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HomeMy WebLinkAbout24 LEGAL NOTICE hO_~ ICE ~E~-~i~i ~ Pursuant to section 267 of the Tovaa Law and the provisions of the Building Zone Ordinance of the Tov~ of Southold, Suffolk County, New York, a -public hearing, will be held b} the Zoning Bce.rd of A-opea!s of the Town of Southold at the Town Clerk's Office, Main Street, South. old, N Y Thu. rsday September ~2 1957 at 8:45 PN (E.D.S.T.) upon the application of Ursula Sledzieski and Lawrence Waltz for a variance of the Buildin~ Zone Ordinance under provisions of Article VIII, Section 80~-A,~Par. B to establis] and operate an office and clinic for t~he care and treatment of small animals, in connection with the practice of veterinary medicine. The property is located on the north side of main road~(route 25) in easterly part of village of Southold. Any person deslreing to be heard on the above application should appear at the time and place above s-oecified. Dated August 3~, ~957 By order of the Zoning Board of Appeals of the ~own of Southlo~ Howard M. Terry, Building Inspector. 2!eas~ pt~b!ish once Sept. 5, 1957, and forward affidavit of publication immediately to the Building Inspector. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ........................ ~~.....~ 19.~...~.~ for permit ? con~struct ~, '...~_....~..~. ~s located at .~.~..~.....~'' -' .~......~...~.. --' .... Map ........................................ Block ............................................ Lot ............................................ is retum~e.rewith and d. isapproved on the following grounds ............................................................ .......................... vuilding Inspec 'or 6,' FORM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ................ ~'..../?., 19,...~',. A /, ~, ,, -~ ..~.~* pproved ............. ~ ............ , 19 ........ Permit No...~..~...~.. ................ Disapproved a/c .~..~--~..~~.~..,~ .................................. Application No ............ ...~..7. ............ APPLICATION FOR BUILDING PERMIT Date ......................... ~: ..... /.....~'....., 19...~...~ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this location. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspect on throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the. Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for remora or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances and regulations. (Sj~rl'ature or appdcant, or name, if a corporation) (Address of Ol:(OJ~cant) ' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .... .................................................................. Name of owner of premises....d,~r:'.,..~..~~,.,~ ....... ~ .............................................................. If applicant is a ¢~t)orate, signature ~f duly authorized officer. 1. Location of land on which proposed work wj be done MapJNo' ~- -- /nt kin. Street and Number .......... ~/....r~........,.~.. .................................. (_~ Municipality State existing use and occupancy of prem, ises and ir~nded use and occupancy of proposed construction: a. Existing use and occupancy .~~/~ ~%-/~'~' ~ '~ ................................................................................ Locate clearly and distinctl' property lines. Give street and whether interior or comer lot. 3. Nature of work (check whic,_~pplicable): New Building .......... ,..)~.. ...... ~Jdition ........ X. ...... AIteration.--.-..~... .......... Repair I~emova ................ Demolition ................. ~.~)ther Work (Describe) .................... 4. Estimated Cost ........ ../.~? .(~r_Z.~. ~ ....................... kee ............. :....; ......... .; ...... .;., ....... ;,. .......... ,:....::....~ ................... z (.to De pale on rung Tn S app cm on) 5. If dwelling, number of dwelling units ...... ~..Number of dwelling units on each floor .................................. If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ................................ Rear Sd~ ...~....~.. 7. Dimensions of existing structures, if any: Front ....... ~....~. .......................................... Depth ..................... Height ~...... ' Number of Stories .~..~...¢~f--~..~ ...................... .~ ................. Dimensi'~ of'~'~;"~;~cture with alterations .or additions: Front .......... ~......~... .......... Rear.~,., ..~.: ...................... Depth ............... ~ .......... Height ......~ .............;~Number of Stories ~~ ......... _ 8. Dimensions of entire new construction: Front ....... .'~..'.~.. ............ Rear ....... ..~T....~.. ............ Depth ..~ .................. Height ./..~.... Nur~ber of Stories....::~ ........ ~ ' :":"~';o~ ..... ~'.~.'.'~ Rear ~-~ ~ '~ Depth ~....