HomeMy WebLinkAboutZBA-12/19/1963 AF )EAL BOARD
MEMBERS
Robert W. ®il]ispie, Jr. Chalrrn~n
Roberf ~ergen
Char[es Gregon]s, ,~r.
$~rge Doyen, Jr.
Fred Hulse, Jr.
SOUTHOLD, L.I., N.Y.
Telephone SO 5-2660
MINUTES
SOUTHOID TOWN BOARD OF APPEALS
December 19, 1963
A regular meeting of the Southold Town Board of
Appeals was held 7:30 P.M., Thursday, December 19, 1963
at the Town Office, Main Road~ Southold, New York.
There were present: Meszrs. Robert W. Gillispie,
Jr., Chairman, Robert Bergen, Charles Grigonis, Jr., and
Fred Hulse, Jr.
Absent: Mr. Serge Doyen, Jr.
PUBLIC HEARING: Appeal No. 623 - 7:30 P.M. (E.S.T.),
upon application of Harold Feinberg, d/b/a Southampton
Produce Distributors, Sound Avenue, Mattituck, New York, for
a special exception in accordance with the Zoning Ordinance,
Article X, Section 1003a, for permissLon to erect a non-farm
labor camp at the south side Sound Avenue, Mattituck, New
York, bounded north by Sound Avenue, east and south by William
Unkelbach, and west by land ~of Prinso Fee paid $5.00.
Southold Town Board of Appeals -2-
December 19, 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 and notice
to the applicant.
(The Chairman stated that the proposed building is to be
constructed near the southerly property line about 150 feet
east of the easterly boundary line. The property bounds Prins
on the west and Unkelbach on the south and east. The estimated
cost of the building is $6,000. The existing use and occupancy
of this property is for a potato grading station operated by
Harold Feinberg doing business as Southampton Produce Distributors,
and the application is on behalf of the owner of the property to
whom it was recently sold. The Chairman explained that a public
hearing is for the purpose of developing information about the
application. He explained the meaning of a special exception
and what must be considered in granting same. He also explained
the hist6~ of ~abor camps in relati~ to the Zoning Ordinance.)
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. SPENCER TERRY, JR.: I am a representative for Mr.
Feinberg. W~at I would like to say is that first racial bias
cannot enter into a decision of this kind and I do not think
previous experiences in the town is applicable in this instance.
The conditions of labor camps in the Town of Southold has in
the past not been good. The conditions of the buildings and use
has been poor. I do not know how much we can change the
attitude of the people and I canZt stand here and say that
this camp will be perfect. Mr. Feinberg is willing to spend
the money to construct a building more than adequate for the
people required and to meet the State regulations.
We have a design of a building sufficiently large enough
so that it is not just a place to sleep. There will be a
kitchen and dining room, individual bedrooms for married couples
as well as single women and separate bathrooms for men and
women. It will be of cement constr~on and these things are
all required by the State. The only/t~t is not frequently
found is a large enough area where they could have a television
set, card table, place to sit in a chair to read~ in other words
a recreation area. It will not be just a place to eat and
sleep. We are separating the single men on one end of the
building. Plus all this there will be an outdoor area where
they could sit outside and play ball~ and it will be landscaped
Southold Town ~ard of Appeals -3-
December 19, 1963
which will keep it from being unsightly.
T~IE C~IAIRMA~: Where is the crew housed presentty~~
MR. TERRY: Some in private homes in Riverhead, some
in a small run-down camp in West Riverhead and Calverton.
The living conditions are pitiful.
T~E C~LAIRMAN: Has this crew worked together for a number
of years ?
MR. TERRY: Three years running that I know of. Not all
of them but there is a basic nucleus that has stayed together.
They have worked in the Laurel plant and in the Southampton
plant.
THE CHAIRMAN: Where is the Southampton and Laurel crews
housed?
MR. TERRY: The Laurel people are housed where we can find.
There are no labor camps~ In Southampton we have a new labor
camp on the premises where it was built this year in the Town
of Bridgehampton. It is on Montauk Highway west of the Village
of Bridgehampton.
THE CHAIRF~N: Is ~r. Feinberg here?
MR. TERRY: He is not here and I am acting on his behalf.
