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HomeMy WebLinkAboutZBA-03/24/1966 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Ch,~irm~n Robert Bzrgcn Charles Grcgonis, Jr. Serge Doyen, Jr. Fred Huls¢, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-9660 u z z s SOUTHOLD TOWN BOARD OF APPEALS March 24, 1966 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., ~hursday, March 24, 1966, at the Southold High School, Oaklawn Avenue, Southold, New York There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen, Fred Hulse, Jr., Charles Grigonis, Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 829 - 7:30 P.M.~.S.T.}, Upon application of Lloyd Terry, Main Road, Orient, New York~ for a spdcial exception in accordance with the Zoning Ordinance, Article X, Section 1003A, for permission to renew a farm labor camp permit granted April 15~ 1965. Location of property: south side Main Roadm Orient, New York, bounded north by Main Road, east by S. Koroleski, and R.&H. Latham~ south by Long Beach Bay, west by Mrs. E.W. Latham Estate. 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. SOUTHOLD TOWN BOARD OF APPEALS -2- MARCH 24t 1966 THE CHAIRMAN: Is there anyone present who wishes to spe~k in favor of this application? (There was no response.) THE CHAIRMAN: Is Mr. Terry here? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? BARBARA ALBERTSON: I would like to ask a question. Is this customary procedure for labor camps? THE CHAIRMAN: Yes, we established a policy requiring a camp renewal on all labor camps that are authorized by this Board. This is to keep tract of the camp, In other wordst a camp that has been operating improperly does not get a renewal permit. This was established several years ago when the Greenport Labor Camp disappeared. The Greenport Labor Camp use to house up to 250 men during the season. When that disappeared the individual farmers had to have their own camps. Are there any other questions? (There was no response.) After investigation and inspection the Board finds that Lloyd Terry wishes to renew his labor camp permit for the year of 1966. The Board finds that in the past there has not been any trouble with the laborers in this camp, and there has not been any complaints made by the neighbors in regard to this camp. The Board finds that the applicant plans to install an additional shower unit in the camp for the year of 1966. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitt~d use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. SOUTHOLD TOWN BOARD OF APPEALS -3- MARCH 24, 1966 On motion by Mr. Gillispie, seconded by Mr. jGrigonis, it was RESOLVED that Lloyd Terry~ Main Road, Orient, New York~ be granted permission to renew a farm labor camp permit that was granted April 15~ 1965. Location of property: south side Main Road, Orient,New York~ This permit is granted for one year only. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Hulse, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: Appeal No. 830 - 7:45 P.M.(E.S..T), Upon application of James Rogers~ a/c Paul Wilson & Wf.~ East Mariont New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6~ for permission to locate an accessory building in the front yard area. Location of property: south side of right of way off the east side of Bay Avenue, East Ma~ion~ New York, bounded north by right of way~ east by George Gogates, south by Marion Lake, west by Walter Robinson. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch of the property and the proposed location of the garage. The property has a drop off toward Marion Lake~ so that the only feasible place to locate the garage would be in the front yard area. At this time is there anyone present who wishes to speak for this application? JAMES ROGERS: I am the builder. I have nothing further to say. This is the only place the garage can be located. THE CHAIRMAN: Mr. Bergen has questioned why the garage is set on an angle. JAMES ROGERS: These people that own the property are elderly and he thought it would be easier to get out of the garage if it was on an angle. There are two other garages along that same right of way that are on an angle. SOUTHOLD TOWN BOARD OF APPEALS -4- MARCH 24, 1966 THE CHAIRMAN: Is this right of way a dead end road? JAMES ROGERS: It goes down to a dead end. THE CHAIRMAN: Is there anyone else 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.) After investigation and inspection the Board finds that the applicant request permission to erect a garage in the front yard area. The Board finds that the lot in question is a very narrow lot and has waterfrontage. The lot has a steep drop off toward Marion Lake, thus making it impossible to locate the garage in the rear yard area. The only feasible location for the garage is in the front yard area. The Board finds that the construction of this garage in the front yard area will not change the character of the neighborhood in view of the fact there are other garages along this right of way located in the front yard area. The Board finds that strict application 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 by Mr. Hulse, seconded by Mr. Bergen~ it was RESOLVED that James Rogers /ac Pmul Wilson & Wf.~ East Marion, New York, be granted permission to locate a private garage in the front yard area of property located on the south side of right of way off the east side of Bay Avenue, East Ma~ion~ New York. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Grigonis, Mr. Hulse~ Mr. Bergen~ Mr. Doyen. SOUTHOLD TOW~ BOARD ~F APPEALS --5- MARCH 24~ 1966 PUBLIC HEARING: Appeal No. 831 - 8:00 PoM.