~.....~...v~..~._~,~ c), :)lze aT IO~[: .... .,~./..." ....................................... 10. Doteof Purchase ........................................................ Na~f,~ ................................................... 1 1. Zone or use district in which premises are situated ....... ~?-~-~.. ................. ~...i ..................................................... 12. Does proposed construction violg~"qany zoning I~w, ~rdinance or~gulationi ......~: ....................................... Name of Owner of premi~~.~ddres~...~".-~'":-Phone NO ..................... 13. ' ~ ~--~ Address Phone NO ....... Name of Architect ..~ ........... ../. ....... .~- ....... '~'( ......... ~ ..... '~' ................ Name of Contracto:.~'~~~ddress ~~~.~:,Phone NO.....~.~.~..~. - PLOT DIAGRAM all buildings, whether existing or proposed, and indicate all se ~lock numbers or description according to deed, and show str~ -back dimensions from :t"hames and indicate ii STATE OF NEW,,~C~RJ~, /~'? S S COUNTY OF~') '~ ~' ~' ...................... ~~,';~i ................ being duly sworn, deposes g~nd says that he is the applicant e ,s the · . .... i .......... ave named H ' . ..... ,¢...~.~.~..~..:..~ ............... .>~,~ ........... ~- ................ ab · ~-~ / //'~/(Controc~, agent, corporate officer, etc.) of said owner or owners, and is du y authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed fherewith. Notary Publi ,c~.~/''..-~~' (S,gna, t~re of applicant) FORM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Application No ..... ~....~.~... ............ Approved .................................... , 19 ........ Permit No ................................. Disappro. v, ed a/c ~~'~..~..~,'Z~.~,~ .................. ........ APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drown on the diagram which is port of this location. c. The work covered by this application may not be commenced be.fore issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole, or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the~ Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or a terat OhS, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances and regulations. .......... (Sigh~ture of opplicar~, ar name, i~ o cor~-i~j ......... (Addr~(~' '~'l~)'l';~g ~;~i ............................... State_whether app~cant is owner, lessee, agent, architect, engineer,')general contractor, electrician, .l~lumber or bu der. ~Cr~-¥ ~O~'en~ r%--"f-~'n; ~ ~~. .~.. . . . : ~ ~~ ~. . ................................................................................. If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No: ....................................... Lot No: .................... 2. State existing use and occupancy of p[e~ises and intended use and ~cupancy of proposed construction: a. Existing use and occupancy .~::~; ................................................................................... 3. Nature of work (check wh~.~.~pplicable): New Building .................. ,,~ddition .................... Alteratlon...../~. .......... h Repair ............... Removal .. Demo t on ......~i ..... ~:~ Other Work (Describe) .. 4. Estimated Cost ....~:__.__F~e ...~.. ..................................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units .......................... Number of dwelling units on each floor .................................. If garage, number of cars .............................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of u~.~_~ 7. Dimensions of existing structures, if any: Front ....... ;'-- ._ -~-~ / ,~/Rear~ ............................ Depth ................................ Height ............................ Number of Stories ..... C.'~Q......~....~/... .............................................. Dimensions of same structure with alterations or additions: Front .......... ~..~..-~.. .......... Rear Depth ........... .~.~.~... ........... Height ......../..~.-...: .............. Number of Stories'.~..~._...~/,, 8. uimensions or entire new construction: Prom .......... :, ................. r~eor ......................... :., Depth ...~. ................ Height ............ ./...~:.. ....... Number of Stories .......47-~.......~ ~ ~ ). 9. Size of lot: Front~-g~D./../.'~.:~.~.~..'~i Rear ..... ~n-/,~:~?0.. Depth ...~..T-..~..~ 10. Date of Purchase; ....................................................... Name of Former Owner ......................................... : ..... 7:; .... 11. Zone or use disti-ict in which premises are situated..~....~~~~ 13. Name of Owner of prem,ses..~.~~,~"~ess ~ · :~~..