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HomeMy WebLinkAboutZBA-07/05/1962 APPEAL BOARD MEMBERS Robe~ W. ®illispie, Jr, Chairmen Roberf Bergen Herberf Rosenberg Cher/e.~ Greg,onis, ,~r. Serge Doyen, J~'. SOUTHOLD, L.I., N.Y. Tebonone SO 5-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS July 5, 1962 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M.t Thursday, July 5, 1962 at the Town Clerk Office, Main Boad, Southold, New York. There were present: Messrs. Robert Bergen, Acting Chairman~ Charles Grigonis, Jr., and Serge Doyen~ Jr. Absent: M~ssrs. Robert W. Gillispiee Jr., and Herbert Rosenberg. PI/BLIC HEAi~ING: Appeal NOo 477 - 7:30 P.M. (E.D.S.T.), upon application of Lefferts P. Edson, Southold, New ¥ork~ a/c Raymond J. Slavin, Oak Drive and Broadwaters Drive, Cu~chogue~ New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 306, forpermission to maintain a raised patio 12 feet from the front property line on a corner lot. Location of property: corner of Oak Drive and Broadwaters Drive, Cutchogue, New York, bounded north by Oak Drive~ east by E. T. Czark, south by Mary E. Belz, and west by Broadwaters Drive. Fee paid $5.00. Southold Town Board of Appeals -2- July 5, 1962 The Chairman opened the hearing at 7:30 P.M. and the secreuary read the legal notice of the hearing, affidavit attesting to its publication in the official newspaper and notification to the appli- cant° THE CHAIRMAN: Is there anyone present who wishes to spe~k for this application? MISS SLAVIN, Oak Drive and Broadwaters Drive, Cutchogue~ New York: According to our figures the patio is 15 ft. from the front property line rather than 12 feet. THE CHAIRMAN: Has the structure been taken down as requested in the previous hearing? MISS SLAV/N: Yes~ most of it. The roof is coming down this week. Mr. Tuthill has been sick and has not been able to work on it for a few days. MR. LEFFERTS EDSON, Southold, New York: I request that the variance for the patio be granted upon the location of the foundation or patio as it was originally constructed and as it is at the present time. After investigation and inspection the Board finds that this patio which was constructed as the concrete floor for a porch which was improperly placed. A new slab and porch in the proper place is in process. While the slab for which a special exception is requested is higher than the usual grade patio due to the inadvertency and the circumstances surrounding the construction the Board feels that the requirements for a special exception have been met. As a condition this patio may not be extended in any direction and no steps may be added. Access to the patio has been provided by the owner. On motion of Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that Raymond J. Slavin, Oak Drive and Broadwaters D~ive~ Cutchogue, New York, be granted permission to maintain a raised patio 15 feet from the front property line on a corner lot. Vote of the Board: Ayes:- Mr. Bergen~ Mr. Grigonis, and Mr. Doyen. Southold Town Board of Appeals -3- July 5, 1962 PUBLIC HEARING: Appeal No. 478 - 7:45 P.M. (E.D.S.T.)~ upon application of Reverend William P. Loftus, 95 Main Street, Stonington, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to erect and maintain an accessory building in the front yard of his property located on the south side of private road, Fishers Island, New York. Property boundednorth by private roads east byrD. J. Braman, south by Block Island Sound, and west by Albert Chaplaski. Fee paid $5.00. The Chairman opened the hearing at 7:45 P.M. and the secretary read the legal notice of the hearing, affidavit attesting to its publication in the official newspaper and notification to the appli- cant. THE 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.) (Mr. Doyen explained the layout of the land and location of the existing dwelling and the proposed location of the accessory building. He stated that the house is built on a bluff and the rear yard faces Block ~sland Sound. The site where the accessory building is to be placed is level and the land falls off past that. Mr. Doyen stated that there seems to be no objection to this appli- cation on Fishers Island.) After investigation the Board finds that location of an accessory building in the front yard area of this applicant's property would be reasonable as the main dwelling is located on the bluff overlooking the ocean and it would be impossible to erect a building in the rear yard area. Other parts of this property falls off considerably and would be unsatisfactory for locating the accessory building. On