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Ordinance, Article III, Section
301 for permission to divide
property and off set lots of less
than required frontage and area.
Location of Property: North side
of Rabbit Lane, East Marion,
New York, bOlmded north by
Marion Lake; east by Crowley;
south by Rabbit Lane; and west
by Schmidt.
9:20 P.M. (E.D.:S.T.), upon
application of Constantine
Zervos, Main Road, East Marion,
New York, for a special exception
in accordance with the Zoning
Ordinance, Article III, Sections.
300 and 301, Subsection B-1, to use
an' accessory building including
cooking facilities as a full second
dwelling on the lot. Location of
property: South side of Main
Road, East Marion, New York,
bounded north by the Main Road;
east by Old Orchard Lane; south
by Spinthourakis; and west by
Doyle.
9:35 P.M. (E.D.S.T.), upon
application of Gary Tabor, Navy
Street, Orient, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 300, Subsection A, for
permission to use premises for
landscaping and storage yard.
Location of property: East side of
Navy Street, Orient, New York,
bounded north by Foster; east by
W. Lenzer; south by w-, Lenzer;
and west by Navy Street.-
9:55 P.M. (E.D.S.T.l, upon
application of Helmut Hass,
North Road, Peconic, New York,
for a variance in accordance with
the Zoning Ordinance, Article III,
Section 301 and Article VII,
Section 701, for permission to
divide property with less than
required frontage and area.
Location of property: South side
NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law and 'the provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, Suffolk County, New
York, public hearings will . be
held by the Zoning Board of
Appevls of the Town of South-
old, at the Town Office, Main
Road, Southald, New York, on
June 15, 197:2, on t,lre following
appeals:
7:30 P. M. fEDSTl. upon ap-
plication of Robert Parkin, Bay
Avenue. - Cutchogue. New YOl'k.
for . ~ variance in accordance
with the Zoning Ordinance, Ar-
ticle III. Section 30ll C-2. fol' a
permit to build a sW!mming pool
in s:de yare:. Loc'ltion of prap-
erty: north side of Bay A venue.
Clltchogue, New York. bound(~d
and described: north by Quilty;
east by lands now 01' formerly of
Petrucci; south by Bay Avenue:
and west by land now or formerl'!
of Kelly.
7:40 P. M. IEDST), upon ap-
plication of WilHam M. Happ.
Main Road. Mattituck. New
York, for a variance in accord-
ance with the Zoning Ordinance.
Articles VI and VII. Section 6QO
C-3a, for perm!ssion to enlarge
ground r;~n. Location of prop-
erty: corner of Main. Road and
Factory Avenue, Mattituck. New
York, bounded north by G.
Drumm a nd others. east by
Factory A venue: south by Main
Road. west by Getty Oil Com-
pany.
7:50 P. M. IEDSTl. upon ap-
plication of John Larsen, North
Road, Southold. New York, for
a special exception in accord-
ance with the Zoning Ordinance.
Article III, Section 300 C-6f. for
permission to mainta.in an off
premises directional sign on
premises of Warren Hufe, Middle
Road, Southold. New York. Lo-
cation of property: south side
of Middle Road. Southold. New
York, bounded north by MIddle
Road: east by Booth: south by
Kaelin: and we~ t by Koster.
8:00 P. M. fEDST). upn/l ap-
plication of the North Fork Teel'
Centre. Inc.. Route 27A. Mattl-
tuck, New York. for a specllll
exception in aCcordance with t':ae
Zoning Ordinance. Article III
Sectio~ 300, Subsection B-14. fot
permission to. conduct a xard
sale on July 1. 1972. rain uate
July 8. 1972. Location of Pl'Op-
erty: North side of Middle RC)llC!
Mattituck. New York. bounded
north by Kaiser: east by Bol'll:
south by Middle Road: and we;:f
by the NOl.th Fork BaptiH
Church.
8:10 P. M. fEDSTI. UOOll flp-
plication of Ifabel G.. Samohel
Main Road. Cutcho~ue. New
York. for a special exception ill
accordance with the Zon;n:;(
Ordinance. Article III. Section
300. Subsection B-14. fQr .per-
mission to conduct. " v",.ti ~",ta
to divide property and off set
Jntsof less than required frontage
d area. Locatiqn of Property:
..orth side of Rabbit Lane, East
Marion, New York, bounded
north by Marion Lake; east by
. Crowley; south by Rabbit Lane:
and west by Schmidt.