~ Phone I'40 ..................... Name of Architect .................................................... Address .......................................... Phone NO ..................... Name of Controctor .................................................... Address .......................................... Phone NO ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot .... --- ~/~ ! - ..... , "_ z · STATE OF NEW Y~.I~./../.,~<~ S COUNTY OF .~.~ /~::~ ~/~__:..' '.~ ~ ' / ........................ ~ .~~.~~-....being duly.sworn, deposes and says that he is the applicant (Name-~ individual signing application) above named ~e ................................................................................................ ;.: .............. , ........................................ (Contractor, agent, corporate otticer, etc.) ........ ~ ......... n 'elief ~ that al statements contained in th~s apphcahon are true to the best of his knowledge a d ~ ; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .~ . ::': . ....... ~....... day of? ............. ;.~~ 9..~ :~~ '~ ' / ~~r ' Notary Public,~ ~ ~' ~~ ~ ~*~ ~ .... ~ "'~'S gna~re of ~pl~nt) --~' APPEAL TO THE ZONING BOARD OF APPEALS, Town of$omthotd, APPEAL NO. ~- ~-~ New York~ i~ram~a 5~easxemk~o' ~l~ln~ au (~reenpor~, Beffol~ ~. N.Y. ~d Dr. ~ence I, (We) T. W~tzofM~Co~. We.~u~,~ N.Y., r~~ly~eo~r~d ~ Name of Appellant Street and Number p~a~ p~ser HERFBY APPEAL TO Municipality State THE ZOI~ING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .APPLICATION FOR BUILDING PE~IT NO~ ~ DATED /~9~~ ~ , 19~ . WHEREBY THE BUILDING INSPECTOR ( ) GRANT ( ~ DENY T o Urm~ ~l~zies~ ~d ~ce T. W~tz Name of Applicant for permit 0f Street and Number Municipality State x ) A PERMIT TO USE ) A PERMIT FOR OCCUPANCY ) A TEMPORARY PERMIT OR EXTENSION THEREOF ) A CERTIFICATE OF EXISTING USE ~'. LOCATION OF THE PROPERTY Rotate 35 "A" Re~l~m,~l a A_~r!emltml~l Street & Number' Use District on ZoninG Map 2. PROVISION(S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article section, subsection and paragraph of the Zoning Ordinance being appe~aled by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is m~de herewith for ( ) An interpretation of the Zoning Ordinance or Zoning Map ( ) A special permit under the Zoning Ordinance or Zoning Map (x) A variance to the Zoning Ordinance or Zoning Map ( ) A temporary' permit ~. PR~glOUS APPEAL A previous appeal has ( ) has not (x) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal(s) was ( ( ( ( and was (were)made in Appeal No. Appeal No. Appeal No. Appeal No. ) a requested interpretation ) a request for a special permit ) a request for a variance ) a temporary permit dated ~19 .dated .19 dated .19 dated 39 REASON'FOR APPEAL (Complete relevant blank. Use extra sheet if necessary. (a) INTERPRETATION OF THE ZONING ORDINANCE IS REQUESTED because (b) A SPECIAL PERMIT UNDER THE ZONING ORDINANCE IS REQUESTED Pursuant~ to Article__Sectlon__Subsection__Paragrap~__ (c) A VARIANCE TO THE ZONING ORDINANCE IS REQUESTED FOR THE REASON (1) STRICT APPLICATION of the Ordinance would produce UNDUE HARDSHIP because (2) The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Aw at.ce tot he Zontn~Ordinance Is reque~edforthe reaeonm~ forth in the attached mheet. (1) Strict application of the Ordinance would produce undue hardship because t.here is no provision for the use of real property by a doctor of veterinary medicine for the practice of his profession in either the residential or business districts as the Y, oning Ordinance now exists. An examination of the zonin~ map of the Town of Southold indicates that there are but 11 sections of the Town zones for industrial purposes. Upon information and belief, these sections so zoned are presently used and occupied for the purposes for which they are zoned by existing industries. In any event, they are not suitable for use as an office and clinic for the practice of veterinary medicine. The property which is the subject of this appeal is particularly suitable for the use proposed. The property is of sufficient size so as to provide front, side and rear yard areas greatly in excess of those required by the Zoning Ordinance. The nearest dwelling on adjacent property is more ttnn 100 feet from the proposed clinic. (2} The hardship created is IF~IIQUE because a strict application of the zoning regulations will, for all practical purposes, prohibit applicant, Dr. Lawrence T. Waltz, or any other practitioner of veterinary medicine from establishing an office and clinic in the Town of Southold for the care and treatment of small animals. As previously stated, the ordinance Permits such a use only in one of the 11 industrial districts which are not presently available to applicant. (3) The granting of a variance in this case would observe the spirit of the ordinance and would not change the character of the District. Article III, Section 300 of the Zoning Ordinance permits premises to be used for "agricultural farms, poultry farms, nurseries, greenhouses and truck gardening" in a residential district. The proposed use of the premises in question for an office and cLinic for the treatment of small animals in conjunction with a private residence would be similar in character to the uses permitted in a residential and agricultural district. The premises directly across the highway from the premises affected are presently used for agricultural purposes. The proposed use will not prevent the orderly and reasonable use of adjacent properties. .