(E.S.T.), Upon application of Braun Oyster Co., Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1007, Subsection ~), for permission to expand a non-conforming building. Location of property: south side Main Road~ Cutchogue~ New York, bounded north by J. HomanT Mehl~ east by James Homan, south by George Braun, west by Still- water Avenue. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing,affidavit attesting to its publication, and notice to the applicant. The Chairman read a letter from Arthur Mehl, Cutchogue~ New York, opposing the application of Braun Oyster Co. THE CHAIRMAN: This business was here before zoning went into effect. The expansion which Mr. Mehl refers to in his letter was granted by the Building Inspector. It:s permissable to expand a non-conforming business up to 5~% of the value. The expansion doesnSt go by the area~ it goes by the value. This present expansion requires the permission of this Boardl and that is the reason for this application. At this time is there anyone present who wishes to speak in favor of this application. JAMES HOMAN: I think that the reasons stated in the application speak for themself. If there are any questions, I would like to answer them. THE CHAIRMAN: Are you the owner or one of the owners of this business~ JAMES HOMAN: Yes. This is a corporation. I own the property. I am president of the corporation. THE CHAIRMAN: Is there anyone else present who wishes to speak in favor of this application? (There was no response.) SOUTHOLD TOWN BOARD OF APPEALS -6- MARCH 24, 1966 THE CHAII~Vaa_N: Is there anyone present who wishes to speak against this application? R. TERRY~ JR.~ESQ.: I appear here on behalf of Mr. George Braun in opposition to this application. I think that perhaps the sketch you have of the property may be somewhat distorted. I don~t think that sketch is in accordance with the existing property. I would like to call your attention to the fact that this property is residential property. The original business,which was a non-conforming use in a residential zone, was on this triangler piece of property. (Point to sketch submitted by Mr. Terry). This line going down to the west line denotes the property that was acquired from other sources~ and was residential property and has been built upon as such. I will call your attention to the fact that the granting of this building permit by the Building Inspector was granted to build a bu/~ding, to enlarge a building, on property that was acquired property. Property that wasn't in the original business. I will also say that this application~ the granting of this would violate the spirit and the intent of the Zoning Ordinance. I think that a non-conforming use would eventually discontinue and not enlarge. This ~ointin~ to sketch) was not part of the original business property. The Braun Oyster Company is presently not limited to property that was owned by Mr. George Braun, and was not part of the non-conforming use. I think that the enlargement of the business to extend into this residential area violates the spirit of the Ordinance for many reasons. The building contains equipment that causes vibrations. You have trucks going in and out of here. I don't think that it is the intent of the Zoning Ordinance to allow expansion of an industrial area that is a non-conforming use to encroach upon another area. THE CHAIRMAN: When was this business established? JAMES HOMAN: I don't know the exact date. SOUTHOLD TOWN BOARD OF APPEALS -7- MARCH 24, 1966 R. TERRY, JR., ESQ.: This business was established by Mr. George Braun in 1929. THE CHAIRMAN: Wasn't the original site enlarged? R. TERR~, J~., Esq.: This addition was created within the last few years. parcel was 89½ feet. ~ointing to sketch) The original THE CHALRM~N: ~ointing to sketch) the parcel you are refering to, the original parcel, is this parcel here? JAMES HOMAN: Yes. THE CHAIRMAN: When did you square off the property? R. TERRY, JR.,ESQ.: It has never been squared. JAMES HOMAN: There are two distinct properties in this. One piece goes from h~e down to here to the Main Road and this, the original piece,goes from here. (Mr. H~man pointed out and identified the original parcel of land and the parcel of ~and that was acquired 15 years ago.) THE CHAIRMAN: There appears to be three pieces of property involved here. R. TERRY, JR.,ESQ.: ~ have indicated three pieces of property~ There is a twenty foot strip of property there. THE CHALRMAN: The ~20 foot strip of land is wherethe drive- way is? R. TERRY, JR.,ESQ.: The point is, when this is enlarged trucks will go back and forth, and George Braun has his house there. JAMES HOMAN: When this piece of property was bought, Mr. Braun leased a 25 foot right of way so that I could have access. When I purchased the property five or six years ago, I also purchased this right of way from Mr. Braun. Now I own my 125 feet and that 25 foot right of way. I have never used it and I don't intend to use that right of way. SOUTHOLD TOWN BOARD OF APPEALS -8- MARCH 24, 1966 THE CHAIRMAN: When was the 20 foot by 50 foot addition put on the building? JAMES HOMAN: About four or five years ago. R. TERRY~ JR.,ESQ.: I represent George Braun~ the man whose residence is right here. This area ~ointing to sketch) was purchased separately and bought as residential property~ This is the enlargement of a non-conforming use into property that was residentia~nd not part of the business. I Think this application is imprope~ .. I think that the original granting of a permit was invalid. This would be to violate the purpose of the Zoning Ordinance. MR. HULSE: I understand that when this was built 14 or 15 years ago it went over into the next lot. JAMES HOMAN: That's right. R. TERRY, JR.,ESQ.: I was under the impression that the original building was built right to the line~ but there had been no extension over into two parcels. THE CHALRMAN: I think that if we move to grant this application~ a condition would be that there be no further expansion of this non-conforming use. R. TERRY~ JR.,ESQ.: The expansion that has already been created violates the spirit of the Zoning Ordinance in that it has passes what you would consider 50% of value. THE CHA~: I think we will reserve decision in this matter. JAMES HOMAN: May I take exception to what Far. Terry said. This has been farm land. This area was built upon when Mr. Braun owned the business~ and he has built his residence on it. R. TERRY, JI{.