9:20 P. M. (EDSTl, upon ap-
plication of Constantine Zervos,
Main Road, East Marion, New
York, for a rpecial exception in
accordance with the ZoningOrdi-
nance, Article III, Section 300
and 301, Subsection B-1, to use
an accessory building includin~
cooking facilities as a full second
dwelling on the lot. Location of
property: South side of Main
Road. East Marion. New York.
bounded north by the Main
Road; east by Old Orchard Lune:
>outh by Spinthourakis; and
1'/3ft by Doyle.
9:35 P. M. (EDST), upon ap-
plication of Gary Tabol'. Navy
Street, Orient. New York. fot' a
variance iIi accordance with the
Zoning Ordinance, Article III.
Section 300, Subsection A, for
permission to use premis~s for
landscaping and storage ~'ard.
Location of property: Ea~t ,'ide
Navy Street. Orient. New York.
bounded north by Foster; east
by W. Lenzer; south by W. Len-
zer: and west by Navy Street.
9:55 P. M. (EDST). upon ap-
plication of Helmut Hass, Nortn
Road. Peconic. New York. lor H
variance in accordance with the
Zoning Ordinance. Article III,
Section 301 and Article VII Sec-
tion 701, for permission to divide
property Wit!l less than required
frontage and area. Locatio:} :.If
property: South side of Middle
Road (County Road 271, Pecollie.
New York. bounded north by
Middle Road: east by Roland
Hingle: south by land of SlJffolk
County; and west by other land
of Helmut Hal'S.
10:10 P. M. (EDSTl. UpOH ap-
plication of John L. Ploc!(, Jr..
Nort.h Bayview Road. Southold.
New York, for a special exception
in accordance with the ZOIllng
Ordinance. Article III. Sectil;ll
300, Subsection B-14. for per-
misfion to conduct a yard EllIe
on July 1st and 2nd. 1972. Loca-
tion of property: north side of
North Bayview Road. Southold.
New York. bounded north by
land of John L. Plock. St'. ellst
by John L. Plock. Sr.: \\Tsl b:J
Private Road; south by .John
Plock. Sr.
10:20 P. M. IEDST). upon ap-
plication of Margaret Dellanno.
North Road. S~uthold. New York.
for a special exception in ac-
cordance with the Zoning. Ordi-
nance, Article III. Section 300.
Subsection B-14. for permission
to conduct a yard fale on JUly
8. 1972. rain date July 15. 1972.
Location of property: North side
of North Road (County Road
27). Southold. New York. bound-
ed north by HertZberg: east by
Aurichio: south by North Road
I ""C\11nt,~ D..............I
, ,ram ate June 24.
1972. Location of property: East
side of Uobart Road, Southold.
New Y Lots 36 and 37, Map
of Foul'luers Estates, Southold.
New York.
11 :40 P. M. (EDSTl, upon ap-
plication of Frieda J. Behlen
7325 Nassau Point Road. Cut-
chogue, New York, for a rper;ial
exception in accordance witoh the
Zoning Ordinance, Article III,
Section 300. Subsection B-14, for
permission to hold a yard sale lG
on June 30, 1972 and July 1. 1972.
Location of property: East side
of Nassau Point Road, Cut-
chogu€. New York. Lot 54, Map of
Nassau Point, Cutchogue. New
York.
11:50 P. M. IEDST), upon ap-
plication of Charles and Evelyn
Wither~poon, Private Road (Hor-
ton's Point). Southold. New York,
for a variance in accordance with
the Zoning Ordinance. Article
III, Section 301. for pel'misslOn to
set off a lot with insuffieiem
width :md area. Location of
propel'ty: North Side of Private
Road (Horton's Point), bounded
north by land now or former!:: of
t,he applicants: easterly by land
now or formerly of Reed; south
by Private Road: and wes: by
Sardi.
Any person desiring to be
heard on the above applications
should appear at the time and
place above specified.
Dated: June 2. 1972.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
......-'_ / /_ /J IT--R
U~. /.-~............