~pplicant Lawrence T. Waltz is a duly licensed veterinarian and, ff a variance is granted herein, intends to use and occupy the premises under consideration for his private family residence, and to conduct there- on, an office and clinic for the treatment of small animals. Upon inforn~tion and belief, there is no licensed veterinarian presently practicing in the Town of Southold, the nearest veterinarian being located in the Town of Riverhead and the next nearest in the Towns of Easthampton and Southampton. If this variance is granted, applicant's serwices will be available to the entire Town of Southold, on a full-time basis. STATE OF NEW YORK) COUNTY OF SUFFOLK) Sworn to thi~,~'~daY o,~.ugust, 1957 ..... · ~Nbtary public ROBERT W. TAS~KER INO?'ARY PUBLIr~. State of New YOt'K No 52-3c)33'/2~) ~uffoik Courlty. Term Exp, res March 30, .1959 BOARD OF APPEALS, TOWN OF SOUTHOLD - - - - - - - - - - - - - - - - - - - - - - - - - - -x In the Matter of the Appeal of URSULA SLEDZIESKI and LAWRENCE T. WAlTZ, Appellants. - - - - - - - - - - - - - - - - - - - - - - - - - - -x ME.MORANDUM , Ii . . BOARD DE. APPEAr .i'l~OWN OF ROTT'T'Hm.n_,~ ':'.' . -,' . . _ ... - .. _ --'.. .-" ---.--..--....--.-- . ---- ..... -,--- -_.-- . In the Matter of the Appeal of APPEAL NO. 'URSULA SLEDZIESKI and LAWRENCE T. WAlTZ, Appellants. - - - - - - - - - - - - - - - - - - - - - - - -x MEMORANDUM At the hearing of the appeal in this matter, considerable contro- versy developed concerning the meaning of an accessory building as defined in the Building Zone Ordinance of the Town of Southold. At the conclusion of the hearing, decision was reserved and Appellants were granted permission to submit a memorandum. This memorandum will deal with the following points;- I. That the proposed use of Appellant's premises is a permitted , use within the meaning of the Ordinance and no variance is necessary. ll. That if the Board of Appeals should determine that the use 'proposed is not a permitted use, Appellants have presented facts sufficienit ' I to warrant the granting of a variance. POINT I The view was expressed at the hearing of this appeal that the building in which Appellant Waitz proposes to conduct the practice of "veterinary medicine cannot be classified as an accessory building and that such a use can be permitted only in the dwelling or in a building "attached thereto. . . Article!, Section 100, Subdivision 1 of the Building Zone Ordinance defines an accessory building as "A building, subordinate to \\ ,the main building on a lot and used for purposes customarily incidental 'to those of the main building". Two conditions must be present. First, the building must be "subordinate" to the main building and second, it must be used for purposes "customarily incidental" to the main building. The words "subordinate" and "incidental" are synonymous. However, as . :used in the ordinance, they must have reference to different matters. The word "incidental" has reference to the ~ of a building. The word "subordinate" does not. The term "subordinate" must therefore have reference to other characteristics of the building itself, such as its size 'and location in relation to the main building. The proposed building in our case will be much smaller than the dwelling and therefore would be subordinate to the main dwelling building. We next turn to the second and most important condition. To qualify as an accessory building, the building must be "used for purposes! , 'customarily incidental to those of the main building." This has reference! to the use and not to the characteristics of the physical building itself. It must be recognized that one of the most important purposes of zoning is to regulate the use of land and building. Thus in classifying buildiIgs, the primary consideration should be the use to be made of a building. This is observed in the Southold Town Ordinance as the ordinance defines 'an accessory building in terms of the nature of its use. If the use is one " . . 