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HomeMy WebLinkAboutZBA-03/04/1965 So th Id To d o?App als APPEAL BOARD MEMBERS Robert W. Gi~li~pie, Jr., Chairman Robert Bergen Charles Gregoni% Ser~e Doyen, Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS March ~ 1965 A regular meeting of the Southold Town Board of Appeals was held on Thursday, March 9, 19~5, at 7:30 P.M.~ at the Town Office, Main Road, Southold, New York. There were present: Messrs~ Robert W. Gillispie, Jr., Chairman; Robert Bergen~ Charles Grigonis, Jr., Fred Hulse~ Jro Absent: Mr. Serge"Doyen, Jr. PUBLIC HEARING: Appeal No. 749 - 7:30 PfM.'.(E.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 100~A, for permission to renew a labor camp permit on the property of I.'P. Krupski~ east side Bridge Lane~ East-C~tchogue~ New York, bounded north byM. Zanowski, east by A%'C.- D~ids, southby P. Bedell, and west by Bridge Lane. Fee paid $5.00. The Chairman opened the hearing by reading application for 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 4~ 19-65 T~E CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? HERBERT O. CASSIDY: The application states all pertinent facts~ this is the fourth year for the camp. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? WIT,?,/_AMMIDGLEY, ~R.: I live on Bay~Avenue, Cutchogue. We have to call the town police frequently because of trouble with laborers from this camp. The police cooperate, but this is not the answer, there are six or more here tonight who have had to call them two or three times each summer. TRE CHA/I~MAN: Why was it necessary to call the police? WILLIAM MIDGLEY, JR.~ There are drunks trying to break into houses~ laying in the streets, etc. Pd~CHARD MacNISH: We have had one ext~ience with "peeping Toms" last summer. A person transporting others to and from the camp was caught looking in our window. This is entered in the police record. ALBERT ZANOWSKI: The most recent case was last Sunday. A man from the camp stole a drill from my barn. Judge Tuthill sentenced him to six months, the same day. The man was from Bolling's Camp and had only been there for three hours. What does constitute a labor camp? TP~E CHAIRMAN: The Health Department says a dwelling or dwellings to house labor. There are two buildings on th~ land. I define both as labor camps. Apparently they go from the barracks to the other building and back many times during the day and night. ~The Chairman then discussed some of the requirements of the Board of Health rules and Regulations.) THE CHAIRMAN: Were occupants of the house working for Blrupski? S0uthold Town Board of App~ls --3- March 4, 19~5 A. ZANOWSKI: Bolling rents from Krupski and houses labor in the house. Cassidy has the barracks. I consider it all one camp. It is a geshia house on Saturday nights~ a olow class house. We are all very much concerned. T~E CHAIRMAN: Mr. Cassidy, is this the same crew you have ~ad for the past few years? Has it deteriorated? MR. CAS$!~Y: Only a few return each year. THE CHAIRMAN: Do you use a crew leader? Mr. Cassidy: Yes. (Robert Bolling is the crew leader; he leases the house to the south from Mr. Krups~i) THE CHAIRMAN: I use to deal directly with my men. (The Chairman ~hen discussed the operation of his former farm camp, and farm operation.) A. ZANOWSKI: I sell to grading houses. We have neighbors with wives, children, and old folks~ Mrs. Norman Case, for example. We are worried about them, FRANK ROGERS, Main Road, Cutchogue: We have been concerned with the quality of housing for this labor. It is time to be concerned with the quality of the mem. They come to me to use my telephone, they want taxi service~ Most of them are in a drunken conditionl You should have rules to controll the men from these camps. They should be restricted to the camp when they a~e not working. It is time to make someone responsible for the actions of the men. The town chased the gypsies out a few years ago~ they should do the same with this type of labor. They are a hazardous nuisance to everyone. A. ZANOWSKI: The application says the camp meets all requirements. They should use their own driveway. THE CHAIRMAN: Mr. Cassidy, do you have anything to rebut these statements? MR% CASSIDY: We don't have angels in the camp. We have che~2~ed the police blotter, most cases are from other camps. Possibly some are from our camp. I can't be sure, which are which. The "Peeping Tom" was looking for another camp, this is on the police records. As to stealing the drill, I didn't know about that until ~now. Southold Town Board of App~ls --4- March THE CPL~IRb~:- ~ you talk to the men in the camp? I often had to talk to the men in my camp~ MRj CASSID¥: I don~t know who is in the Camp most of the time. I deal with the crew leader. I can get names from his records. THE CHAIRMAN: We will have to check these complaints. We have not has so many complaints of any camp in a long time, (Ail members of the Board agreed to investisate all of the complaints) FRANK ROGERS: Actually the camp is not underCassidy~s controll. It should be up to t~e crew leader to maintain the camp. (There was a general discussion by all present about the Bolling camp and what is the situation there.) WALTER STv~CK: We also ha~ a "Peeping Tom". Cassidy came up there. The cop caught him. We are afraid someone will get hurt, stabbed o~ otherwise harmed by one of these men before anything can be done. THE CHAIRMAN: Actually this camp appears to be under controll of the crew leader. Mr. Cassidy: We have one man in chamge of the camp. The Health Department requires one man at all times to keepthe place clean and orderly. THE CHA/_RMAN: We will investigate these charges, and check the police records and see what they have. You will have to keep better controll of the camp. Possibly it should be moved closer to your operation. (The Chairman then reviewed the historyof zoning, the work of the'~ommission, etc. and location of other camps.) MR. CASSIDY: Most of the trouble is on the week-ends. JOHN ZANESKI: W~y are there so many idle men at the camp? MR..CASSIDY: I have two operations and both are not always going at the same time. MR~ ZANESKI: I do business with him. Southold Town Board of App~is -5- bE{. STr.T.ECK: There is an awful lot of traffic in the camp area. Maybe it is from out of town. MR.' CASSIDY: If we police ourselves with a cop, would this be satisfactory? ROBERT TUTHILL: The other building has more undesirable people. MR. CASSIDY: we have nothing to do with the house. If I told the crew leader he cannot have the other house~ will it help? THE CPL%IRMAN: I don~t know. (At this time all present discussed the neighborhood as to the persons living in each house, children, old people, etc., and distances from the camp.) JOHN ~ATESKI: I am not opposed to the camp, I just want better controll of the men. We too have these men in our yard occasionaly and are afraid of what may happen. William MIDGELY: We also have a larger labor camp in East Cutchogue. MR. CASSIDY: We tried that camp, but can-~t use them. We get a different crew every time. THE CHAIRMAN: We will recess this hearing now for further investigation and will reopen it in a month. (There were nine persons from the area who appeared on this matter.) PUBLIC HEARING: Appeal No. 750 - 7:40 P.M.~.CE.S.'T.), Upon application of Eugene Horton, Mat~ituck, New York, a/c>Mildred Reilly~ NY Oakwood Drive, Laurel, New York, for a variance in accordance with the Zoning Ordinance~ Article III~ Section 307, for permission to erect an addition with insufficient sideyards. Location of property: west side of North Oakwood Drive, Laurel Park,. Lot-S34, Laurel, New York. ~ee paid $5.00. The Chairman opened the hearing..byreading 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 Appea~ -6- March 4, 196b~j THE CHAIRMAN: Is there anyone present to speak in favor of this application ? MRS. REILLY: I hope it~will be approved. The application speaks for itself. MR. REiLLY: We chose the attachedgarage to keep away from my fathers garage which is just over the property line. This reduces a fire hazard and gives us both more open space. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation andinspection the Board finds that Mi!dredRielly wishes to construct an attached garage and breezeway to a dwelling on a lot that has insufficient side yards~ however, is in excess of 12,500 square feet. The Board is in agreement with the reasoning of the applicant. The lot in question was created on a filed map prior to the enactment of the Zoning Ordinance. The Board finds there are other dwellings in this area with attached garages ~nd insufficient side yards. This addition will not change thea character of the neighborhood. The Board finds that strictapplication 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 theimmediate vicinity of this property and in the same use d/strict; and the variance does observe the spirit of the Ordinance and will not cha~ge Me character of the district. on motion by Mr. Hulse~ seconded by Mr. Bergen, it was RESOLVED thatEugene Horton, Mattituck, New York, a/c Mildred Reilly, N. Oakwood Drive~ Laurel, New York~ be granted permission to erect an addition with insufficient sideyards. Location of property: west side of North Oakwood Drive, Laurel Park~ Lot Laure!