THE CHAIRMAN: Is there anyone else present who wishes
to speak for this application?
(There was no response.)
THE CHAIRMAN: I would now like to hear from the rest of
you who are here.
MR. WILL/AM ~LBACH: How many people are going tcbe
housed in this building?
MR. TERRY: It takes between 18 and 20 people to operate
the station.
Southold Town Board of Appeals -4-
December 19, 1963
MR. UA/KELBACH: Aren't you going to house the Laurel gang
too?
MR. TERRY: No, sir, it is exclusively for the people at
the grading station.
THE CHAIRMAN: Mr. Unkelbach, you sold this property to
Mr. Feinberg?
MR. UNKELBACH: Yes, but there was nothing ever said about
the potential labor camp there. It was sold exclusively for a
grading station. The labor camp in Cutchogue has been in
existence for many years and well run althougb~ it does have
faults and defects. I do not thin~~' there is a hardship in
this town tohouse labor. I made inquiries within the last
few days about the Cutchogue camp and they have room for
another 100 ~ople. That camp has been well supervised, the
Suffolk Council of Churches has taken an interest in it and
have done much for it. A survey made by Cornell University
of labor camps in the ~tate of New York has given the Cutchogue
labor camp one of the best ratings for the State°
Mr. Terry mentioned racial bi&s. Racial bias does not
enter my decision at all. We know that the element known ~s
migrant labor is not desirable. Especially in a residential
area. Tb~people present tonight represent an investment in
the immediate neighborhood of between $150~000 and $200,000.
I want to weigh-_that hardship against the one of not being able
to house the people there.
The potato house was opened in July and ever since that
time the crew has been using my land for a toilet. There was
a two-holer built but it is still lying on its side. If they
it to that extent what ~s going to ~happen when
cannot
police
they are there day and night. There are a couple of hundr
~d
beer cans and liquor bottles lying all over my lando
T~E CHAIRMAN: Didn't the same condition exist last year
a~d the year before?
MI{. UNI{ELBACH: No, they weren't there last year. Last
year it was operated by an individual farmer and his crew and
he was there all of the time. It was sold July of this year°
I sold it for a potato grading station.
Southold Town Board of Appeals -5-
December 19, 1963
THE CHAIRMAN: It is zoned Residential and Agricultural?
MR. UNKELBACH: Yes~ residential and agricultural and this
is a non-conforming use.
THE CHAIRMAN: We had a number of applications last year
for expansion of existing labor camps. They were granted under
permits that were to run to the end of the yearnso that there
would be some kind of control over them. The question is~ if
this is granted~ whether these people would like to put up a
concrete structure on a year to year basis. The basis of the
granting of the previous applications was that the Greenport
labor camp disappeared. The farmers who were granted permits
had been using the'Greenport labor camp to supplement their
regular help. They made application to us to expand their
home camps where they had room for only three or four regular
people. In Cutchogue we authorized I.M. Young to modernize
under the objections of the people who using it. They objected
to modernization. They could have run the camp indefinitely
in the run-down condition° Then we had an application from
Sacks which was denied and one of the principal reasons was
the fact that it was so close to the boy~ and gir~s camp.
MR. UNKELBACH: The camp is still there and this proposed
camp is much closer than Sacks. T~at bo~s camp is on part
of my property so it is much closer. The same man who operates
the bo~s camp proposes to open a girl's camp which will be
about 500 to 600 feet from the proposed labor camp.
ing
MRS. JAZOMBEK: The camp you are speak/of is Momoweta.
The Riverhead 4-H group had their summer camp at Momoweta this
past summer and it is the same property and buildings. Also
Camp Molloy is in this same area.
MR. PHILIP PRINS, JR.: They have used our property
intensively also as a toilet. We have two dwellings on our
property and the summer dwelling is possibly 200 feet or less
from the potato grading barn. This house was broken into
for the toilet facilities this past summer and the entire
hcu~ was used. We have to now have another door put on and
new locks and this as not to say anything about the other
part of the property being littered. This crew has been
warned two or three times and nothing has been done about it.
Southold Town Board of Appeals -6- December 19~ 1963
M~. PHILIP PRINS, SR: (Mr. Prins further stated property
damage and disturbanc~ by the crew this past summer.)
