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HomeMy WebLinkAboutZBA-01/13/1966Southold Town Board o? Appeals SOUTHOLO, L. I., N. APPEAL ~OARD MEMBERS Robert ~(/. Gillispie, Jr., Cha~rm~n Robert Bergen Charles Gregonis, Serge Doyen, dr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS January 13,. 1966 A regular meeting of the'Southold Town Board of'Appeals was held at 7:30 P.'M~,. on Thursday~ January 13, 1966,. at the Town Office~. Main Road, Soutbold~ New York. There were present: Messrs: Robert'W. Gillispiej. Jr.~ Chairman; Robert Bergen,. Fred ~ulse~ Jr.~. Charles Grigonis, Jr. Absent: Mr.- Serge Doyens. CJro PUBLIC HEARING: Appeal No. 822 - 7:30 PZM.'i~.S~T.)~,. Upon application of Helmut Hass, North Road~. Southold, New Y~rk~ for a variance in accordance with the Zoning Ordinance, Article III,. Section 303~. Article'X~' Section 100OA~ for permission to change lotlayout on building permits with insufficient frontage and area. Location of property: southside North Roa~ private subdivision south side Old Cove Blvd., bounded north by'Old Cove Blvd.~ east'by Beverly Road, south'by Donald Bowman-Pond, west by Chester Smulcheski. Fee paid $5°00 The Chairman opened the hearing byreading the application for a variance~ legal notice of hearing,, affidavit attesting to its publication in the official newspaper~ and notice to the applicant. Southold Town Board of Appeals -2- 1966 THE CHAIRMAN: Is thence anyone presen' heard in favor of this application? wi~es to be STA~LEYCORWIN~ ESQ.: I have nOthing furtherto add to the application except to offer'anything that you might~feel would be helpful to you in making your determination. I know something about the history of the development. Ail of you are probably familiar with the property~ and the houses in the vicinity-~ so that you don~t need a long winded explanation. THE CHAIRMAN: There is one thing I don't understand. is item 4 in the rider attached to the application. "At the time the applications were made for numbers 1364 and 1365~ the plot plans were of the Old Cove Colony which showed one 50 Was there a predecessor to Hass? What That It reads: bear S~mean? STANV.R¥ COR~IN, ESQ. : Several layouts were made of this. One that was made in 1956 was a subdivision. It started down here ~ointing to map) and'came all the way around to lot number 12, and this is the Area we are talking about. These houses were put'up on all these lots here. They are all sold. He made application for 100 foot lots here,~ and here in this area~ leaving 10 feet for anyone that would need access. He originally conveyed the motel from himself to the corporation~ leaving the road to get to lot number 10. At tbs time he sold the motel he sold lot number 5 or 6 and bought another lot down heres Afte~ he did that, he~ithheld from the deed the right to proceed ~cross lotnumber 1~. He had space between here so he could Convert these foot lots. THE CHAIRMAN: The motel was conveyed to his STANI~Y:COR~IN~ ESQ.: ~ointing to the map) This is the Smulcheski property. The motel is off this map~ west side of Carroll Road. The motel owns 100 feet in here. In addition to buying the motel property~ he bought everything down to here. THE CPL%IRMAN: The only ones that don't have access are the ones in the business area? S~yICORW~N~ ESQ.: That is right. Eouthold Town Board oE Appeals -3- January 13~ 1966 T~ECHAIRMAN: Are there any other questions? (There was no response.) THE CHAIRMAN:' Does everyone under stand this situation? MR. BERGEN: Is there city water there now? STANLE¥CORW~ ESQ.: I think that the map shows where the water lines come in, (Mr. Corwin pointed out on the map whatlots where served by the ~ater mains,) THE'CHAIRMAN: Are there any other questions? ST~i~v.R¥CORWIN~ ESQ.: I think that you understand it because it is a summer'area and because it would not be detrimental to grant this application. CHAIRMAN: This appears to be a reasonable reques~e After investigation and inspection the Boardfinds that the applicant request permission forthe division of property. The Boardis in agreement with the reasoning of the applicant as set forth in the application to the Board of'Appeals, The Board finds that the area in question is largely devoted to summer use. The Board finds that there are other 50 foot-lots in this immediate area. The Board finds that the applicant proposes tomake three lots out of 2 lots and a 50 foot parcel that was reserved for access up to the present time. The Board further finds that city water is available for the lots created. The three lots crea~ed will be approximately 9~000 square feet,~ 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 properties alike in the immediate vicinity of this property and in the same use district; and thevariance does observe the spirit of the Ordinance and will notchange the ,character of the district. Sou~hold Town Board of Appeals -4~ January 13~ 1966 On motion by Mr. Gillispie, seconded by F~r. Hulse~ it was RESOLVRD that Helmut Hass, North Road~ Southold, New ¥ork~ be granted permission to divide lots with insufficient frontage and area on property located south side North Road~. private subdivision south side Old Cove Blvd.~ bounded north by'Old Cove Blvd.~ east by'~everlY~Road~, south bY Donald Bowman-Pond~ west by'Chester Smulches~i. This variance is granted subject to the following condition: 1. The Board of appeals shall not consider faVOrably any side yard variances on any of the three lotscreatedo Vote of the Board: Ayes:-- Mr. Gillispie~. Mr. Bergen~ Mr. Hulsea Mr. Grigonis. PUBLIC ~ARING: Appeal No. 823 -- 8:00 P.'M.~jS.T.)~ Upon application of Samuel Glickman~-Esq., a/c Blake Bolling~ Aqueborgue~ New York~ for a special exception in accordance with the Zoning Ordinance. Article X~-Section 1003a,. for per-- mission to operate a non.farm labor camp. Location- of property: east side Queen Street. Greenport~ New York~ bounded north by'Simon ~alinauckas~ east by Mrso Emil Conklin~ south bySteven Sledjeski, west by Queen Street. Fee paid $5.00. The Chairman opened the hearing by reading the application for' a special exception~ legal notice ofhearing, affidavit attesting to its publication in the official newspaper~ and n$~ice to the applicant. THE CHAIRMAN:-One~ reason this case is beforeus now is because someone moved a new building on the property, STANLEY"COR~F~_N~ ESQ.: Blake Bolling was going to buy this building. There ~as a question in our minds whether a change of ownership needed a newapplication. The building inspectorsaid that it did~.soMr. Glickman made the application. THE CHAIRMAN: The question also came to my mind as to whether or not this Board has the authority to act on this application. It was myunderstanding that a use variance went with the land and not with the individual. Southold Town Board of Appeals -$- Januaryl3, 1966 STANV~Y'COR~IN~ ESQi: That way my interpretation. THE CHAIRMAN: We never had a case like this come up before. MRS. KATZ: May I ask for a classification of a non--farm labor camp? THE CHAIRMAN: A farm labor camp is where the camp is closer to the owner's~sidence than to any one else~s residence. One of the reasons~t~at was that they would put the help as far away as they could. Farmers do not'need a permit when the camp is closer to their own residenc~hen someone else~s residence. That's why it makes quite a difference in how a farm is run. STANLEY CORWIN, ESQ.: You see the problem is that you get into multiple residence when you talk about labor camps. MRS. KATZ: The problem is that residences don~t want the labor camps. THE CHAIRMAN: As I understand it, it was a labor camp that started zoning in Southold MR. HULSE: (.Pointing to photograph in the applican~s file) Which building is this? STAS~Y~CORWIN~ESQ.: That~'s the building that was moved on there. MR,' HULSE: ~ointing to photograph) This is the building they want to use? STANLE¥CORWIN. ESQj: That is to be used to house labor. MR. HULSE: They are not going to use the big house? STAN~Y CORHIN,.ESQ.: That house belongs to LeoZaljeskio MR. HULSE: ~ointing to photograph) This is the building moved on the premises~ this is the building used for the laborers. It looks like someone is living in this house here. STA~Y CORWIN~ESQ.': That is the care takers house. That is not part of the labor camp. Just the one building is part of the labor camp. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? $outhold Town Board of-Appeals -6- January 13~ 1966 ~There was no response.) THE CHA~: I don~t think I would like to act on this application without first getting a determination from the Town Attorney on this. STANLEY'CORHIN~ESQ,: I would like that too. You might be setting a precedent on this. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MRS. EATZ: I am a member of the press and also a resident of Southold Town. THE CHAIRMAN: Whatpress? MRS. KATZ: The NewsReview. My first question is~ does Blake Bolling farm? THE CHAIRMAN: Not to my knowledge. MRS.' KATZ: What is he. a crew leader? THE CHAIRMAN: Yes~ he is a crew leader. MR. HULSE: He works in a grading station. MRS. KATZ: Why establish this in Southold Town if he lives in Aqueb0rgue? Why doesn't he move his camp to Aqueborgue? THE CHAIRMAN: Then you run into a transportation problem of transporting the laborers to their jobs. ~The Chairman went on to explain that the Greenport~Labor Camp use to house many laborers for different farmers. Ho~ever~ since this camp has ceased to e~ist, it has been necessary for the individual farmers to provide housing fortheir help.) BILL MOELLER: Do theyt~ve their wives and children in the camp? THE CHAIRMAN: I can't say. You don'~t know who~s coming up. When I had my camp sometimes the children came. However~ I found that the better quarters you provide thebetter grade of indivuals you attract. The complaint often against labor camps is that Southotd Town Board of Appeals -7- January~13~ 1966 they are a spot oftrouble. This isn't always true. It's sometimes difficult to mmke~a farmer get rid of a trouble maker because they are often the best workers. MR. HULSE: It,s stated in the application that the camp has a permit from the County Board of'Health. How many laborers is the permit for. They usually specify the number. ST~/~.R¥ CORWIN,- ESQ.: I don ~ t know · THE CHAIRMAN: ~orty--five laborers are the limit. B~T~T. MOE~W.~R: Is this on a year around basis~ 12 months a year? THECHAIRMAN: I would say no because I don~t know what they would do the entire year. Sometimes in the winter they woul~ store potatoes. When we were at the camp there were only five or six men there. BOB'LONG: You have indicated that nothing says he can't -have wives and children in the camp. Once this thing is okayed that puts them in the Greenport School District and the tax payers have to pay for them. THE CHAIRMAN: I ~idn~'t seenany trouble when we were there. BOB LONG: Once this thing gets set up~ there is not enough tax payers coming out of it. THE CHAIRMAN: You have the very same situation in'Cardboard City. BOB LONG: That's true. but it'~s too late to stop that now. However~ it's not too late to stop the labor camp and the children overcrowding Greenport SChool. STANLE¥.'CORWIN.ESQ.: Many of the laborers with children come in the summer. BOB~LONG: They stay into the Fall and we have to provide for them. How many farmer~ do we have in the Greenport-Village District? We have very little working farm land left in Greenport? Southold Town Board of Appeals -8- January 13,~ 1966 THE CHAIRMAN: Does Mr. Rempe have any farm land? BOB LONG: Mr. Rempe is out of the Greenport Village District. I can't see putting a labor camp in that area when we have no call for it. MRS. KATZ: When did Len Jones sell it to Bolling? STANLEY CORWIN~ESQ.': AbQut two months ago. THE CHAIRMAN:~nwe have an application for a variance there are three things we have to consider: 1) a unique hardship, 2) un- usual hardship; 3) will it change the character ofthe neighborhood. In the case of a special exception this Board has a list of things we have to take into consideration. Mr~ Corwin~ was this camp in existence before zoning went into effect. STAN~YCORWIN~ESQ.: Yes. THE CHA-IRMA~: Whether because of change of o~nership~ the applicant will be required to make application~ frankly~ I don'~t know. On motion by Mr. Hulse~ seconded by Mr. Bergen~ it was RESOLVED that public hearing~ number 823 upon application