motion of Mr. Doyens seconded by Mro Grigonis, it was RESOLVED that Reverend William Loftus be granted permission Southold Town Board of Appeals -4- July 5, 1962 to erect and maintain an accessory building approximately 40 feet from his front property line and approximately 12 feet from his westerly property line, Fishers Island, New York. Vote of the Board: Ayes:- Mr. Bergen, Mr. Grigonls, and Mr. Doyen. PUBLIC HEARING: Appeal No. 479 - 8:00 P.M. (E.D.S.T.), upon application of Margaret K. Henriksen, Main Street, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection llt for permission to erect and maintain a business sign on the property of Anna K. Droskoski~ north side Main Road, Orients New York, west of Brown's Hill's Road. Pee paid $5.00. The Chairman opened the hearing at 8:00 P.M. and the secretary read the legal notice of the hearing, affidavit attesting to its publication in the official newspaper, applicatienfor a special exception and notification to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak favor of this application? MRS. MARGARET K. PIENRIKSEN~ Main Streets Orient, New York: It is the same sign that has been used in former years and it was used down near the Vahlsing potato house in Orient last year. This is a new location for this year. Years ago, for 15 years, there had been a similar sign at this location. THE CHAIRMAN: Directional signs are the only signs allowed off premises at the present time. We cannot not allow you to have "rooms and meals" on the sign. If the Ordinance is changedit is possible that may be allowed, however, at the present time you can only have "Bay House, Cottages~ Efficiency Apartments, 2 Miles - Monument - Turn Left, Directly on the Water." Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -5- July 5, 1962 After investigatinn and inspection the Board finds that this applicant is in need of a directional sign to direct people to the Bay House which is located approximately 3/4 of a mile from the Main Road on Orient Harbor. On motion of Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that Margaret K. Henriksen be granted permission to erect and maintain a directional sign on the property of Anna K. Droskoski, north side Route 25, Orient, New York. This sign is to be 4 ft. by 6 ft., no closer than 5 ft. ~om any property line and at least 4 ft. above the ground level and not higher than 15 ft. 6 in. Wording on the sign to be: "Bay House, Cottages, Efficiency Apartments, 2 Miles - Monument - Turn Left, Directly on the Water." This sign permit should be issued for one year. Vote of the Board: Ayes:- Mr. Bergen, Mr. Grigonis, and Mr. Doyen. PUBLIC HEARING: Appeal No. 480 - 8~0 P.M. (E.D.S.T.), upon application of Margaret K. Henriksen~ Main Street, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsecticn 11, for permission to erect and maintain a business sign on the property of Edwin H. King, south side Rou~ 27A, Greenport~ New York, east of Chapel Lane. Fee paid $5.00. The Chairman opened t-he hearing at 8:10 P.M. and the secretary read the legal notice of hearing, affidavit attesting to its publication in the official newspaper, notification to the applicant and appli- cation for a special exception. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of thi~ application? MRS. MARGARET K. HENRIKSEN, Main Street, Orient, New York: There has also been a sign at this location for many years, although it was not there for the last couple of years. THE CHAIRMAN: As stated in the previous hearing we cannot Southold T~wn Board of Appeals -6- July 5, 1962 allow advertising. "Rooms and meals" will not be permitted. You may have "Bay House, Cottages, Efficiency Apartments, 5 Miles - Turn Right - Monument, Directly on the Water." Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that this applicant is in need of directional signs to direct people to the Bay House which is located approximately 3/4 of a mile from the Main Road on Orient Harbor. On motion of Mr. Grigonis~ seconded by Mr. Doyen, it was RESOLVED that Margaret K. Menriksen be granted permission to erect and maintain a directional sign on the property of Edwin King, south side Route 27A~ Greenport, New York, east of Chapel Lane. This sign is to be 4 ft. by 6 ft., no closer than 5 ft. from any property line and at least 4 ft. above the ground level and not higher than 15 ft. 6 in. Wording on the sign to be: "Bay Mouse, Cottages, Efficiency Apartments~ 5 Miles - Monument - Turn Right, Directly on the Water." This sign permit should be issued for one ~aar. Vote of the Board: Ayes:- Mr. Bergen, Mr. Grigonis, and Mr. Doyen. PUBLIC HEARING: Appeal No. 481 - 8:30 P.M. (E.D.