THE CHAIRMAN: You do not feel if proper facilities were
constructed it would help any?
MR. HULSE: Is anyone going to live there who will
sDpervise them?
MR. TERRY: Everyone knows that neither Mro Feinberg
nor I am going to live there. We each have our own homes.
As far as supervision is concerned, the only supervision we
would get there would be a crew boss who would live there.
MR. HULSE: I know Cutchogue always had a supervisor.
MR. UNKELBACH: How is this going to be constructed for
$6,000?
MR. TERRY: The size3of the building is 24 fto by 80 ft.
and the $6,000 estimate is for the cement construction only.
MR. MORRIS: I live directly across the street. Through-
out this past summer I have gone over there with bundles of
debris that has blown over onto our place and similar to Mr.
Prins and Mr. Unkelbach I have gotten assurances that this
will be taken care of, but nothing has been dDne. The mere
construction of facilities will not change the habits of these
people and the lack of supervision they have had. It will not
do the neighborhood any good.
THE CHAIRMAN: Apparently the character of the neighborhood
has deteriorated from one year to another?
MRS. WOESSNER: Yes, it will be there 24 hours a day.
MR. PRINS: We have been there 28 years and we have never
had trouble until this past year~ and there were crews there
for years.
Southotd Town Board of Appeals -7-
DecemJ0er 19, 1963
MRS. WOESSNER: If we get such a mess for eight hours
a day can you imagine what it will do to the neighborhood if
they are there permanently for eight months in a year?
MR. UNKELBACH: There is no personal animosity against
Mr. Feinberg. This is strictly facts. When we speak of
hardship we must take into consideration in the immediate
neighborhood there are homes valued at $25,000 to $30,000.
This lady who just spoke just moved into a beautiful new home.
This proposed camp would be right in her back yard. Also,
who is going to prevent them from having other people shack
up there? I feel they could easily house their men in Cutchogue
without any hardship.
MR. TERRY: The State Board of Health ~and Labor Board
will not allow them there because there are insufficient
facilities. Also it was condemned because of a fire hazard.
(There was considerable discussion as to where a labor
camp should be establ~hed in the Town. Most of the people
present felt repairs should be made to the Cutchogue camp
and labor housedthere again.)
THE CHAIRMAN: Is there anyone present who wishes to
say anything further?
(There was no response. }
By investigation and public hearing the Board determined
the following facts pertinent to the decision:
The applicant proposes to construct a 24 ft. by 80
concrete block structure at the rear of a parcel of approx-
imately 2 acre~ in accordance'with the minimum standards of
the County ~ Board of Health, for the p~pose of housing an
i8 to 20 man grading crew~ 6 to 8 months of the year for use
in grading potatoes grown by local farmers.
The construction of a new commercial migrant labor camp
at this site would constitute approval of a permissive use
in an area where the Board of Appeals denied a similar appli-
cation ~n March 12~ 1958 and would interfere with the normal
Southold Town Board of Appeals -8- Decemberfl9~ 1963
development of the surrounding residential use district as
well as constituting a deteriorating influence affecting nearby
property values. The area directly and indirectly affected
adversely by this use far exceeds the boundaries of the appli-
can~ property and might reasonably be expected to 3eopardize
the welfare and safety of children attending summer camps at
nearby Laurel Lake, immediate neighbors and long established
summerccolonies in adjacent areas.
Supervision of the camp itself would rest largely to
the crew leader during working hours. Neither Mr. Terry,
the foreman, nor Mr. Feinberg, owner, lives nearby. Mr.
Feinberg in fact lives in the Town of Southampton. The
indicated proposed control or supervision is inadequate-
in our opinion. This is particularly true in situations
which arise during extended periods of several days or more
when there is no work due to variables of weather and complicated
marketing conditions. Considerable discussion by objectants
at the hearing concerned the disposal of refuse and trash on
the land of neighbors~ and several neighbors felt that such
a camp presented a threat to their personal safety.
Some of the discussicn concerned the general problem of
location of migrant labor camps. It was revealed that the
present crew at this grading station lives in several locations
including Riverhead and ~alverton~ a considerable distance;
also that the Board of Health has closed the Cutchogue migrant
ia~or camp which formerly furnished some labor to surrounding
areas.