~ New York. vote of the Board: Ayes: - Mr. Giliispie, Mr. Bergen, Mr. Hulse~ and Mr. Grigonis. Southold Town Board of Appeals -7- March 4, 1965 PUBLIC P~ARING: Appeal No. 751 - 8:00 P.M. ~S.'T.), Upon .application of Barrie Evans, 53 Kings Park Road, Commack, New York, for a variance in accordance with the Zoning Ordinance, Article~ III, Section 300, Subsection 7, Article III~ Section 307~ for permission to erect an accessory building, and for permission to bnild with insufficient side yards. Location of property~ north side Sound View Avenue,~ Mattituck, New York~ bounded north by'Long Island Sound, east by Sidor~ south by Sound View A~enue, west by Sachey. Fee paid $5.00. The Chairman opened the hearing by reading application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. The Chairman showed the map by Van Tuyl giving location of the building, etc., which was built without a permit and was partially over the property line on the easterly side. A note stated that it had been moved back~o~er the line now. THE CHAIRMAN: Is there anyone present who wishes to speak in fav®r of this application? MRS~~ EVANS: We want a building permit. everything and want to get straightened out. what to do. We have fouled up We didn't know THE C~AIRMAN: How could you build over the line? MRS. EVANS: Stupidity~ THE CHAIRMAN: The Building Inspector is taking notes, maybe he will explain it to you. (Mrs. Evans described the topography of ~he lot and said they could only move the building a short distance because of the "hump" in the lot. She stated the building is' 16 feet by 16 feet and set on posts. THE CHAIRMAN: The lot has a level area in front of the present building, there is no hardship in this case. ~There was a discussion of the posts, walks, steps, driveway, etc., and of moving'~e building to its present location, the financial hardship aspect and the possibility of buying additional land from Sidor on the East. It was established that Sidor would not sell property.) Southold Town Board of Appeals -8- March 4, 19~5 THE C~AIRMAN: You got off on the wrong foo~. MRS. EVANS: Yes we did. THE CHAIRMAN: I will ask the building inspector how he classifies the building. HOWARD TERRY, Building Inspector: It is used as a residence. (Again there was a discussion of other buildings built in the area,, use of front and back yards,e~c.) THE CHAIRMAN: How come the house was only moved four~eet inside the line? MRS. EVANS: We put it against the hill. HOWARD TERRY: We have had Mr. EVans in comrtand fined twice in this matter, and is now on bond to Justice Tuthill which wil~ have~ to be confiscated for non-appearance. Mr. Evans has net done anything he promised, he has lied to the judge and to me. I recommend they tear the building down and start from the beginning again. MRSj EVANS: I know Mr. Evans has been to Judge Tuthill s couple of times, but I don~'t understand why all the~fuss, the building inspector is angry and we cannot get together. (There was further general discussion and the Chairman again explained self-imposed har~ips, the use aistricts in the Ordinance, and requirementS for a certifcate of occupancy. The "outhouse" _ "toolshed~ was discussed and~Health Department~Sanitary requirements were ~xplained to Mrs. Evans.) THE CHAIRMAN: Is there anyone present Who wishes to be heard in opposition to this application? (There was no response.) After investigation rand inspection the Board finds that Barbie Evans is applying for an application fora building permit for a utility shed. The Board is not in agreement with the reasoning of the applicant. The building proposed by the~applicant is not a permitteduse in this district. The Board also finds that there are insufficient side yards. The Bo~rd will grant a permitfor~a utility building~ provided it is no closer to the road than present'building, and has at least 10 feet side yard. The"outhouse-toolshed" must-be eliminated. Southold Town Board of App~a'~s -9- March 4, 1965 On motion by Mr. Gillispie, seconded by'Mr. Bergen, it was RESOLVED that Barrie Evans, 53 Kings Park Road, Commackt. New York, be granted permission to get a permit for the present building on the property as a utilitybuilding~ subject to the building be t0 feet from the side property line, and not closer than it is now to the highway. The "outhouse-Toolshed" is to be removed within 60 days after March 4, 1965. Location of property: north side Sound View Avenue, Mattituck, New York. Vote of the Board: Ayes:-Mr. Gillisp~, Mr. Bergen, Mr. Hulse, Mr. Grigonis. Mr. Chas Krukoski and Son appeared for an informal discussion of the access approval application of James P. Howard on "Charlies Lane", which has been pending for nearly a year. The County permit was discussed,, town road specifications were explained, and the requirements for a private r6ad surface ~ere discussed. MR. ERUKOSKI: There have been several new roads attached to County roads lately without curbs, gutters or drainage basins. Why do they say we have to put them T~E CHAIRMAN: I don~t know~ each case is considered separately and it is up to the'County Engineers to decide what they will require. I will consult our town attorney and get you an answer after our next meeting. Mr. Mike Winiarz appeared before the Board for an informal discussion of his revised building and plot plan which was granted a