~ESQ.: Mr. Braun objects to the continued expansion of it to become more commercialized. My point is that it violates the spirit of and the intent of the Zoning Ordinance. SOUTHOLD TOWN BOARD OF APPEALS --9- MARCH 24, 1966 Mr. Homan pointed out the importance of his business by being able to store large quanties of seafood in his freezes until such time as the desired pr~cec~n be obtained. Mr. Homan pointed out this was his reason for asking expansiont for additional freezer storage space. THE CHAIRMAN: Is there anyone else present who wishes to speak against this application. MR. L. GREEN: I oppose the granting of a building permit. This is a residential area. You can find dead fish carcusses~ and thugs like that here. I oppose this. THE CHAIRMAN: Is there anyone else present who wishes to speak against this application? (There was no response.) It was unanimously agreed that decision be reserved on the application of Braun Oyster Company, Cutchogue~ New York. PUBLIC HEARING: Appeal No. 832 - 8:15 P.M. (E.S.T.), Upon application of E. Kennith Tab~, Orchard Street~ Orientt New York~ for a special exception in accordance with the Zoning Ordinance, Article X# Section 1003A, for permission to add an additional housing unit to the existing farm labor camp. Location of property: south side Orchard Street~ Orient,New York~ bounded north by Orchard Street~ east by Ted Rohloff, south by Eillen Chaikin, west by Eula Rackett. Fee ~aid $5.00. The Chairman opened the hearing by rea~g 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? RENNITH TABOR: Mr. Terry was down there the other day and he seem to think the situation was alright. THE CHAIRMAN: How many men do you have at the camp now? KENNETH TABOR: There are sixteen men. SOUTHOLD TOWN BOARD OF APPEALS -10- MARCH 24, 1966 THE CHA//RMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Would anyone like to ask any questions pertaining to this application? (There was no response.) After investigation and inspection the Board finds that the applicant wishes to move another building onto the location of his labor camp. This additional building will be used to house a tractor man who will,ye here all year around. The size of the building in question is 26 feet by 12 feet. The Board finds that this camp has been in existence for many years. The Board further finds that there is ample room for the building on the property, thus there will be no overcrowding of land. The applicant states in the application that a permit for the operation of this camp will be obtained from the Suffolk County Department of Health Before the camp is opened for ~e season. The Board finds that the public convenience and welfare and justice will be served and the legally established ~r 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 by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that E. Kennith Tabor~ Orchard Street, Orient~ New York, be granted permission to add an additional housing unit to the existing farm labor camp on property located on the south side of Orchard Street, Orient, New York, subject to the following condition: 1. This building shall be constructed in accordance with the ruling of the Building Inspector in regard to the location of the building on the px~erty. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr. Hulse~ Mr. Grigonis, Mr. Doyen. SOUTHOLD TOWN BOARD OF APPEALS -11- MARCH 24, 1966 PUBLIC HEARING: Appeal NO. 833 - 8:30 P.M. (E.S.T.), Upon application of Eastern Suffolk Cooperative, Inc., Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1003A, for permission to erect housing for the accommodation of farm laborers. Locationof Property: west side Cox Lane, Cutchogue, New York, bounded north by Leander Glover, east by Cox Lane, south by N. Harris, west by Leander Glover. Fee paid $5.00. The Chairman opened the hearing by read lng the 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: The application to some extent speaks for itself. These dwellings will house laborers used on the farms in the Town of Southold. I was a director of this cooperative once, and it was very discouraging to realize how little money was available and h~w much needed to be done. I took some pictures this afternoon showing holes in the wals of these buildings. Most of these buildings will be tore down. Two or three of the buil~gs are in good condition, and the school that was established there, I believe is to stay. All of this is by way of preliminary and history. I might also say that normally in the past when we have had hearings concerning labor camps we have attracted a good deal of a crowd. These people objected 100 per cent. I recall the first big hearing. 