3. which is "customarily incidental" to the main building, the Ordinance provides that it shall be classified as an accessory building. Article!, Section 100, Subdivision I does not specify what shall be deemed a customarily incidental use. However, this is classified by Article III, Section 300, Subdivision 8 of the Ordinance which provides that the practice of certain professions shall be deemed "uses customarily in- cidental". It provides that "uses customarily incidental' to any of the above uses (residential and agricultural uses) when located on the same lot. . . shall be understood to include the professional office or studio of a doctor . . . or practitioner of a similar character. . . . , PROVIDED the office, studio or occupational rooms are located in a dwelling in which the practitioner resides or in a building accessory theretq . . . .". Since the Ordinance provides that professional offices I are customary incidental uses and that an accessory building is any . building occupied for customary incidental uses, it should follow that the building, when so used, must be characterized as an accessory building. The Ordinance does not limit such use to the main building. It permits the use "in a dwelling in which the practitioner resides or in a building accessory thereto. The only limitation is that it be on the same lot. Bassett in his book "Zoning", in discussing accessory buildings and uses at page 100 states:- "The doctor, dentist, lawyer or notary had from time immemorial used his own home for his office . . . . . ------rr---..-- H , . . m. _._,.____.___.__ _..._---~.. .,.,_.. ..---.-....------ -... ..-.--- ..._---_.,~..._-- ---.-......-. ..- -. ....-.......-,-..-. .-..c;::-...::--::::-:::--'~..---:.:-~---=:.t,----::-::=~ Customary incidental home occupations are therefore allowed as accessory uses, even in new houses in residential districts. When such! uses are in accessory buildings as is often the case, they are similarly : allo~d. " POINT.' II If the Board of Appeals should determine that under the strict letter. of the Ordinance the Appellants are not permitted to ..use the ! building as proposed, sufficient facts are present to warrant the grantin~ of a variance. Article vm, Section 801B provides that "where there are practi- cal difficulties or unnecessary hardship in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so as the spirit of the Ordinance shall be observed, public safety and welfare secured and substantial justice done". Under the above provision, if practical difficulties or unnecessart hardship are shown, the Board of Appeals may vary the application of the provisions of the Ordinance as they apply to a particular }:iece of property provided the same will not violate the spirit of the Ordinance. "The purpose of a variance is to afford a safely valve, so that the carrying out of the strict letter of the Zoning Ordinance may not occasion unnecessary hardship to particular property owners. " :1 Bazinsky v. Ke,lc, Inc. 259 App. Div. 467, 19 N. Y. S. 2d 716, , Affirme~ i i! . . ,,' ..,. - ....-..-...."---.-..-- - -.-.-. ._..--..~ ......-." ...- 5 i . ...---"'- .:::-::_~:::_=~_~:::i::=.::=::.., ,,-~_._.._. ---... '-."'. .. - -..----...- . .--.----.....-. 286 N. Y. 655. In the case of Otto v. Steinhilber 283 N. Y. 71, the Court of Appeals stated that before the Board of Appeals may grant a variance upon the ground of unnecessary hardship, there must be shown the following: - 1.) That the land in question cannot yield a reasonable return if used only for a purpose allowed in the zone. 2.) That the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood. 3.) That the use to be authorized by the variance will not alter the essential character of the locality. Appellants believe that they have presented facts sufficient to meet all of the three elements which must be present to constitute hardship. The property has never been occupied solely for residential pur- poses. It has. always been used for business purposes in conjunction with the dwelling. The premises have been offered for sale for more than three years. During this period of time, only one prospect evidenced any interest in purchasing the property and he proposed to erect a liquor store on the premises. The courts have held that evidence that the premises cannot be sold for the purposes allowed in , i the district may be considered by the Board as evidence that the propert:+ cannot yield a reasonable return if used only for purposes allowed. As was shown at the hearing, the property has features which i. . . .. 0 -1>.1.- _ set it apart from the usual parcel used for dwelling purposes. The property is burdened by two rights-of-way, one along its entire easterly: boundary line and the other along its westerly boundary. Both rights-of.., , way are used for access to farms to the north of the premises. Farm tractors, trucks and equipment travel over the premises. The right-of- way on the east is but 12 to 15 feet from the house. The entire northerl~ , portion of the premises was at one time a sand and gravel pit and is presently useless for any purpose. The land slopes sharply away from the house on the north side. The cesspool is located approxinately 25 feet from the rear of the house. These two conditions make it im- possible to erect a structure in the rear of the house. There is also a small storage building with a cellar located near the northwest corner of the house and an open well located west of the house. All of the above conditions taken together are unique circumstances which would place an undue hardship on the owner if he were compelled to enlarge the dwelling or attach another building to the existing dwelling in order to be able to practice his profession on the premises. It would also result in the crowding of all of the buildings along one side of the parcel, i one of the evils sought to be corrected by zoning regulations. The proposed use will not alter the essential character of the neighborhood. The premises directly to the west are used for agricul- tural purposes. Two retail vegetable stands and a greenhouse are " .- . "Y..,-,-" located within 200 feet of the premises on the west. The premises are bounded on the south by Route 25, a heavily travelled main highway. The ii property on the south side of Route 25 directly opposite appellant's premises is devoted to agricultural uses. The premises are bounded on the north by the Long Island Railroad right-of-way and the property north of the railroad tracks is likewise used for agricultural purposes. The proposed use of the premises as an office for the practice of veterinary medicine will conform to uses characteristic of the neighbor- , hood. All surrounding property owners are in favor of the proposed use: as is evidenced by their written consents filed with the Board of Appeals.! Appellants recognize that if facts are presented sufficient to constitute practical difficulties or unnecessary hardship, the Board of Appeals may grant a variance only when the granting thereof will observe the spirit of ,the Ordinance. There can be no doubt that if Dr. Waitz were able to enlarge the dwelling to provide space therein for his professional rooms, this would comply with the strict letter of the Ordinance. Likewise, if a building __e erected near the dwelling and attached thereto by a connecting hall or breezeway and a room of the dwelling occupied as an office or reception room, this, too, would comply with the strict letter of the Ordinance. Would the spirit of the Ordinance be violated if Dr. Waitz were permitted to practice his profession in a building located as proposed? It would seem to Appelants , that it would not. A variance would not permit a use prohibited by the II ,i . . I ! I i 8 I '-'c-' ==~cr'~"~ ".'-.------.- '-----,---- --_._._~.._. --.- .--.-----.-.------.-.-.,--... -. .. --.-. ._" ..---- .,,, Ordinance in the district. It would only affect the location of a permittedj use on the premises. It would p1'omote the public safety and welfare. It would not interfere with the reasonable use of adjacent property. It would prevent undue crowding and oQncentration of the buildings on a I . I " small area of the lot and would afford adequate front, slde and rear yard i it ! a'reas. It would permit the premises to be used for a purpose for which it is most suited. The intent and purpose of the Ordinance as expressed in the preamble would be promoted and the 'spirit of the Ordinance would be observed. Respectfully submitted, Griffing, Smith, Tasker and Lundberg Robert W. Tasker, Of Counsel. . August '3', 1957 Ursula Sledzle8ki & ta...nee c. Waltz C/O Attorney Henry Tasker Greenport, N.Y. NOTI GEt There 11111 be a publ10 hearing upon your appl1oation tor a variance to the Bulldlng Zone Ordinance of Town of Southold, Art1cle VIII, Sect10n 801-A,Par.B. held by the Zoning Board ot A'ppeals in the Town Clerk's Ottice, Main street, SO'jlthold, N.Y., Th'lrsday September 12, 1J57 at 8145 PM. ( E.n.B.T.) Yours truly ~d:~": ~ r' ! \ LEGAL NarICE I NarIOE OF HEARING 1 pursuant to section 267 or the I Town Law a:nd the prov1.s1ons of the I BuIldlng Zone ordlnance of the \ Town or Southold, S~,fo1k County, I New York, a publlc hea.rlng wUI I be held by the Zoning Board of Ap- pea.ls of the Town of Southold at the Town Clerk's Office Main street, Southold, New York, onl : ThursdaY, September 12, 1957 at, S'4;5 PM (EnS.T.) upon the applH ~tion of Ursula SlEldzleskl a:nd' Lawrence Waitz for a varlance of the Building Zone ordinance under Building Zone ordinance under i>rovisloM of Article Vlli, Section ; SOl-A, Par. B to establ!"h Mld QIl-! etate an office and clinlc for the care and t'teatment of small ani- ma.ls, In connection with the prac- tice of veterinary medicine. . I V-'he property is located on the north sIde of main road (route 25) IIn easterly part of village of South- laid. Any person desiring to be heard on the above appl1cation should appear at the time and place above specified. Dated August 31, 1957 . By' order of the Zoning Board of AppealS of the Town of Southold. Howard M. Terry, Building Inspector I ltB6 STATE OF NEW YORK, COUNTY O~' SUFFOLK, 1 l ss: J um2,.t:C"":'cJ:4':""'.m($..u~~ being duly Sworn, says that m -/r:Z.umm is Printer and Publisher of the SU~'l!'OLK TIMES, a newspaper pnblished at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Times once in each week, for m ' , uu u.uuuP::l.hLu. weeka.. successIVely commencing on the muu.