.... .... . . Notary '~bii~ "j;"
Notary ri',f,fELf. PAYNE
P.es;'f'IC' '<1 ,ale C( New York
;~;,~.> '~'} p COunty
Commission 1..;. '""':--',::,041000
O'plres March 30, 197 ~
sworn, says
ISLAND
public news-
ty; and that
opy, has been
ituck Watch-
(,)...... wee~
-~
~.......f........ ...
f!;k.........
day of
lU1.J 1~~"9~~
Bon. Louis Demarest, To~~ Justice
Main Road.
O:rient, N.Y.
Dear Sir;
Enclqsed 1s. copy 01' the :board of Appeals action in thi~ n',c:d:1,'f~r
of Gary Tabor's appeal to operate a storage yard 1n a residential
district - 1/8 NaTj St, Orient.
As this matter is in recess bef'ore you as a violation of
the z()n1ng ordinance and garbage and refuse ordinance, the Appeals
Board, en advise of counsel, has left it up to you to set a date for
removal of the offensive materials and itemS.
At the public hearing there were Quite a few ot the neighbors
in this area who appeared ir.: perscn a,s ';,Tel] c.s t,ing reprsser..ted by
an attorney and v1gorousily protested the operation being conducted
on his l~rel1ises.
Kindly advise me ot your next step in this mutter.
tours truly
! / -",---'
B~~i:;r~g InSpector I
C.C. ,. Yakabosk!., Spl. Att,..
I
,"-"
'-
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v
NO'TICE
Amendme:nt ,of the Southold Town
Ordinance Fl'ohibiting and Regu-
lating the Disposal' of Garbage
and Riubbis;h.
rhe South01d Town 01'dinance
Prohibiting and Reg1,llating the
Dilij)osal of Garbage and Rubbish,
adoiPted by the Town Board of the
'!'own of South old on March 23,
1948, is hereby amended to read
as follows:
SE:CTl:OiN 1. Definitions.
V. '..lrds and terms used in this
Ordinance shall have the follow-
ing meanings:
{a)- Tne term "p,erson" shall
mean an individual, an associa-
tion, a partnersnip, a corporation.
Cb- Tne term "refuse" shall
mean any animal or vegetable re-
fuse, offal, swill, garibage, papers,
ashes, junk, trash, ruobish, waste
of whatever material conljposed,
discarded machinery or parts
thereo1f, discarded vehicles or parts
taereof, and an unlicensed motor
vehicle parked, stored or standing
outside an enclosed building in an
inoperative condition for more
than thirty (30) days.
(c) The term "attendant" shall
mean any employee of the Town
of Southold pla.ced in 'charge of
a 'Down refuse disposal area un-
der the direction of the Town
Board.
(d- The term "refuse disposal
ar,ea" shall mean any premises de-
sLgnated by the Town Board as
the refuse disposal area of this
Town for the disposal of refuse by
the residents of this Town.
aElOTiON II. Dumping Prohib-
ited Generally.
No person shall collect, store,
accumulate, throw, cast, deposit
or dispose of, or cause or permit
to becolleeted, stored, accumulat-
ed, thrown, cast, deposited or dis-
,posed :>f, any refuse upon any pre-:-
raises or any street, highway,
side,walk, or public place with-
in the Town of Southold, ex-
cept when authorized by the Town
Board. Nothing contained herein
shall be construed to prevent the
te.!Djpo'rary a,c,cumulation O'f refuse
'by a resident of the Town upon
premises occupied by him to the
extent that such accumulation is
ordina,ry and necessary for his
personal household requirements,
nor to prevent the disposal of re-
fuse at any re'fuse disposal area
maintained or authorized by the
'Down of Southold, nor to prevent
the proper use of receptacles plac-
ed upon the streets or other pub-
lic places in the Town of South-
old for the depositing of refuse,
nor to enga,ge in secondhand junk
and auto parts activitIes and bu-
sinesses when a license therefor
has been obtained pursuant to
the provisions .of the Southold
Town OrdinaIliCe licensing and re-
gulating secondhand junk and
wuto partsadivities and busi-
nesses.
SEJCTION III. Town Refuse Dis-
posal Area.