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 rent a labor camp on property of I. p. Krupski, east side Bridge Lane, Peconic~ New York. Property bounded north by M. Zanowski, east by 2. S. Davids, south by P. Bedell, and west by Bridge Lane. Fee paid $5.00. The Chairman opened the hearing at 8:30 P.M. and the secretary read the legal notice of hearing, affidavit attesting to its publication $outhold Town Board of Appeals -7- July 5, 1962 in the official newspaper, notification to the applicant and application for special exception. THE CHAIRM2AN: Is there anyone present who wishes to speak for this application? MR. J. HERBERT CASSIDY, Hobart Road, Southold, New York: I have nothing to add at the present time. May I speak later if necessary2 THE CHAIRMAN: You will have every opportunity to be hear~ THE CHAIRMAN: Is there anyone present who wishes to speak' against this application? MR. ALBERT ZANOWSKI, Bridge Lane, Cutchogue, New York: How many men are intended to be housed there? THE CHAIRMAN: According to the application 16 to 18. MR. ZANOWSKI: At a visit to the Health Board I was told by Mr. Beckwith on the 21st of June that there would be 20 to 25. THE CHAIRMAN: That was not the information givenus. MR. ZANOWSKI: How many have been in the place in the past 3 or 4 years? (The secretary read the application which stated "during the past three years the owner, I. P. Krupski, didn't house over three or four people at a time and did not require a permit." ' MR. ZANOWSKI: Me housed 6 to 8 people. (Mr. Zanowski then read a prepared statement to the Board. In the statement he gave a history of his property and the property he leases to others. He explained the cost of upkeep for his home and the house he rents and the places of employment of his tenants (Mr. and Mrs. Good). He indicated that he would lose his tenant and $30.00 a month rent, if this application is granted. He said he and his tenants are quiet people and wish their neighbors to be considerate of them. Since the labor camp has been on Bridge Lane they have all lived under duress because there have been fights and drunken brawls Southold Town Board of Appeals -8- July 5, 1962 and the police have been called. Mr. Zanowski related incidents which occured in the camp. He stated that he advised Mr. Cassidy that he is suffering a loss at the present time and someone will have to pay for it.) -- The fact remains that this tenant house has been occupied by these and other tenants for many years during the existence of the labor camp. THE CHAIRMAN: Thank you for the information. EDWARD LaFRENIERE, ESQ., Southold, New York, stated that he represents the Zanowski Estate. He wished to remind the Board that the use of the labor camp is presently non-conforming and to change the status changes the situation as far as the owner is concerned. Mr. Krupski constructed the building on the land for his own use and not to be leased. He stated there is a lot of criticism about labor camps,as far as nuisance, by adjoining and abutting property owners. He stated that the type of people living in the labor camps is the main problem, that they are not desirable and many have criminal records~in other states. THE CHAIRMAN: Anyone else? MR. ZANOWSKI: These people in the room are here because they object to this~ so they told me, and maybe some of them would like to say something. MR. BURNETT TUTHILL, Main Road, East Cutchogue: Ail these people you see sitting here and in the hall are from East Cutchogue and wholeheartedly object to having that camp in our community. Mr. Krupski had it there for his own use and we put up with it. Now it is being leased out for a commercial labor camp and we are against it. We have a very quiet neighborhood there and we do not want that thing in our midst. MR. ALFRED DAVIDS, Main Road, East Cutchogue: I say the same thing as Mr. Tut/Gill. (Mr. Davids went on to say he has a prOblem with trash of all kinds being thrown on his property.) THE CHAIRMAN: Does anyone else wish to speak? MRS. DOROTHY GOOD, Bridge Lane~ East Cutchogue: I live next door and I don't want them thereJ Mi{. J. HERBERT CASSIDY: I don't know where A1 (Mr. ZanowskI) Southold Town Board of Appeals -9- July 5, 1962 got his information~om the Health Department stating that we are going to house 20 to 25 people. Ifyou are familiar with the codes~ we can only have so many in the building per square foot and 16 to 18 people are all we are allowed. We did not go to Beckwith and whoever told you that is a liar. As far as