variance last fall. MR.' WINIARZ: Gentlemen, you granted us a variance~to build this building last fall. It was to be parallel to the Main'Road and three feet from the Esso Property on the East. This makes a very sharp angle in the corner of the Building as you can see on these plans. (displayed prints by Gord0nAhlers, PE). I would like to change the east line to five feet in front and 1 foot in rear to make a more practical layout of the building. On motion by Mr. Bergen~ seo~nded by Mro Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P~M~'(E.'S~T.'), Thursday, March 18, 19~5, at the Town Office, Main Road, Southold,. New York, as time and place ofhearing upon Southold Town Board o~Appeals --10- Marc~J4, 1965 application $752 Of M. Winiarz, a/c North Fork Liquor Corp., for a review of a previous action 6f the Board of Appeals to modify same by adjusting the easterly side line established in said action. Location of premises: north side Main Road, Mattituck, New york. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse Mr. Grigonis. On motion by Mr. Bergen~ seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:40 ~SjT.~), Thursday, March 18, 1965, at the Town Office, Main Southold, New York, as time and Place ofhearing upon application of WilliamWickham, a/c Fred Caldwell for a variance to the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A~ to divide a lotwith frontage on two streets. Location of property: Fleets Neck, Cutchogue, New York, bounded north by Primavara, east by Stillwater Avenue~ south by'Arthur Sherrard, and west by Pequash Avenue. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Hulse and Mr. Grigonis. On motion by Mr. Hulse, seconded by Mr. Grigonis~ it was RESOLVED that the $outhold Town Board of'Appeals set 8:00 P. Mo (E.'SjT.')~ Thursday~ March 18, 1965, at the Town Office, Main Road, Southold, New York, as time and place of hearingupon application of Caberon Properties, Inc., Cutchogue, New york,for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, and Article IV, Section~08, Subsection (~), for permission to erect a directional sign. Location ~f property: south side Main Road, Cutchogue~ New York, bounded north by Main Road, east by J. Hand, south by J. Sommer, and west by J. Sommero vote of the Board: Ayes: - Mrl Gillispei~ Mr" Bergen, Mr. Hulse, and Mr. Grigonis. On motion by Mr. Grigonis~ seconded by Mr. Gillispie, it was RESOLVED that the SoutholdTown Board of Appeals set 8:15 P.M. (E~'S~T.), Thursday, March 18, 1965, at the Town Office, Main Road, Southold, New York, as time and pl-ace ofhearing upon application of Julius Gates, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a) for permission to reduce the required height of an on premises ground sign. Location of property: north side Main Road, Southold~ New York, bounded north by A. W. Stokes, east by Stokes, south by Main Road, and west by Town property. Southold Town Board of Appeals -11- March 4, 1D65 Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen,, Mr. Hulse, and Mr. Grigonis. In response to a letter received from the Mattituck Fire Department, on motion by Mr. Bergen, seconded by Mr. Hulse~ it Has RESOLVED the Board of Appeals grants permission to the Mattituck Fire Department to place approximately 50 posters, 15 inches by 30 inches, on the Main Roads and in stores in the Matt~tuck Fire District from June 1, 1965 through July 10, 1965. In the letter requesting permission Mr. Suter, Secretaryof the Matt- ituck Fir.e Department, agrees to remove th'ese posters immediately after July 10th. It is beleived that this is in the public interest. These posters will advertise'a bazaar to be held July 7~8,9,10,1965. It is specifically forbidden to place these posters on utility poles or om private property without permission. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, and Mr. Grigonis. Thenext meeting of the ~outhold Town Board of Appeals will be held at 7:30 P.~M., Thursdayt March 18~ 1965, at the Town Office~ Main Road, Southold~ New York, Meeting adjourned at'll:15 Respectfully ~submitted~ Howard Terry, SeCretary Pro Tem bd S0uthold Town Board of Ap~ls -12- March 4, i965 Before the mee~ng was adjourned, Captain George Moore of Party Fishing Boat, TEX III, left a sketch of proposed wording change for his off premises directional sign located south side Sound Avenue~ opposite Cox Neck Road, Matt~tuck. The Boat will be moored at the Sterling Harbor Marina this year instead of at Anchor Inn. Anchor Inn has changed management and will have a different boat this year. The sign would have read "Anchor Inn~ and it will be changed to read "Open Boat, TEX III at Sterling Harbor Marina, 12 miles east", but leave Mrs. Naugles section of the sign as is. The Board approved the sketch and wording of change, as it is in the catagory of public interest and one of our advertised tourist attractions.