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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