No person shall deposit or cause
to be deposited in or on any re-
fuse disposal ,area mamtained by
the TOM'n of Southold any sub-
stance of any kind except in the
areas design.ated and under the
direction of the attendant in
charge, whether such direction is
given personally, a'r by another
person by his authority, or by a
s~gn or signs erected in the re-
fuse disposal ar,ea. by the auth-
ority of the Town Baard or such
attendant.
SElCTlJON IV. Conveyance and
Transportation af Refuse.
No person shall conveyor
transport refuse thl'ough the
streets or public pl.a'ct:s of the
Town of SO'uthold in any ca~t,
wagon, vehicle, or by any ather
means unless adequate care is
taken to prevent the ~pilling of
refuse in such public places and
streets.
SECTION V. Violation of Or-
dinance.
(.a) AIIy person violating any of
the pl'lolvisions of this Ordinance
shall be deemed to have commit-
ted an offense against such Oor-
dinance, and also shall be liable
for any SUM violatian ,and the
penalty therefor. Each day such
violation shall ,contin.ue or be per-
mitted to exist will constitute a
s~pa.ra,te violation.
(b) For every violati1on of any
prOVision of this Ordinance, the
person violating the same shall
be subJoot to a fine or not more
than One Hundred Dollars ($100.-
00) or imprisonment not exceed-
ing thirty (30) days, ar by both
such fine and imprisonment.
(c) Any person violating this
Ordinance shall be subject to a
civil penaltyenforcable and col-
lect~ble by the Town in the amount
of One Hundred Dollal'.3 ($100.00)
for each such offense. Such pen-
alty shall be collectible by and in
the name of the Town for ea'ch
day that such violation shall con-
tinue.
SEJCITION VI., Saving Clause.
II any clal1.se, sentence, para-
graPh, section or part of this Or-
dinance shall be adjudged by any
Court or competent jurisdiction to
be invalid, such judgment shall
not af'feet, impair O'r invalidate
tlhe remainder thereof, but shall
be confined in its operation to the
clause, sentence, paragraph, sec-
tion or part thereof directly in-
volved in the oontroversy in which
such judgment shall have been
rendered.
SECTION VII.
This Ordinance shall take effect
immediately.
By order of the
Southold Town Board.
Albert W. Richmond
Town Clerk 1tJy16
-
FROM.
Mr. Arthur Smith
31 Clearview Ave.
HuntiDgton, N.Y.
TO. South old Town. Board at Appeals
RE I Application at Gary Tabor for Vaiiance to
zoning OrdiDallCe
GentleJD8D'
I oppose the granting at the variance to Mr. Tabor. I own
the buildiDg lot between Probst and Foster. on Navy Street, and have
planned to build a retirement home there some time in the future.
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Orient" N. Y.
June 12, 1972
Southold Town
Board of Appeals
Gentlemen:
Our home is located at 805 Navy Street
which is across the street and approximately
200. North of Gary Tabor.s property.
Mr. Tahor is appealing for a Variance in
the Zoning Law in order to use his property
for a Landscaping Business and as a yard for
storage.
Each of us along this street, is doing all
he can to keep up the appearance of his home.
We are all proud of our homes and want to
keep them looking as nice as we possibly can.
We feel that if' this Varianc.e is granted
we will no longer have a pleasant looking
nei.ghborh.ood. A storage yard and what i"t
brings will do nothing at all to add to the
value of our area.
We have no personal feelings against Mr.
Tabor whatsoever and are in no way opposed
to his having his own Landsc.aping Business.
We just, ask that he comply with the Zoning
Law which was drawn up for hi.s protection as
well as our own.
Sincerely,
~~
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1 I The F. G. Stewarts
~ . 595 Navy Street
""'-' Orient LI, N. Y. 11957
,'"'"
321 LAKEVIEW AVENUE
ROCKVILLE CENTRE
NEW YORK, 11570
0Lvu. )S;197~
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June 14. 1972
Board of Appea.ls
Town of Southold
Main Road
Southold. New York 11971
Dear Sirs:
We reside on Vincent Street. Orient. New York. We strongly
object to the application of Mr. Gary Tabor for a variance to
the zoning ordinance to change the zone of his property from
a residential to business.
Yours very truly.