The Board of Appeals can suggest but is not objiged to
supply solutions to problems of this nature. One suggeEtion
is that the area occupied by the former Cutchogue labor camp
be investigated as a possible location.
In finding against the application we are agreed that
one of the requisite conditions for granting an application
for a special exception must be answered affirmatively: an
unusual hardship does not exist. There appears to be no
suitable nearby location for a commercial labor camp serving
the potato grading needs of some of the nearby potato growers.
However the other condition, concerning not changing the
character of the neighborhood, requisite to granting a special
Southold Town Board of Appeals
-9-
December 19, 1963
exception must be answered negatively. The Board finds that
such a camp would impede the normal projected use of the
surrounding residential area and its projected development,
that such a camp would affedt the safety and welfare of
residents and occupants of nearby children's camps, and that
the character of the neighborhood would substantially changei
in ways unfavorable to the long range development of the
Town of Southold.
On motion of Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED that Harold Feinberg, d/b/a Southampton Produce
Distributors, be denied permission to erect a non-farm labor
camp at the south side Sound Avenue, Mattituck., New York.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Grigonis, and Mr. Hulse.
PUBLIC HEARING: Appeal No. 622 - Upon application of
Charles Bumble, a/c ~homas Liggis. The Chairman reopened
this hearing at 9:30 P.M. Publ~c hearing had been held on
December 5, 1963 but recessed so that the Board of~Appeals
could obtain additional information relative to the erection
of a private garage on the property of Thomas Liggis, east
side Bay Shore Road, Greenp~rt, New York.
THE CHAIRMAN: We have received copies of lumber bills,
plumbing bills and cancelled checks from Mr. Liggis to Mr.
Bumble indicating to us that this private qarage was erected
on Mr. Liggis' property between October and November 1955.
(Mr. and Mrs. Frank P. Csajko appeared at the hearing
to observe and to answer any questions the Board might have.)
THE CHAIRMAN: Is there anyone present who wishes to
say anything further in favor of this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to
say anything further inopposition to this application?
(There was no response.)
Southold Town Board of Appeals -10-
December 19, 1963
(The Board with Mr. and Mrs. Csajko reviewed the appli-
cation and facts relating to the case.)
By investigation and public hearing the Board determined
the following facts pertinent to the decision: (All members
of the Board visited the Liggis property).
The Board finds that the applicant in this situation
purchased two 50 ft. waterfront lots approximately 140 ft.
in depth, one in 1954 and the other in 1955 on Bay Shore
Road. Tax bills on thsse lots have always been rendered
separately and the applicant considered that he was the owner
of two adjoining parcels. The southerly parcel contained a
residence and it was established that the applicant constructed,
in the front yard area of the ns therly parcel a one car
garage, cesspool and water supply in 1955 or earlier, producing
photostated lumber bills to confirm this date (prior to the
establishment of the Southold Town Building Zone Ordinance.)
Mr. Liggis stated that his original purpose in purchasing the
adjoining lot to the north was to construct a second residence
forsale or rent. It is apparent a start was made toward
constructing such a residence prior to the enactment of the
Ordinance.
Sometime in October Mr. Liggis advised h~ contractor
Mr. Bumble to construct a boat house attached to the garage
referred to in the preceeding paragraph. The Building
Inspector advised the contractor that a building permit
was unnecessary to expand an accessory building for an accessory
use such as storing a boat. Within a short time it became
apparent that living quarters 24 ft. by 30 ft. were being
attab~ed to the original one car garage as evidenced by
plumbing connections, inner partitions, large windows facing
the water, extensive grading, and other it~/~s~ u~ua~
associated with residential construction. A large southerly
opening would permit storing a boat. Strenuous objections
arose to the attempt to circumvent the Ordinance and ~e
Building Inspector advised them of a violation.
In appealing the applicant applied for permission to
convert an accessory building into a dwelling.