drinkings we have had this crew working for us in Peconic now three years and anyone could walk in the building at any time. They do not drink on the job and no man has lost a minute of time. They are very clean help. As far as being a commercial camp, we do not consider it such because we do not house people there for other people. The statement was made about the help having criminal records, effective October all crew leaders have to be fingerprinted and cannot have a criminal record. (Mr. Zanowski and Mr. Cassidy discussed the type of crews hired and their behavior.) THE CHAIRMAN: Does anyone else wish to be recorded in opposition to this application? The following individuals registered their names in opposition to this application: Richard MacNish Robert Tuthill Kenneth Hawkins Antone Pawluczyk Frank Rogers, Jr. Norman Case Otis Davids Vera Doroski Helen Zanowski Mary Wysocki Mrs. Burnett Tuthill Mrs. Norman Case Mrs. Kenneth Hawkins Mrs. Alfred Davids. THE CHAIRMAN: If no one else wishes to speak for or against this matter we will close the case for the Board to study further. Thank you all for coming. Southold Town Board of Appeals -10- July 5, 1962 After inspection and ~nvestigation the Board finds that the labor camp under consideration has been operating under ~County Health Department license for about 15 years. At the present time it is being modernized to comply with new more restrictive regula- tions. This camp is located against a wooded area and near the railroad and about 400 feet from the nearest road. The camp does not require any action on the part of this Board were it to continue under the operation of the owner. The only change is management under a 3 year lease. The objectors who were present at the hearing were residents distant from the camp and their complaints were similar to those raised wherever migrant workers are employed. Provision has been made during the past 20 years for operation of two large labor camps housing about 350 workers operated co- operatively by farmers. This season one of the camps will not operate and the farmers will house the workers required to operate their farms. The Ordinance permits this provided the camp is located closer to the farmer's residence than tb another residence. A special exception is required in other cases. Many of the farmers operate farms in various locations. This is all part of one operation. Without housing facilities for workers farmers in this area could not operate. The living conditions in the camp in question are the equal or superior to~t~he large camp which will cease to operate presently and the County Board of Health rigorously supervises the premises. The Board finds that the standards and conditions set forth in the Ordinance are fully complied with and a permit valid until December 31, 1962 should be issued for the 16 occupants as applied for. This limited time will enable everyone concerned further to study the matter and observe the results. On motion of Mr. Grigonis~ seconded by Mr. Doyen, it was RESOLVED that J. Herbert Cassidy be granted permission to rent a labor c~mp on the property of I. P. Krupski, east side Bridge Lane, East Cutchogue~ New York. ~permit valid until December 31, 1962 should be issued for the 16 occupants as applied for. Southold Town Board of Appeals -11- July 5, 1962 Vote of the Board: Ayes:- Mr. Bergen, Mr. Grigonis, and Mr. Doyen. PUBLIC HEARING: Appeal No. 482 - 9:00 P.M. (E.D.S.T.), upon application of Lloyd E. Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1003a, for permission to expand his present private labor camp. Location of property: south side Main Road~ Orient, New York, property bounded north by Main Road, east by S. Koroleski, and R. & E. Latham, south by Long Beach Bay, and west by Mrs. E. W. Latham Estate. Fee paid $5.00. The Chairman opened the hearing and the Secretary read the legal notice of hearing, affidavit attesting to its publication in the official newspaper, notification to the applicant and application for a special exception. THE CHAIkMAN: Is there anyone prssent who wishes to speak for thiD application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. MR. GRIGONIS: I talked to Lloyd Terry and Mr. Beckman of the Health Department~ and he is quite pleased with the camp. said it is the cleanest and best setup around. He After investigation and inspection the Board finds that the present application is occasioned by an expansion of the applicant's present labor camp. The details of this expansion have been approved by the Board of Health. The reason this expansion