/;J~f
WCC:bc
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..-
JOHN M. BREDEMEYER
P. O. Box 299
Orient, New York 11957
Phone 516 323-3591
May 14, 1972
Board of Appeals
Town of Southold
Southold, New York
Gentlemen:
As the owners of a dwelling on Village Lane and
Navy Street, Orient, we oppose any variance or
change of zoning for the property owned by Gary
Tabor on Navy Street, Orient.
Sincerely yours,
~
GEORGE C. STANKEVICH
ATTORNEY AT LAW
MAIN ROAD
SOUTHHOLD, N. Y. 11971
(516) 765-3838
WADE ROAD
SHELTER ISLAND, N.Y. 11964
(516) 749-1328
June 29, 1972
Robert W. Tasker, Esq.
Smith, Tasker, :rinkelst.ein , Yakaboski
425 Main Street.
Greenport., New York 11944
Re: Town of Sout.hold
Dear Bob:
Wit.h deep regret., I must. t.erminat.e my appellat.e
represent.at.ion of the Town of Southold regarding Merritt.
v. Board of Appeals, Harder v. Board of Appeals and all
furt.her appellat.e mat.t.ers which were t.o have been forwarded
t.o my office. I say wit.h deep regret. because I feel t.hat.
there is no higher civic dut.y or intellect.ual satisfact.ion
for an attorney than to represent. his coauunity and lend
his support. and assistance to the efforts of t.he t.own offi-
cials, who are at.tempt.ing to protect. and preserve the rights
and int.erests of the community by enact.ing far-sighted zon-
ing and by promoting strict. and equit.able enforoement of
same.
However, during the past eighteen mont.hs, I have
represent.ed ot.her public int.erest. group. including t.he Vil-
lage of Greenport. It will be nece.sary in the future t.o
represent the.e groups before town agencies. Though it.
would be legally permi.sible, it would be, in my mind, eth-
ically undesirable for my law firm t.o represent any town
agency and at. the same t.ime appear before t.he .ame or any
other t.own agency. Thus, until such t.ime as I can free mI-
self from prior cOlRlRit.t.ments, my forbearance of repre.ent. nq
the t.own must stand.
The Morritt file and Barder petition are returned
herewith. With reqard to Merrit.t., it. .hould be noted that
I defeat.ed his application t.o the Appellate Division t.o pro-
ceed without. print.ing the record. The appellant then appar-
ent.ly abandoned his appeal which should be dindssed on your
mot.ion, if not perfected by the Sept.ember 1972 t.erm. With
reqard 'to Barder, I am requesting an adjournmen't from 'the
petitioner's att.orney so t.hat. the case can be reassigned.
Re: Town ot Southold
June 29, 1972
'.
You may always, when possible, count on my
cooperation and support.
Sincerely yours,
George c. S1:ankevich
ce: Southold Town Board
Board ot Zon1n9 Appeals
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STATEMENT
This brief is filed in opposition ~o Appeal
1555 of Gary Tabor to the Southola Town Board"
of Zoning Appeals and at the request of the following
........ .~otmdift9 property owners: Foster, Slllith, Probat.,
\-..:;~.'/:::i' :.:, ';:
't:,: Soreneon , Baker, Reiter, Andrade , Bondarchuk , Stewart.,
.:,j3;f....~, Vail, LatbaJn, Berner and Bredemeyer.
; ,
FACTS
The appellant, Gary Tabor, is seeking a \lse
to permit a commercial - light. industrial u~
residential building lot which be
side of Navy Street, Orient, Southol4,
,:' -.
The lot and t.he surrounding neighborhood are
:'-1" ~
and bavealways been, under prior Southold
!'own soning ordinances dat.ing back to 1957, zonec1 RA ...
a..idential Agricultural". TheneighborhooCl,nest.led
,," in the hamlet of Orient., is t.ypified by well kept home8.....
. of 1IOderatesize, built with an eye to preservin9 t.he
prevailin9 tranquility of the hamlet aa4 occupied by
Y0UD9 faai1ies as well.. retirees wi t.han aim of eajoy-
There are no c~ercial u_. 1ft the i-.4iate
other than acc...ory boM.occnapat.i.oU..
~",:' ,!, A'f~'..:.;.,;r.::":;;1..:;,f,.::".w.rd:,:~~M:....w:;~}:1..."