500 people were there, and 500 people objected. Thre was some reason for being against this location. In this case, there a~ woods one half mile. to the south, one third mile to the morth, this is bounded by woods and this is the ideal place to have a labor camp. Many times the objections of people against labor camps has been why can't you use the Cutchogue Labor Camp. This is ~&t is proposed to be done now. I have found from my own experience that the better facilities you supply for the laborer, the better grade of people that you attract. I will caution you about speaking for or against this labor camp. What you say should be fact and not opinion. We may proceed now, and I will ask to hear from anyone present who wishes to speak for this application. SOUTHOLD TOWN BOARD OF APPEALS -12- MARCH 24, 1966 HORACE D. WELLS, County Agricultural Extension Service Agent: I have worked with the Eastern Suffolk Coop since 1944. What you said there in the beginning is very true. OUr intention is to clean this camp up. The new buildings will be all fire resistant. There will be accommodations for 124 laborers. This isr~t going to be a great big camp. There will be just enough to meet the needs of the farmers in this area. THE CHAIRMAN: There used to be some 400 laborers there. Now the camp will be limited to/24 laborers. MR. WELLS: This is for 124 people. It isn't a~ticipated that there will be any more there. THE CHAIRMAN: Most of the building are going to be rebuilt then? MR. WELLS: The buildings that can be repaired will be kept. The office and the shower room can be kept. THE CHAIRMAN: The school house is not in good repair? MR. WELLS: It is in fairly good repair. There are a couple of~her buildings that will be kept. The Dixie_Bell restaurant will be rebuilt. All this, if permission is granted here tonight. THE CHAIRMAN: What is CAST? REV. ARTHUR B~55~/qT: Rev. Burns is the Chairman of CAST. CAST stands for Community Action Southold Town. It was formed by the Roman Catholic and Protestant groups that are interested in working for the betterment of the migrant. Community action projects are our primary concern. We have talked in terms of helping the farmers rebuild this labor camp for a long time now. We also have a Southold Town Economic Committee. I am the Chairman of this, and at this time I am the Chairman of the Southold Town Human Relations Committee. I am appealing with the farmer with each group I have mentioned, CAST, Southold Town Economic Committee, and Southold Town Human Relations Committee. We are all >highly in favor of this. THE CHAIRMAN: Is there anyone else who wishes to speak in favor of this application? SOUTHOLD TOWN BOARD OF APPEALS -13- MARCH 24, 1966 WIT.T.ZAM SCHRIEVER: TO continue in this matter of CAST, about a year ago, maybe more, we started CAST primarily to see what could be done to improve the situation of the migrant. THE CHAIRMAN: That was the original purpese of starting CAST? Do you have VISTA people here? WILLIAM SCHRIEVER: We have 5 VISTA people here. ~ VISTA stands for Voice is Service to America. We had several VISTA people in the camp to see what can be done about improving the camp or helping ~ the camp and the laborer. The migrant helper is a economic', necessity to the Town of Southold. If the migrants are going to be here, the conditions can be improved. Some time ago I was made Chairman of a committee to look into what would be needed to repair this camp. We took this matter up with Brick Stelzer, head of the camp at that time. We didn't get too far with it. We went to see the Senator to see how it could be financed. At that time there was no grant available. There was a loan availabe, but the terms of the loan were quite below · the amount of money it would take to fix the camp, and it was impossible for us because of the high terms. We understand at this time the Senate Legislature has created the opportunity for grants in this field. At the time, financing was the thing holding us back. Now there are funds available, and there are grants in the amount of money that is needed. This is a wonderful opportunity. This camp is necessary to the farmer. I would request that the Board act favorably on this application. THE CHAIRMAN: Is there anyone else present who wishes to speak in favor of this application2 MR. BUSHUE: I am aVISTA volunteer. I stayed in this camp for three months and I don't think I need to emphasize on this. There is one aspect of our training where we were going into labor camps that were established, we were not to interfere with them or the community activites. One of the important things that they feel we should do with these groups is try to improve conditions in these camps. The fact that the Federal Goverment grants money for this is an indication of the need for improving these camps. Not just the Federal Government, but the Health Department and right down the line indicate a need for improvement. When we have interviewers go down to North Carolina to interview these laborers we found a good many of them who use to come here, no longer come up here. You ask them why they no longer come to New York to earn a living, many times there answers are: Unless we get a better place to live we are not going back to Long Island. ', SOUTHOLD TOWN BOARD OF APPEALS -14- March 24, 1966 THE CHAIRMAN: Is there anyone else present who wishes to be heard in favor of this application? MR. DIETRICK: (Department of Labor): Our job is to provide laborers for farmers and growers in the Long Island ARea. Over the past years the job of attracting workers to many farms along Long Island has become more difficult, particularly beaause of the problem of housing. This is very important to The