~Y.'-mu day of uA~,,:,--,\,~19uS.k.'.' ,. . ' u\u ,~ uu.~o...~:\.J,;u~~. S.worn to before me this ...m~.".Y,..,u... ' /I ,11-" i day of u /"''''=I~'.0;~m 19.5'.) i /__- ~-__( ./.~;_<:: .......__m_~C.7[-:~~:...u~u.~~..::::.-::.u< z_~,,-{ ;0 "'''C/' i- I j L!l<OAJ, NOWCE. NOTlOE 0'1 {IIIAltING , Pursuant to sectiOft' 267 of the Town Law and the provWbllS of the Build'ing Zone Ordtnance of the Town of South- old, Suffolk. COunty, New York; a public \ hearing will 'be held by the Zonlng' Board of Appeals of the Town of South_ I old at. the Town Olerk's OIflce, Main I Street, Southold, N. Y., Thuraday I' September 12, 1957, at 8:45 P. 'jI(. (E. D.- , S.. T.). \1!lOn the appllcatlol). of Ursula Sllldzleskl and I:.awrence. Wltlto . for a variance of the B1lI1dlng :Zone Ordln- mee under provisions of Artie1e.,VIII, SeCtlon.801~A, Par. B to.eatab1lah and oPerate .an I office '.and clinio for the care and treatment of small animals, in., connectIon with,__ the practice of Vetlr'erinary medicine." . . The property is locia~ on \he north side of main r~ <route 25) in easterly P'llt of village o.t Southold. Any person desiring to be heard on the abOve appllcatlon shoukl appear at the .tlme and place ...bove liPCClftl,d. Date<! August 31, 1957 . By . order of the Zonlng I!loard of APpeals, of the Town ot'll/>uthold. Howard M. 'I"VrY. BUllitl'>8 I~ector. COUI"TY OF SUFFOLK I STATE OF NEW YORI< I 55. Frederick C. Hawkins, being duly swarn, says that he is the awner and publisher of THE LONG ISLAND TRAVELER - MATT/TUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Vvotch- man once each week for ..(!:.~,....(I./... weeks /, a~ successively, commencing on the ...............2................... day of ^ ~~. T '?'-7-' ..~7:;jj(~......:.. 19.2 _/ .' ..........:".r'::.~4:.~..~.::.{C;./'.~.~.~..:.0.::.,..'.:. ti~, Sworn to before me this .........7......... day of ""~1J....... 19:'.<..7 / . / ) ......................UN~~......./:J::77.~.... ADELE PAYNE Notary Public. State of New~prk Residing in Suffolk County No, 52,3041000 Commission Expires March 30, 1959 , . . IIDlORABDtJI( Appeal .0 24 AuS)l 1957 ~rsula 8iedzieski and Dr Lawrence ~ Waitz res,ective17 owner aad pros,ective purchaser. !lhe appeal h based upon the retusal .r the Build ing Inspector to approve Perait 289 .lug )0 1957 - Applioation requests more than authorized to permit and use not permitted in this zono - 70r purposes or olarity Dr Waitz' name will be used as appol/lant beoause he appeared betore Board eto. In Appeal t~E HARDSHIP i8 olat.ed beoause no prOVision is is made for use of real property by dootor or Teterin8li17 medioine in either residential or business distriots. !be taots do not bear out this olaia. ... Art 111 Sea 300 sub 8 permits praotice .r Teterina17 medioine in residential areas in residenoe and aocessory bui1tng. Art lV Seo 400 Sub 2 permits the same and sub 13 permits the additional use of shop tor pet aniaals and 8ub 10 -stables- and sub 16 aoceS8017 use oustomarily incidental to pet aniaals U!fIQ.rJ!: HARDSHIP Cuia is adnne" that striot applioatiOD ot ordinanoe will prohibit Dr Waitz or other veterinary trom tr~m establishin<< ottioe and olinio in the TOwn or Southold. " !be above stated raots dGf,not bear out this daia. SPIRIT OF ORDINANCE AND CHARACTER OF 'lEE NIUGHOOIUI30D. Claim is _de that granting or Tarianoe would not ohange . - oharaoter of neighborhood. Any ~erate businese in residential a~~would ohange the oharaoter. 8peoial reoognition is taken in the ordinanoe or non.oontorming use which may not be proh bited due to tht'r preTious e:xiste-10e but proTision is made tor thtir ultimate disappearanee so that the oharaoter of the neighborhood will be restored and maintained. In the light of the abOTe the varianoe should be denied. ........;,;. Waitz. Appeal. 24 Aug 31, 1957 Pa~ 20 "A use oustoaarily inoideat,l and subordinate to the prinoipal use or building looated on the same lot with suoh prinoipal use or building." M.RA.