With full cognizance of the prevailing zoning
and the character of the neighborhood, the appellant
purchased the subject lot in 1969 and commenced an il-
legal commercial use on it which has continued to date.
Indisputably, there is stored and used on the lot: a
dump truck, a tractor with a front-end loader and a cut-
ter, an inoperable truck with a jerry-rigged crane hav-
ing a rear axle power take-off, piles of scrap lumber
(of questionable legality under the Southo1d Town Gar-
bage Disposal Ordinance), piles of topsoil (the removal
of which from the lot surface is questionable under the
Southo1d Town Excavation Ordinance), several cesspool
rings, miscellaneous building materials and a tool shed.
The appellant's advertisements leave no doubt but that
his activities are purely commercial in nature and may
be reasonably denominated as "contracting". These activi-
ties constitute an attractive nuisance and danger to the
children, residing in the neighborhood and are aesthetic
eyesores for all to view. The detriment to the surround-
ing residential neighborhood is obvious. The activities
are clearly illegal.
At the eleventh hour and after being brought to
'\
bar for his illegal activities, the appellant seeks relief
by requesting a use variance from the Southold Town Board
of Zoning Appeals.
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POINT I
THE APPELLANT HAS NOT ESTAB-
LISHED UNNECESSARY ~mRDSHIP.
The lot in question is zoned "A - Residential
Agricultural". Under the Southold Town Zoning Ordinance,
the appellant's present and proposed activities are most
accurately classified as "...Light Industrial...building
contractors yards...yards for sale and storage of build-
ing materials...", see SOUTHOLD TOWN ZONING ORDINANCE,
Article VIII, 8800(4) and (16). Admittedly, the appel-
1ant is growing but a few bushes, therefore his use cannot
be classified as an agricultural nursery, see SOUTHOLD
TOWN ZONING ORDINANCE, Article III, 1300(a) (2) (a) (ii).
His activities hardly fall within the purview of itA -
Residential Agricultural" special exceptions, accessory
uses or off street parking requirements because of (a)
the extensive commercial nature and scope of the appe1-
1ant's activities and (b) the lack of a residence occupy-
ing the lot (or even a building permit indicating intent
to construct such a residence) establishing a residential
use to which special exceptions, accessory uses or off
street parking requirements would apply, see generally,
SOUTHOLD 'J'OWN ZONING ORD [NANCE, l\rticle III, ~300 (b) and
(c); Article XI, ~llOl(13). Thus in order to legalize
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his activities, the appellant must obtain either a use
variance or a change of zone.
In seeking a use variance, the appellant must
prove that the "A - Residential Agricultural" zoning
places an "unnecessary hardship" on the use of the lot
in question. It is not sufficient that he prove "prac-
tical difficulties", the lesser standard for area vari-
ances, see BRONXVILLE v. FRANCIS, 1 App. Div. 236, aff'd,
1 N.Y.2d 836 (2d Dept. 1956).
...Before the Board may exercise its
discretion and grant a variance upon the
ground of unnecessary hardship, the re-
cord must show that: (1) the land in
question cannot yield a reasonable return
if used only for a purpose allowed in that
zone (2) that the plight of the owner is
due to unique circumstances and not to the
general conditions in the neighborhood
which may reflect the unreasonableness of
the zoning ordinance itself and (3) that
the use to be authorized by the variance
will not alter the exxential character of
the locality...
OTTO v. STEINHILBER, 283 N.Y. 71 (1939).
The appellant has wholly failed to prove any
"unnecessary hardship". No proof was offered that the
lot as zoned could not yield a reasonable return. The
continued growth of the number of surrounding homes be-
lies any inference that the lot could not be sold for
residential purposes.
The plight of the appellant is not due to any
unique circumstances of the subject lot, which is iden-
tical in all respects to the surrounding residential lots.
,
l
,
,
to his business or even the loss of his livelihood may
not be used as a basis for granting the requested vari-
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The personal problems of the appellant, the detriment
ance. "...It is not uniqueness of the owner, but unique-
ness of the land causing the plight that is the criterion
"
. .. I
CONGREGATION BETH EL OF ROCHESTER v. COWLEY, 30
Misc. 2d 90 (Sup. Ct., Monroe County 1961).