workers from the South ask: what is the housing it clean, is it sanitary. Too many times the camps the Health Department requirements. The camps need up and need to be cleaned. From years past when we we have wanted to rebuilt the Cutchogue Labor Camp. the worker. like, is don~t meet to be fixed had a fire THE CHAIRMAN: Part of your job is to b~ing in the laborers? MR. DIETRICK: We are involved to inspect this and get an outlook of what willie coming up each year. THE CHAIRMAN: Do you plan to have any /mportation of laborers this year? MR. DIETRICK: There is no importation planned ~or New York State. THE CHAIRMAN: There will be no Puer. to:~l%tea~$? MR. D~ETRICK: Yes, we will have Puerto R~cans~' THE CHAIRMAN: Is there anyone else present who wishes to be heard in fauor of this application. PHILIP HORTON~ Executive Secretary to the Farm Bureau: The need for this camp is very real. I request that you grant the cooperative approval of this application. THE CHAIRMAN: Anyone else wish to speak in favor of? (There was no respons~o) THE CHAIRMAN: Is there anyone present who wishes to speak in opposition to this application? MR. WI?~.IAM BOLENIUS: I live along Cox Lane~ between Route 25 and 27A. I object to this camp, it is not desirable to the residents here. I think you yourself commented on the ideal SOUTHOLD TOWN BOARD OF APPEALS -15- MARCH 24, 1966 location of the camp. It is quite probable that the people who have spoken for this camp don't live on Cox Lane. We have a stream of drunks going by our house on Saturday night from this camp. We had one occassion last summer when two of the residents of the camp, drunk~ tr~ed to tear off our front door. Another occassion my wife happen to be home alone, a couple of them, drunk, banged on the back door. They demand she open the door and open the barn, so that they might sleep in our barn. THE CHAIRMAN: How do you know that they were from the Cutchogue Labor Camp? MR. B~LENIUS: The police came by and picked them up and took them back to the camp. Every week end they use the trees in front of our houses for bathrooms. We wake up in .the morning and find that they haven't been able to make the camp so they sleep along the road side. in front of the house. There is often trouble in this camp. If you have any doubt about that, you take a look at the police blotter. I am also speaking for Mr. Glover who lives to the south of me. I am not in favor of this labor camp continuing. You speak about having a better grade of people if we have better facilities. I wonder if we all realize that the members of this association do not take responsibility for the conduct of these people. They turn it over to a gang boss, and the gang boss is re~nsible for them. THE CHAIRMAN: When did ~ou buy your property? MR. BOLENIUS: ~n 1955. THE CHAIRMAN: I wonder if the migrant camp didn't have a manager at that time? MR. BOLENIUS: Of course, you know it did. I also might add, I question whether you should be sitting on the Board of Appeals in a matter that you had personal interest in. THE CHAIRMAN: I no longer farm. There is always a question of conflict of interest somewhere in the Town. There are three principle business in the Town. Agriculture, business and the summer resident. MR. BOLENIUS: My po~.~t is this, who leads or runs the camp? There are a number of ~derswwho use this camp and use the help. Graders who grade other~'~r~'POtat°es- People that don't even farm use this camp. SOUTHOLD TOWN BOARD OF APPEALS -16- March 24, 1966 MR. BOLENIUS: I don~t know if you were there when they had a school at the camp. The camp pays $1200.00 for the use of the people to educate the migrants three months in the fall. It's in the interest of the people if we are going to have a school there. THE CHAIRMAn: I just said that the present school house is going to remain. MR. BOLENIUS: And if we bring the school children into East Cutchogue School it should have been advertised here, and have a hearing in East Cutchogue. I happen to be a member, the treasurer of the School Board. If we have to take family people into this camp it makes problems. The ~eople who are members of this coop are not going to have to pay school taxes. The people who live in our particular school district will pay the school taxes. What we wanted to do is have the association pay part of the cost for the school for the children from the camp. Does the associ~t[o~ pay anthing? Not a nickle. They use our school and they use our people. THE CHAIRMAN: I believe that Mr. Wickham and his wife started this school in 1955. It had nothing to do with East Cutchogue School. They were trying to fill a need for the migrant. MR. BOLENIUS: My point is that the people who are involved in this, and have an interest in this have not told the people in East Cutchogue School what is involved. THE CHAIRMAN: Is there anyone else present who wishes to speak against this application? (There was no response.