of Blake Bolling for the operation of a non-farm labor camp~ be postponed for two weeks from this dates in order that a deter- mination may be received from the Town Attorney as to whether of not the applicant must make a new application because of a change of ownership on the property. Vote of the Board: Ayes:-Mr. Gillispie~Mr. Bergen~ Mr. Hulse~ Mr. G~igonis. BOB LONG: I would like to registar my objection at this time for the establishment of a labor camp in this location, William Wickham, Esq~ appeared before the Board for an informal discussion in regard to a variance application for Margaret V. Braatz~ Nassau Point~ New York~ for permission to create two lots with insufficient fron~ge, and for recog- nition of access. Southold Town Board of Appeals -9- January 13~ 1966 On motion by Mr. Gillispie~ seconded by Fir, H~lse, it was RESOLVED that the Southold Town Board of Appeals set 7:30 (E.'S.T.), Thursday, January 27~ 1966~ at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of William Wickham, Esq.~ Mattituck~ New York~ a/c Margaret V. Braatz, Nassau Point~ New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 3034 Article X~ Section 1000A~ for permission to create two lots with insufficient frontage~ and for recognition of access in accordance with the State of New York Town Law, Section 280Ao Location of property: south and east-side of Vanston Road, Nassau Point, New York, bounded north by Vanston Road, east byLittle Peconic Bay Road, south by Wunneweta Pond, west by Vanston Road. Vote of the Board: Ayes:--Mr. Gillispie, Mr. Bergen, Mr. Hulse~ Mr. Grigonis. On motion by Mr. Grigonis, seconded by Mr~ Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:45 pm, ~E,S.T.). Thursday~ January 27, 1966, at the Town Office, Main Road, Southold, New%~York as the time and place of hearing upon application of David S. Strong~ Camp Mineola Road~ Mattituck, New York, for a special exception in accordance With the Zoning Ordinance, Article III, Section 300, Subsection 5, (i) for per- mission to 'erect a storage building for boats on the premises of a marina that is now subject to a special exception use. Location of property:~ Camp Mineola Road, Matt~t~ New York~ bounded north and east by Peter~Kreh, Jr,, south by Peter Kreh~ Jr.~ andAllen~ west by James Creek. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen~ Mr. Hulse, and Mr. Grigoniso The following letter was received by the Board of Appeals: "Zoning Board of APpeals~ Southold Town,-Southold~ New York "Gentlemen: I am the owner of a Parcel No. 1 H 12 29 45 90 150 in Cutchogue, My neighbor to the east is a Shell Service Station~ located~on the corner of Main Street and DePot~mad. They have erected a large lighted yellow sign at the corner of their pro- perty which shines fully on the front of my house. I find this sign highly objectionable~ and would like it removed. "Very truly yours~ /s/ Henry P. Wickham" $outhold T(rwn Board of Appeals -10- January 13~1966 The following letter was written to Mr. Henry'P. Wickham: "Henry Po Wickham~ 100 Wolver Hollow Road, Glen Head~N. Yo "Dear Mr. Wickham: Thank you for your letter of December 10, 1965. Our investigation of the matter complained of in your letter indicated thattheShell Service Station~ directly to the east of your house, has a permit for the type of sign which you mentioned. The Board luther finds that your property and the Shell Service Station are zoned for business. "It'is unlikely that you would be successful obtaining the removal of this sign under these conditions. "Very truly yoursm Robert~W. Gillispie~ Jr.~ Chairman Southold Town Board of Appeals." On motion by Mro Gillispie~ seconded by Mr. Bergen~ it was RESOLVED that the minutes of the Southold Town Board of Appeals dated December 30,. 1965~ be approved as submitted. Vote of the Board: Ayes:-Mr. Gillispie~ Mr. Bergen~ Mr. Hulse~ Mr. Grigonis. The next regular meeting of the Southold Town Board of Appeals will be held on Thursday~ January 27~ 19665 at 7:30 pm~ at the Town Offices Main Road, South~ld~ New York. The meeting was adjourned at 9:30 Respectfully submitted, Barbara C. Dittmann, Secretary-