The light industrial use sought by the appellant
will most certainly alter the essential residential char-
acter of the neighborhood. The illegal activities of the
fledgling business are already an attractive nuisance to
children, an eyesore to neighbors and a detriment to resi-
dential property values. will these activities decrease
once legalized, or ameliorate as the appellant's business
grows?
Since there is no "unnecessary hardshiptl, the
requested variance should not be granted.
POINT II
THE REQUESTED VARIANCE WOULD
VIOLATE THE SPIRIT OF THE ZON~
ING ORDINANCES AND MASTER PLAN.
The Southo1d Town Zoning Ordinance provides
that the Board of Appeals, tI...shal1 have the power to
vary and modify the application of such regulations. so
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that the spirit of the ordinance shall be observed...",
see SOUTHOLD TOWN ZONING ORDINANCE, Article XII, 11300(b).
The spirit of the ordinance is clearly found in
its purposes which include "...the provision of privacy
for families...the prevention and reduction of traffic
congestion, so as to promote efficient and safe circula-
tion of vehicles and pedestrians...the maximum protection
of the residential areas...the gradual elimination of
non-conforming uses...and...the enhancement of the appear-
ance of the Town of Southold as a whole...", see SOUTHOLD
TOWN ZONING ORDINANCE, Article I, 1100(3) (4) (5) (6) (7).
The Southold Town Master Plan states that, "...business
and industrial areas should be so developed that they are
good neighbors to any adjoining residential areas, the in-
trusion of non-residential uses within residential neigh-
borhoods should be prevented...and...the indiscriminate
granting of variances would, in effect, be equivalent to
'spot zoning'...", see PART I COMPREHENSIVE DEVELOPMENT
PLAN TOWN OF SOUTHOLD, Raymond and May Associates (1967),
at 4 para. 5.and at 51 para. 3.
The requested variance would violate the spirit
of the Southold Town zoning Ordinance and Master Plan and
should be denied.
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1'U [Nfl' III
THE APPELLANT HAS ESTABLISHED
NO MITIGATING CIRCUMSTANCES.
The appellant alleges that there is no available
commercially zoned land suitable for his purposes. In the
entire Town which is twenty minutes end to end by motor ve-
hicle? In view of the recent comprehensive revision of the
Southold Town Zoning Ordinance, the appellant's argument is
not persuasive. The necessity and availability of cornrner-
cially zoned land was extensively reviewed and determined.
Even if the appellant's argument were meritorious, it should
properly be presented to the Town Board in a petition for a
change of zone, not to the Board of Zoning Appeals in an ap-
plication for a use variance, see CLARK v. BOARD OF ZONING
APPEALS, 301 N.Y. 86 (1950).
The appellant argues that his use exists and is
non-conforming. More appropriately, it exists and is il1e-
gal. His purchase of the lot in the teeth of existing "A -
Residential Agricultura.l" zoning and his subsequent illegal
use constitutes a self created hardship which cannot be the
basis for granting the requested variance. One who "
knowingly acquires land for a prohibited use cannot there-
after have a variance on the ground of special hardship...",
CLARK v. BOARD OF ZONING APPEALS, 301 N.Y. 86 (1950).
CONCLUSION
.
It is respectfully requested that the appellant's
application for a use variance be denied.
Respectfully submitted,
GEORGE C. STANKEVICH, ESQ.
Main Road
Southold, New York 11971
(516) 765-3838
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1-.. 9. 1971
MJ;-. Gary Taber
lart at
Orlent, N.Y.
Dear Slrt
!hls .fflce bas recelved several e..plaints ab.u~ the conditio.
or your property, on Navy St_, Orient. ~
Please be aelv1sed that alleenseel vebieles, II1c,.llanoua
scrap metal, dl.oarde. parts ete a~ 01a'.ltle4 as ftcarba.e,a refuse"
under the speella "Garb_ce . refuse er41Dance" aDd are B.t peraltted
unless store4 wlth1a a bulldin._ Storace otbui141nc saterials -IOf
BEING OSED for building with permit, may Rot be dene 1n a resldential
district.
Please put this property 1n order as soen as feaslble. further
e..plaints will be turned ever te the police under the garbage & refuse
ordinance".
lours tru11
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BUILDING INSPECTOR'S OFF.CE
TOWN CLERK BUILDING
SOUTHOLD. N. Y. 765-26.JO
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