~ THE CHAIRMAN: Does anyone wish to rebut what Mr. Bolenius has said? HORACE D. WF. TW.S: I know that when Mr. Ste~zer was alive he tryed to get legislation so that the other school districts in the area were to help support the school. MR. BOLENIUS: Mr. Stelzer did get some legislation passed that would permit peeple from other district~ or the members of the coop to contribute toward the school. At that time some of the school~themselves did not want to go along with it. I believe that Mattituck was one of the schools that did not want to go along with it. SOUTHOLD TOWN BOARD OF APPEALS -17- MARCH 24, 1866 MR. SCHRIEVER: I am not clear on this. I would like to ask a question. In the first place, I believe that the State provides funds toward the education of these migrants. MR. BOLENIUS: The State provides part of the funds for the small schools. MR. SCHRIEVER: They pay part of the funds. The other thing would like to ask, is this camp subject to Real Estate tax? MR. BOLENIUS: Yes. MR. SCHRIEVER: Do you know the assess valuation of the property at the present time? W!?.?.ZAMCHUDIAK: President, Eastern Suffolk Coop, Inc.: The assess valuation is aboutJ$42Q0.00. MR. SCHRIEVER: What would the taxes be after these improve- ments have been made? W!!.T.IAMCHUDIAK: About $2,000.00. THE CHAIRMAN: Have you looked into the matter of taxes? W!T.?.IAM CHUDIAK: Yes, I have. WTT.T.T_AM SCHI{IE~-ER: This should cover the cost of the school. Alot of the farmers don't even send children to school yet they have to pay school tax~s-. 'i'VE CHAIRMAN: Would anyone like to rebut the matter of drinking at the camp? WILLIAM CHUDIAK: You are going to have those that drink no matter where the camp is. I don't think we had any more drunks this year then we have had other years. I think that M_r. Bushue can answer you on that point. MR. BUSHUE: That will varify the fact they had the camp other years. We know that some of the men are going to drink, whether they are white or whatever. There w~re some drunks there. Four of us lived there and some nights it got a little rough. But let's look at it another way, this camp is going to be there anyway. THE CHAIRMAN: I~,see~s' t6 me that there should be some kind of an educat~on~pr~ to educate these people to respect ~ SOUTHOLD TOWN BOARD OF APPEALS -19- MARCH 24, 1966 MR. BOLENIUS: The reason I ask about this, you sat that better ~uildings will bring better people. Won't better pay bring better people? WIT,?,~CHUD~: NO. Rev. ARTHUR BRYANT: We had a hearing some nu~nths ago in Riverhead. We had the chairman there on migrant legislation. There were a number of members of the Eastern Suffolk Cooperative at the hearing. When the time came for any conflicting opinions, for any voices in opposition to an increase in the minimum wage, not a voice was raised. This is one little experience. The thought that I had here was that we ask that the migrant camp be repaired, however, the camp could continue as it is, and we can still use the old buildings. MR. BOLENIUS: The health department has orde~]the removal of the buildings~ it is stated right in the application. REV. ARTHUR BRYANT: These buildings could be fixed up enough to operate the camp for another year. THE CHAIRMAN: How many of the buildings have to be torn down? WT?~.IAMCHUDIAK: isn't in use anymore. have to be torn down. One of the cabins nearest the road which There are two or three buildings that will THE CHAIRMAN: How much of the accommodations, in terms of people, have been ordered to be removed? WT?.?.IAMCHUDIAK: Just the cabins. to see what has to be done. I was over there today MR. HULSE: How many laborers could you presently house? WI?.T.IAM CHUDIAK: About 200 people. FRANK BARKER: Could the cooperative have this continue all year around? For example~ could they make residential apartments here? THE CHAIRMAN: I think that there is some doubt anybody could expand it as apartment houses because of density restrictions. SOUTHOLD TOWN BOARD OF APPEALS -1~-- MARCH 24, 1966 the property rights of other people. MR. BUSHUE: We need recreational facilities fc~these men, and maybe a summer library. There isn't much for these fellows to do after working hours and on the week ends. We have been in the camp this summer and worked with the crew leader and the migrant. You are going to find drunks there. I don't think its been to, tough. IncidentlyMr. Glover was down to the camp almost every day for men. FATHER HOGAN: As far as I know these crew leaders who recruit these crews and bring them up on Long Islamd are people who like to bring up men who don't have famil~s, and like to bring up men who like to drink. Just because ~e men drink, it doesn't mean they still can't do a good days work the next day. If you have a better grade of people coming up here you will have a better labor force. These men are living in World War K barHacks. The farmers are very interested in bringing up a better grade of laborers and having a better labor force. (Mr. Herbert Cassidy rose to speak in .favor of : the labor camp however his ,,comments were not audible) R. TERRY, ESQ.: I think that Mr. Bolenius's points are very well taken. I would just like to point out the fact that we have personal property rights, and I think that here .is an opportunity for the community organizations, such as CAST and VISTA and the Eastern Suffolk Cooperative to do something for these people and see that the men are taken care of. THE CHAIRMAN: No one has ever solved the drinking problem. R. TERRY, ESQ.: Some provisions should be made for the migrant so that they will have something to do over the week ends. MR. BOT~N~3S: May I ask the type of pay these laborers get. What do you pa~ the laborer? If you pay more money you would get better grade of people.. This is obvious. You get what you pay for. What is the pay rate? WI?W,IAMCHUDIAK: I don~t think that it concerns this hearing. We pay the mininum wage that the State of New York set and the Federal Government. We pay the set wage. SOUTHOLD TOWN BOARD OF APPEALS -20- MARCH 24, 1966 FRANK BARKER: Farming is meving out of the community. THE CHAIRMAN: That has been said for a good many years and it is still here. Is there anyone else present who wishes to speak in ~avor of this application? CHARLES EDWARDS: I use to live