Findings of the Board of Appeals indicate there is
evidence Mr. Liggis believed he was the owner of two
separate parcels, however we believe this is not relevant
Southotd Town Board of Appeals -11- December 19, ~963
to the current situation. The facts indicate that the applicant
is the owner of a residence on the southerly portion of his
property and is applying to legalize a second residence violat-
ing the front and side yard restrictions of the Ordinance on
the northerly side of his property which approximates 100 ft.
by 140 ft., a single lot for zoning p~rposeso Although the
immediate areas on the east side of Bay Shore Road is built
up and consists predominately of 50 ft. to 60 ft. lots with
single residences, this application requests permission for
two dwellings on one lot. Such a use is denied to all others
and cannot be considered an unusual or unique hardship. Con-
struction of the dwelling constitutes a self-imposed hardship.
It should also be noted that an accessory building such as a
garage lod&ted in the front yard area, whether constructed
prior to o~-after the passage of the zoning .Ordinance constitutes
a non-conforminq use of property~ .and that tbs expansion of
such a non-conf~rming use exceeding 50% of fair value of~the
original structure requires a special exception°
In considering the above information the Board finds:
1. The u~e would prevent the orderly and reasonable use
of adjacent properties.
2. That the character of the existing and probable
development 0f the uses in the district would be adversely
affected~ and
3. That the conservation of property values would be
adversely affected.
On motion of Mr. Gillispie, seconded by Mr. Grigonis,
it was
RESOLVED that Charles Bumble, a/c Thomas Liggis be
denied permission to convert an accessory building into a
one family dwelling on a lot with a frontage of 50 feet,
insufficient area and insufficient .side yar~s, and leave
a lot with a frontage of 50 feet and insufficient~area-
Property located on east Side Bay shore Road, Greenport.
vote of the Board: Ayes:- Mr. Gitlispie~ Mr. Bergen,
Mr. G~gonis, and Mr. Hulse.
Southold Town Board of Appeals -12-
December 19, 1963
On motion of Mr. Grigonis, seconded by Mr. Hulse~ it was
RESOLVED that the minutes of December 5, 1963 be approved
as submitted.
Vote of the Board: Ayes:-
Mr. Grigonis, and Mrl Hulse.
Mr. GillisPie, Mr. Bergen,
The next meeting ofthe Southold Town Board of~Appeals
will be held 7:30 P.M. (E.S.T.), Thursday, January 9, 1964
at the Town Office, Main Road, Southold, New York.
On motion of Mr. Gillispie, seconded by Mr. Grigonis,
it was
RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.T.)~
Thursday~ January 9~ 1964, Town Office, Main Road, Southold,
New York astime and place for hearing upon application of
Elwood L. Martz, and Alita L. Martz, 46-04 245 Street, Douglaston,
New York, for recognition of access in accordance with State
of New York Town Law, Section 280A. Location of property:
private right-of-way known as "Sunset Lane", south side Bay-
view Road, Sou thold, New York, Property bounded north by
land of Dickerson, east by "Cedar BeaCh Park~', south by Little
Peconic Bay, and west by land of!Mills and land of Turner.
Vote of the Board: Ayes:- Mr. Gillispie= Mr. Bergen,
Mr. Grigonis, and Mro Hulse.
On motion of Mr. Bergen, seconded by Mr. Hulse~ it was
RESOLVED that the Board of Appeals set 7:~5 P.M. (E.S.T.)~
Thursday, January 9, 1964, Town Office, Main Road, Southold,
New York as time and place for hearing upon application of
Andrew J. Campbell, 125 Front Street~ Greenport, New York,
for a special exception in ~cordance with the Zoning'Ordinance,
Article IV, Section 400, Subsection 9, for permission to use
the property as a public garage and car sales~lot. Location
of property: south side west Front Street (Route 25),
Greenport, New York, bounded north by West Front Street, ~st
by Giova~elti and Schultz, and Robert Brown, south by Long
Island Railroad, and west by-S. Van Sciver.
Southold Town Board of Appeals
-13-
December 19, 1963
Vote of the Board: Ayes:- Mr. Gitlispie, Mr. Bergen,
Mr. Grigonis, and Mr. Hu]~
It was further RESOLVED that legal notice of the hearings
be published in the official newspaper on December 27, 1963.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~
Mr. Grigonis~ and Mr. Hulse.
Meeting adjourned at 10:55 P.M.
Respectfully submitted~
Judith T Bok~n, Secretary