~DtlJl An ACCESSORY BUILDING is defined in the ordinanoe as "A bUilding, subordinate 'to the main building on a lot and used for purpose. oustomarily inoidental to the main Art III See 300 sub 8 provides for building. " i the praotice of veterinal'J medioine in a building in whioh the praotitioner resides or in a building aGoessol'J thereto. Dr. Waitz proposes either to remodel the existing barn or to erect a new building likewise in aooordanoe with said sketch _ a traoing is attached hereto. '!'he lall~age of the ordinanoe is olear. All acoessol'J building is subordinate to the main buildillg and used for purpose. custoaarily inoidelltal to the maill building. Dr. Waitz does not intend to use the new building for any purpose oustomarily inoidental to the main bu Biling. He proposes to erect a new btJllding. 'rhe remodelling of an old fashioned barn to the extent that the new structure would not bear the slightest appearanoe to the former structure and whioh according to his own statement would most likely not be done but would start from the present foundation and erect a modern struoture oontaining 6 rooms and 4. outside runs - a building devoted entirely to its proper use as a small animal hospital or olinic and oontaining modern deTiees for the treatment and oare of small animals oould hardly be oonsidereil as an aooessory building any more than the ereotion of a small hospital or olinio for the treatment of huaans oould be olassed as an acoessory buildinp, beoause a physioian lived in a residence on the same property but Waitz-2 did not o..ot his prof...ion wi thia. resideno.. AOCOrdiag to the ordinanoe and aooepted legal and diotidnary definition, an aocessory building Bust be .ubordinate or .eoondary. Dr. Waitz propose. to ereot a building to be used for tho praotioe of his profession and as a saall animal hospital or olinic where due to the nomal operation of that t)'pe of business animals 1180)' r..ain for several days. '!'he t reataent 01' animals is '1 undoubtedl)' a profossion but the lIaintainanoe of an an1m~l hO'Pi~ allli<tllos. are the words Dl". Waitz has used in his applioation for a pemit is not the praotioe of his profession but olearly a business in oonJunotion with h;s profession. Our ordinanoe gives ,a long list of businesses permitted in the B or business area and &man these is sub 4 Art IV Seo 400 ,. " Hospitals and clinios as well in other sub seotions pro~iding for u ,. ~ " stables and shops for pets and other trades or uses of a similar grade whioh would Clearly indicate that a definite line has been dr"wn between the praotioe of a profession within a residonoo and a business oonduoted in a separate building set apart from tho priTBte residenoe at the owner. Pagil 44- Some. 8anoes enumerate the aooessory building and uaes, but this prooedure is not neoessary. The oharaoteristios of suoh uses have been indioated and may be sUllll8rized as follows: (1) the use must be a oustom!;ry use, (2) it must be inoidental and not the prinoipal use and ()) it must not oonstitute a business.- Looal .f~~!ld ZglU!lg page 24. 1956 ar~ cons~tion should be given to definit10~s used in the ordinanoe.- It should be borne in mind that a variance p:oeB with the land and not with the person and permission to operate a separate buainess in a residential area oould very well under the guiae ot a varianoe become a legislative act and change a zone WhiCh, of course, 18 not within the powers ot a Board of Appeals. . Th1stts a buB1ness op8ra~ea for tOfi t ana oonduotea entire17 outside of Dr. Waltz' home. It is to be oonduoted in Wa1 t;!:"'3 , a separate building and whether Dr. Waitz lives 75 feet or 7S0 teet away is ~8t.r1al. It is unquestionably a separate business establ1sbaent. It is n:Jt within the province of the Bo"rd or Appeals to vest in the landowner an exoeption to use the premises 1a violation or the general rule bindin~ upon all other landowners within the zone. I , Of Southold, N. Y. Jluly 5, 1957 Town Board of the Town of Southold We, the undersigned, being the owners of lands immediately adjacent to the lands of Ursula Sledzieski, or owners of lands directly opposite the lands of Ursula Sledzieski or the owners of lands in the immediate area of the lands of Ursula Sledzieski, situate on the north side of the main highway at Southold. N. Y.. which lands are the subject of an application for an amendment to the zoning ordinance, do hereby consent to the proposed change of zone so as to permit said lands to be used by a licensed veterinarian for the practice of his profession and in connection therewith, for the maintenance of a small animal hospital, clinic or .other buildings customarily used in the practice of veterinary medicine. ~pe/f~, if J " Name J;J ,',' / J'" '\ ~ "_..~'&-.,c_<"-.le~,,rll-.''''.t Address kyvl,:i-.t~ 1j;~ ~ ~f-. -fr~~- R~ iQ/(,'1 ( ,.~,,:-u.( ;1~ d /.)/1_ -i-~J).. ~:fj;:-- ,/ , . ,,:3 ~ ......bJw.1.d 0i ~ /S fUA~ LJkJ f)z. ~ ( ~~~ t)t./t ~~ flU. - ~ ~ x \.