in Greenport. I worked on a farm for many years. I came up from the South and worked on farms. I worked for a man by the name of Simeoni and he treated me just wonderful. He was a wonderful man. He invited me to his table to eat. He said if I could work with him, he could give me a sandwich and invite me to his table. That put a big spot in my heart for him. And I try to pay him back by being to work on Monday mornings, because I was being treated so nice. I use to go up to the camp and visit and have a nice time. The last of couple of years it hasn't been so good. These people that come up here need to know that somebody cares. This man I worked for taught me alot. He taught me how to run a tractor~ how to work on a tractor~ how to work on almost anything. I was about 16 years old when I started. THE CHAiRMAN: Is there anyone else present who wishes to be heard on this application? NELSON AXIENE: It appears from what is said htre that Eastern Suffolk Cooperative would have the righted repair the present buildings. THE CHAIRMAN: If this application is granted. Is there anyone else present who wishes to speak one way or the other in regard to this application? (There was no response.) THE CHAIRMAN: Is there anyone present who would like to ask any further questions in regard to this application? (There was no response.) SOUTHOLD TOWN BOARD OF APPEALS -21- MARCH 24, 1966 After investigationt inspection and public hearing the Board of Appeals determines the following: Eastern Suffolk Cooperative has petitioned the Southold Town Board of Appeals for approval to erect modern fire resistant buildings, and renovate some old buildings for the accommodation of laborers us~on the farms in Southold Town. The buildings will accommodate 124 laborers, of whom 48 will occupy a new barracks building. Included in the new construc~on are accommodations for 14 family units. The Board finds that the camp will be equipped with a dinning hall and modern lavoratory facilities. It is the Board's opinion that the location of the camp~ Cox Lane, Cutchogue, is an ideal location for the labor camp. This property is bounded by woods for a considerable distance on all sides. The Board finds that the labor camp in question, the Cutchogue Labor Camp, has housed 400 laborers. The camp could house approximately 200 laborers now with the present useable buildings. The proposed new and renovated buildings will provide for the accommodation of 124 laborers, with provisions made for laborers with families. The Board points out that labor is necessary to farming. The Board further points out that this labor camp could continue to operate with its present buildings. It was the feeling of some of the people present at the hearingt that better living facilities would attract a better grade of peoplet thus creating a better labor force. The Board recognizes that this proposal has the support and approval of the County Health Department, Suffolk County Human Relations Commission, CAST, Suffolk County Council of Churches~ the Agricultural Depar~ent of the County Extension Service, and others. The Board points out that new construction would be a definite improvement over the existing housing units on the property. The construction of new housing units would increase the value of the property~ would probably reduce labor turnover~ and attract capable help. SOUTHOLD TOWN BOARD OF APPEALS -22- MARCH 24, 1966 Accordingly~ 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 by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Eastern Suffolk Cooperative, Inc., Cutchogue, New York, be granted permission tO erect new housing units and renovate some old buildings for the accommodation of farm laborers on property located on the west side of Cox Lanet Cutchogue, New York, bounded north by Leander Glover, east by Cox Lane, south by N. Harris~ west by Leander Glover. A condition of granting this permissive use shall be that no future expansion may be undertaken without the approval of the Southold Town Board of Appeals. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulset Mr. Grigonis, Mr. Doyen. The Board of Appeals reconviened the hearing upc~application of Braun Oyster Co, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article X~ Section 1007, Subsection (E), for permission to expand a non-conforming building. Location of property: south side Main Road, Cutchogue, New York~ buunded north by J. Homan-Mehl, east by James Homan~ south by George Braun, west by Stillwater Avenue. THE CHA/d~MAN: Mr. Terry, the point you were making is that this previous expansion crossed the residential line. Ro TERRY, JR.,ESQ.: The gHanting of the budding permit previously exceeded the limit of expansion. My contention is the previous expansion should have been a special exception. I thought it was the intention of the Ordinance that non- conforming uses would gradually expire or start business in the properly zoned area. I think this exceeded 50% of its value when the Zoning Ordinance went in%e effect. SOUTHOLD TOWN BOARD OF APPEALS -23- MARCH 24, 1966 THE CHAIRMAN: We run into trouble when we try to determine what constitutes 50% of the value. R. TERRY, JR.,ESQ.: My point/in granting this application a business will continue in a residential zone. MR. BERGEN: This was built on residential property before zoning went into effect. R. TERRY, JR.,ESQ.: A special exception should have been applied for when the last alteration was made, the two story expansion. THE CHAIRMAN: ~ointing to sketch) This man who owns this lot bought his house after the ~, business was established? He knew the