comes to this Board is solely because of the fact the applicant, since establishing his camp some years ago close to his then place of residence has since shifted his residence to a location about a mile from his main operation. Thus the present labor camp is located closer to his mother's residence, his former residence, than to his present home. Southold Town Board of Appeals -12- July 5, 1962 The expansion of present labor camps on farms is occasioned by cessation of the operations of the Eastern Suffolk Cooperative in Greenport, formerly a large supplier of labor in the area. The Board finds that the standards and conditions set forth in the Ordinance are fully complied with and a permit valid un,ii December 31, 1962 should be issued. This limited time will enable everyone concerned further to study the matter and observe the results. On motion of Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that Lloyd E. Terry be granted permission to expand his presen~/l~bor camp located on the south side of Main Road, Orient, private New York. A permit valid until December 31, 1962 should be issued. Vote of the Board: Ayes:- Mr. Bergen, Mr. Grigonis, and Mar. Doyen. PUBLIC PiEARING: Hearing upon Appeal No. 472, application of Falcaro's Greenport, Lanes, Inc., Moore's Lane, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to maintain a "BOWL" sign on the roof of Falcaro~s Gremnport Lanes, Inc., east side Moore's Lane, Greenport, New York was reopened at 9:15 P.M., The Chalrman~r~ad the appl~ation for a special exception. Mr. Stanley Corwin, attorney for Falcaro's Greenport Lane,s Inc. again appeared before the Board to discuss this application. He stated that he had spoken with Mr. Falcaro and as a compromise to relocating the "BOWL" sign on the side of the building where it was originally intended, he would like to place the sign on the front wall of the building just below the roof line. They do not want to go back to the original location. THE CHAIRMAN: We think you should put it where it was originally intended and try it for a year and see if the conditions change any. (That suggestion was not agreed to by Mr. Corwin.) Sputhold Town Board of Appeals -13- July 5, 1962 After investigation and inspection and subjecting the application to the critical examination the Board's responsibilities require~ the Board find that the arbitrary action of the applicant is contrary to the original action of the Board of Appeals. On March 20, 1962 permission was granted the applicant to place the "BOWL" sign at a location selected by the applicant. This was the result of a public hearing at which the applicant and his builder and his attorney were present. Their own blue- prints were submitted. No changes were made by the Board. The request of the applicant at that time was reasonable and desirable for the enterprise involved and the Board found that the right to the special exception existed. The Board finds that the public convenience and welfare and justice will not be served~ the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed, therefore On motion of Mr. Grigonis, seconded by Mro Doyen, it was RESOLVED that Falcaro's Greenport Lanes, Inc. be denied permission to maintain a "BOWL" sign on the roof of Falcaro's Greenport Lanes, Inc., east side Moore's Lane, Greenport, New York. It isa~condition of this Board that two weeks after this action becomes effective the "BOWL" sign must be removed from its present violation location. Vote of the Board: Ayes:- Mr. Bergen, Mr. Grigonis, and Mr. Doyen. On motion of Mr. Grigonis, seconded by Mr. Doyen~ it was RESOLVED that the Board of Appeals set 8:15 P.M. (E.D.S.T.), Thursday, July 19, 1962, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Karl and Peter Sledjeski, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Southold Town Board of Appeals -14- July 5, 1962 Section 1003a, for permission to enlarge existing labor camp facilities. Location of property: south side Route 25, Orient, New York, bQundednor~h by Main Road, east by J. B. Droskoski, south by J. Tuthill & J. Dyer, and west by J. Tuthill and J. Dyer. Vote of the Board: Ayes:- Mr. Bergen, Mr. Grigonis, and Mr. Doyen. It was further RE'SOLVED that legal notice of the hearing be published in the official newspaper on July 12, 19~2. Vote of the Boar~ Ayes:- Mr. Bergen, Mr. Grigonis, and Mr. Doyen. The next meeting of the Southold Town Board o f Appeals will be held 7:30 P.M., Thursday, July 12, 1962, Town Office, Main Road~ Southold, New York. Meeting adjourned at 9:45 P.M. Respectfully submitted, Judith T. Boken, Secretary