HomeMy WebLinkAboutZBA-04/10/1958 APPEAL BOARD
MEMBERS
Robert W. G]ll]spie, Jr,, Chairman
Robert Bergen
Herbert Rosenberg
Char!es Gregonis, dr.
Serge Doyen, Jr,
SOUTHOLD, L.I., N.Y.
Telephone SO $-2660
MINUTES
southold Tow~Board of Appeals
April 10, 1958
A regular meeting of the Southold Town Board of Appeals was held at 7~30 P.M.
on Tuesday evening in the Town Olerk'e Office, southold, N. Y.
There were present: Messrs. Robert W. Gillispie, Jr., Chairm*u; He~bert
Rosenberg; R~bert Bergen and Ch~.rles Gregonis, Jr.
Also present: Mr. Noward M. Terry, Building Inspector.
PUBLIC HEARING: Appeal No. 56 - Application of John W. Hickey of 32-44 44th
Street, Long Island 6ity, N. Y., for a variance to the zoning Ordt~e~ce under
Article III, Section 303. Location of property: Lot 104.93'~104.88' x lOO.OO1/
109.71' on Old Jule Lane, Mattituck, N. Y., as shown on map attached to application.
Map of survey made by Otto W. Van Tuyl & Son for John W. & Violet J. Nickey, dated
March 26, 1958.
Chairman opened the hearing by reading copy of legal notice, with affidavit,
published in the Long Island Traveler-MattituckWatchman, copy of letter to the
Housing Guild, Agent for Mr. Nickey, advising of date of public hearing and the
application for the variance.
Chairman: Is there anyone present who wishes to speak "for" this appeal?
Mr. George Reha: The only thing I would says is that Mr. Hickey owns this
property and wants to build a house and is unable to secure property on either
side of this lot.
Chairman: Is there anyone present who wishes to speak "against" this appeal?
There beimg no one present to spaak against this appeal the Board unanimously
granted the variance. It was the reasoning of the Board that strict application
of the Ordinance would produce undue and uniqu~ hardship as applicant is unable
to purchase ~e_~d on either side of the property and the front and back portions
ef the property face existing roads. The character of the district would not
change because there are other lots in the area of similar or ~m~ller size.
April gO, 1958
$outhold Tv,.-. Board of Appeals
MINUTES, Continued
Appeal No. 50 -Application of Mr. James $. Whalen, Malverne, N. Y. - recessed
to this date. Word was received from Mr. Whalen in which he asked for an extension
of time in order to present a new map being drawn up. Board recessed the hearing
for another two weeks.
On motion made by Mr. Bergen, seconded by Mr. Grigonis, and carried, it was
resolwed that the Board of Appeals recommend to the Town Board that the ten dollar
($10.00) Building Permit Fee be refunded to Mr. William Wic~_-m, attorney for
Arnold S. Sacks, as the appeal for permissive use of land is denied.
Appeal No. 47 - Application of Arnold S. Sacks, New Suffolk Avenue, Mattituck,
New York - Request for permissive use of land.
Action of the Board of ADDsals
By investigation and public hearing the Board determined the following facts pertinent
to the decisionz
The Board finds that the permissive use is to establish a seasonal labor
camp on applicant's farm primarily to house migrant labor for commercial
employment off the premises at potatoe grading stations operated by an
employer or employers other than the applicant.
The residence of the applicant is net on the premises for which permissive
use is requested. The proposed site is in the midst of a rapidly growing
residential area and. is locate~ more or less at the crossroads where resi-
dents and visitors alike must pass in Order to reach Peconic Bay or Long
Island ~ound, which are the beach areas used extensively in the s-m~er season.
A labor camp in the immediate vicinity of the site proposed, owned hy the
same applicant, was discontinued and the experience of residents adjacent,
while this labor camp was in operation, are reason to believe that the same
conduct might be expected.
The area directly and indirectly affected adversely by this use of la~
far exceeds the boundaries of the applicant's farm and might reasonably be
expected to Jeopardize the welfare and safety of children attending s,,mmer
camps at nearby Laurel Lake, immediate neighbors, and long established
s-mmer colonies in adjacent arease
In considering the above information the Board finds:
1. That the use would prevent the orderly and reasonable use of adjacent
properties and of properties in adjacent use districts.
0
That the safety, the health, the welfare, the comfort, the convenience
and the order of the Town world be adversely affected by the proposed
use and its location.
That the character of the existing and probable development of uses
in the district would be adversely affected.
That the conservation of property values and the encouragement of the
most appropriate uses of land would be adversely affected.
Therefore, the application is ,m~imously denied.
Southold Town Board of lppeals
April 10, 1958
MINUTES. Continued
Board noted serious problems implicit in the operation of seasonal camps for
migrant farm workers where the primary purpose is to furnish labor to a commercial
venture as contrasted to farm labor camps conducted by farmers for their own use.
~erious difficulty arises from the fact that it is difficult to establish
clearly responsibility for the operation of such a camp and there is often a
failure to supervise properly.
The Board commented on the fact that no farmers spoke "for" this application
at the public hearings and that some farmers were "against" the application, as
evidenced by their signatures on a petition centaining 542 ~mes against granting
the appeal.
The Board has no ready solution to the problem.
On ~otion duly made by Mr. Grigonis, seconded by Mr. Rosenberg, and carried,
Minutes of the April 3rd meeting were approved.
Meeting adjourned at 9:50 P.M.
The next regular meeting ofthe Board will be held at 7~30 P.M. on April 17,
1958, in the Town Clerk's Office, ~Outhold, N. Y.
Respectfully submitted,
%.
Grace B. Meyer
Secretary
APPROVED: