother been there. was MR. CASSIDY: The woman that was mentioned I believe/taken out of the camp the next day because she was not part of the crew. T~IE C~IAIRMAN: Why would you take the pictures you mentioned? MR. ZANOWSKI: The pictures would prove that they are not perfect gentlemen as Mro Cassidy says they are. MR. ~IERBERT OWEN CASSID¥: Mr° Zanowski's tenant worked in ourcrew one afternoon down to our place and thdre is a liquor store in front of it and I do not allow the workers to have liquor or go into the liquor store and the tenant had a bottle of liquor and I had to take it away from him. MR. ZANOWSKI: Th~s same tenant goes to the camp and buys wine. Southold Town Board of Appeals -6- January 3, 1963 Mi{. CASSIDY: One day we were in the camp with the Health Department and the Labor'Department and we had trouble getting the tenant out and we had to throw him out because he was so intoxicated. THE CHAIRMAN: Is there anyone else present who wishes to speak in objection? (There was no response.) THE CHAIRMAN: Is there anything further anyone wishes to add? (There was no response°) After investigation and inspection the Board finds that contrary to the original hearing held July 5, 1962, when 18 individuals registered objections, only one objector appeared at this hearing, although he claimed to speak for three others who are one half mile distant° As in the original hearing the complaints mentioned by Mr. Zanowski were similar to those raised wherever migrant workers are employed° The comp&tling 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. The operators of farms conduct their operation in various locations necessitating housing within the general area of operation in order to perform grading operations to market the crops. Conditions for the opening of the camp were established by the Suffolk County Board of Health and involved two new cesspoolst new well point, pump, showers, sheet rocking the entire interior of the 20 ft. by 50 ft. building, as well as new floors~ and division into a kitchen and crew quarters as sketched by the Board of Health. NO enlargement of the original structure was made. Mr. ~ssidy stated the Board of Health complimented him on the operation of the camp. This camp enables the camp operator~ J. Herbert Cassidy, to locate a crew far closer to his grading operation than formerly. The A & P chain operated two large graders in Peconic but their operation vas intermittent during 1962 and the Cassidy grading facilities are essential for marketing Peconic's major crop, potatoes° Southold Town Board of Appeals -7- January 3~ 1963 With regard to Mr. Zanowski~s verbatim statement which was read into the record the last sentence of the third paragraph of said statement presents a serlous charge as follows: "The police blotter shows stabbings, fightst lye throwing, and drinking are constant at this camp°" We have asked the Chief of the Southold Town Police for a report which is included in this record° Chief Howard states that there were two instances when a patrolman was called to the camp, on August 5, 1962 and August 26, 1962. The August 5th lye incident involved an unknown assailant, while the assailant in the August 26th stabbing incident was given a suspended sentence of 30 days; both injuries were of a minor nature° The opening statement of paragraph four of Chief Howard's report reads as follows: "As for the incident rate at this camp~ it is no greater than any other camp in Town." No complaint regarding this camp reached the Supervisor's office during the 1962 operation° The Board of Appeals is in agreement with the general feeling concerning labor camps, however# we believe that the~ operation of 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 NOo 481 of J. Herbert Cassidyo On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that J. Herbert Cassidy be granted permission to renew his labor camp permit on property of Io P. Krupski, east side Bridge Lane~ East Cutchogue, New York. This permit shall run for the calendar year 1963o See Schedule ~ ~A. :~ F~indings~herei~and hereto annexed are ~a.ken fr~om_~.t~e previous hearing of July 5, 1962. Accordingly these findings have not changed essentially. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. SCHEDULE AC-liON Oi THE ZONINO BO~D OF ~PE.~S OF THE TOWN OP P~quesz for v~ri~;ce due ~ lack of ac~ ~o pro~y Request fc~ a speci~ except%on under the Z~ning G/dinance B~ques~ Iora variance ~ the Zo~ ~dk~nce ~rmn~ed ' ~;e d~,ed pursu~'~ m Art!cie ~ ~ectm~ '.~f:.l~ ...... Subaecti~n ...................... D~r~rapn ................. of ~he ~o~n~ Oz'd~m~ce and the d.~ision o~ the ~ufidi~B L~pec~or ~ ~ be reversed ~ Southold Town Board of Appeals -7a- January 3~ 1963 Mr. John Sidor and Mr. Martin Suter of Mattituck appeared before the Board relative to the placement of a dwelling by Mr. Sidor on a lot facing the new County Route 27A extension at Conklin Road, Mattituck, New York. After considerable discussion Mr. Sidor filed application for a variance on the front yard set- back and an application for a variance for setback for a garage. The Board advised ~r. Sidor that they would like a letter from the County approving the proposed setback of the house and garage. This lot is considered a new corner lot because the property to the south is reserved for highway purposes by the County of Suffolk. On motion of Mro Grigonis, seconded by Mr. Bergen~ it was RESOLVED that the minutes of the Board of Appeals of December 20~ 1962 be approved as submitted. Vote of the Board: Ayes:- Mro Gillispie, Mr. Bergen, and Mr. Grigonis. Southold Town Board of Appeals -8- January 3, 1963 The next meeting of the Southotd Town Board of Appeals will be held 7:30 P.M.s Friday, January 18, 1963 at the Town Office, Main Road, Southolds New York° On motion of Mro Bergen, seconded by Mro Grigonis, it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.T.), Friday, January 18, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of John Sidor, Mill Lane~ Mattituck, New York, for a variance in accord- ance 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 north by Lot 19 - Terry and Hills east byLots 33 & 34 - John Sidor, south by'County Route 27A Extensions and west by Conk!in Road° Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mro Grigoniso On motion of Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:45 P.M. (E.S.T.), Friday, January 18, 1963 , Town Office, Main Road, Southolds New York as time and place for hearing 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 ft. 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 Extensions Mattitucks New York~ LOtS 17 & 18 on map of Garden Heights. Property bounded north by Lot 19 - Terry & Hill, east by Lots 33 & 34 - John Sidor~ south by County Route 27A Extension, and west by Conklin Road. Vote of the Board: Ayes:- Mr. Gillispie, Mro Bergen, and Mr. Grigonis. On motion of Mr. Gillispie~ seconded by Mro Bergen, it was RESOLVED that the Board of Appeals set 7:50 P.M. (E.S.T.)~ Friday, January 18, 1963, Town Office, Main Road~ Southold, New York as time and place for hearing~upon application of E. Kenneth Southold Town Board of Appeals -9- January 3, 1963 Tabor, Orchard Street, Orient, New york, for a special exception in accordance with the Zoning Ordinances Article Xt Section 1003As for permls~on to renew labor camp permit for existing labor camp facilities. Location of property: south side Orchard Street, Orients New York, bounded north by Orchard Street, east by E. K. Jagge~, south by Percy Douglass, and west by H. Go Tabor Estate. Vote of the Board: Ayes:- Mro Gillispie~ Mr. Bergen, and Mr. Grigonis. On motion of Mr. Bergen, seconded by Mr. Gillispiet it was RESOLVED that the Board of Appeals set 8:15 P.M~ (EoS. T.)~ Friday~ January 18, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of George W. Smith & Sons, Inc., Main Street, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article iV~ Sectk~n 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 Go W. Smith, east by Ellis Terry~ south by G. W. Smith~ and west by Main Road. vote of the Board: Ayes:- Fir. Gillispie, Mro Bergen~ and Mr. Grigonis. It was further RESOLVED that legal notice of the hearings be published in the official newspaper on January 10s 1963. vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Grigoniso Meeting adjourned at 10:00 P.M. Respectfully submitted, ,.. ..... .,.-. t ' ..~- ~ ~_ ~ J.udith T. Boken~ Secretary