business was there? R. TERRY, JR.,ESQ.: He didn't expect that there would be a continuation of this use. THE CHAIRMAN: The two story building was a 50% of the value of the building expansion. R. TERRY, JR.,ESQ.: If the business has grown, it should be transferred to a business zone. Maybe this whole area should be rezoned to blsiness. say MR. HOMAN: If I may/something here. (Mr. Homan pointed to the parcels of land wh~re the expansion had been built.) The business was here when Mr. Braun bought his home. R. TERRY, JRo,ESQ.: When Mr. Braun built is $40,000.00 home there, he had the business. It was not the size it is today. It wasnSt the size that Mr. Homan is trying to make it. By granting this application you will allow a non-con- forming use to expand further into a resid~tial area. (The Chairman explained the history of non-conforming uses in the original zoning Ordinance. He explained that at the time the zoning Ordinance was set up~ and land was zoned, it was impossible to predict what businesses would survive and expand and what businesses would eventually expire.) SOUTHOLD TOWN BOARD OF APPEALS -24- MARCH 24, 1966 R. TERRY~JR.,ESQ.: He has alot of equipment in this building, the generators do make noise and .' vibrate. THE CHAIRMAN: This proposed addition is for storage? ~%MES HOMAN: Yes. R. TERRY, JR.,ESQ.: For more storage they will have to have more generators, they will have more noise. GEORGE BRAUN: I use to run the business without all of this. JAMES HOMAN: You di~t g0~into the supermarkets, and everything wasn't kept ~S~h~ · ~ MR. HULSE: Mr. Braun, did you build the original building? MR. BRAUN: Yes, some 30 years ago. (The amount of freezer storage space and the amount of working space in the original building and in the present addition were discussed. Also an access to the proposed addition was discussed.) GEORGE BRAUN: How would you like to have this next door to your $40,000.00 home? MR. HULSE: The business existed before you built your home. GEORGE BRAUN: It was not the size it is now. to putting buildings in my back yard. I object (An alternative location for the propesed addition was discussed, however, there is no other feasible location for the addition that is proposed.) THE CHAIRMAN: Are there any other questions or anything anyone would like to add to this application? (There was no response.) THE CHAIRMAN: How many houses were bought or constructed after the business was established? (Mr. Braun pointed to the sketch of the area, indicating approximately 6 adjoining property owners who had bought or constructed homes after the oyster business was established.) SOUTHOLD TOWN BOARD OF APPEALS -25- MARCH 24~ 1966 THE CHAIRMAN: Is there anyone else present who wishes to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that the Braun Oyster Company request permission to expand a non-conforming use. The Board has carefully examined all the arguments against this expansion. The Board finds that this business existed long before the enactment of the Zoning Ordinance, and is now bounded north and west by residences which have been purchased or constructed with the full knowl~e that this seafood business existed for many years at its present location. It was not the intention of the original zoning commission to penalize unnecessarily one section of the economy at the expense of another. The Board finds that the proposed expansion is a natural growth as a result of filling a definite need for this type of operation to assist shell fisherman in marketing operations$ that expansion of the site to the east is not possible at present; that a considerable p~rtion of the product is marketed on Long Island; and further that the natural growth of native business is inhibited by a lack of adequate business and industrial sites. Approximately 100 baymen, including scallopers, shellfish and fisherman would be substantially affected by the expiration of this operation. Accordingly, 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 by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Braun Oyster Co., Cutchogue, New York, be granted permission to expand a non-conforming building on property located on the south side of Main Road, Cutc hogue, New York, bounded north t~ J. Homan--Mehl, east by James Homan, south by George Braun, west by Stillwater Avenue. ~ SOUTHOLD TOWN BOARD OF APPEALS -26- March 24, 1966 A condition of granting tt~s application shall be that no further physical expansion of the present buildings may be undertaken unless the site is enlarged and/or the zone changed to permit the operation of this type of business. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis, Mr. Doyen. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the minutes of the Southold Town Board of Appeals ~atedMarch 10, 1966, be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse~ Mr. Grigonis~ Mr. Doyen. On motion by Mr. Gillis~, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M.~.S.T.), Thursday, April 7, 1966, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Anchor Inn, Mill Road, Mattituck~ New York for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (A), for permission to erect a directional sign on the property of Conrad Bullock, Jr. Location of property: north east corner of Middle Road and Cox Neck Road~ Mattituck~ New York, bounded north by D. Fowler-Westphaila Rd., east by Wells-Gilles, south by Middle Road-George, west by Cox Neck Road. Vote of the Board: Ayes:-- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigor~s, Mr. Doyen. The meeting was adjourned at 11:05 P.M. Respectfully submitted,