HomeMy WebLinkAboutPuskarz, Eugene - Denied2
SUPERVTSOR KLIPP: The next matter we have pending
is the petition of Eugene Pushkarz. It is for a change
from "A" Residential and Agricultural District to "M"
Multiple Residence District. The property in question is
situated at Fishers Island. The request is made for the
following reasons: this dwelling has been a two-family
house for many years. I wish to make a third apartment
for my own use and rent the original apartments. This is
a non-conforming use in the dwelling on the east.
This is signed by Eugene R. Pushkarz.
And I read the recommendation of the Southold Town Plannin~
Board at this time:
Gentlemen:
This is to certify that the following action was
taken by the Southold Town Planning Board on August 19,
1958:
In the matter of the Petition of Eugene Pushkarz of
New Britain, Connecticut, for a change in zone from "A"
Residential and Agricultural District to "M" Multiple
Residence District certain real property situated at
Madelane Avenue, Fishers Island, and more particularly
bounded and described as follows:
south by Madelane Avenue -- West by George Griffin --
North by Henry Zabolowski -- east by Katherine Stone.
It was the determination of the Planning Board to
recommend approval of this application to the Town Board.
This is signed by John Wickham, Chairman, Southold
Town planning Board.
SUPERVISOR KLIPP: Is there any person present at this
time Who wishes to speak in favor of the change in zoning?
(There was no response.)
SUPERVISOR KLIPP: If not, is there any person who
wishes to speak in opposition to the change in zoning?
PHILIP B. MATTHEWS, ESQ. (Southhampton, N. ¥.): I
appear here this evening on behalf of Lily Cushing Boyd and
Katherine T. Scb_midt. I have a memorandum here that I will
was
distribute on this question, and I^specifically requested
by the two obJectants to read letters to the Board. I
believe they were sent directly to you.
Dily Cushing Boyd owns a house two houses to the east
of the subject premises and it is addressed to the Supervisor:
Dear Sir:
I understand that a hearing is to be held on November
l0 at ? p.m. at the above address in connection with a
proposed change in the Zoning Ordinance covering certain
property on Fishers Island owned by Hrs. Puskarz and
bounded by the property of Henry Zabolowski, Mrs. Katherine
Stone, and Madalane and Griffen Avenues.
The owner of the above prope-ty wishes to change it
from his present status of "A" Residential to "M" Multiple
6
SUPERVISOR KLIPP: No. No dimensions of any kind.
MR. MATTHEWS: Well, my information on this, Gentlemen,
is that these properties on Madalane Avenue are approxim~ely
60 ft. wide by approximately 200 ft. deep, and it might be
necessary to adjourn this hearing so I can obtain from the
County records some indication of the dimensions of this
property.
There are two, in my estimation, legal reasons why
this application should be denied. One is that after
considerable study the Zoning Commission that hands out the
zoning for the Town of SouthDld made a comprehensive
plan of the entire town, including Fishers Island, and
unless I am mistaken there is no part of Fishers Island
devoted to a multiple residence or "M" zone on this map.
It gives Agricultural uses and "C" Industrial and I imagine
if there was a Multiple Residence shown, it would be so
indicated.
SUPERVISOR KLIPP: There was no Multiple Residence Zone
when this map was originally drawn up.
MR. MATTHEWS: Is there a new map?
MR. TASKER: The maps are amended and changed whenever
there is an a~,endment made.
MR. MAT~S: But there has been no district zone.
Apparently these changes apply to individual people or areas
as this application is applied for.
7
The objection is that I am certain you gentlemen have heard
many times here is that in instances such as thisj to apply
for a change of zone for a single ownership~ece of land,
a small piece of land, you bring it directly within the
scope of spot zoning. As set forth in the brief here, the
general concept of spot zoning is where there is a small
parcel of land, and a change is sought which benefits the
individual and is of no concern or moment to the general
public as a whole, nor does it promote the general public's
plan of zoning as set forth by the Zoning Commission or
Town Board when it was adopted.
In this case, you have a classic example of that as
stated in Mr. Puskarz' petition. He wants it for~s own
personal use and benefit to erect a three-family house
apparently on this piece of land and if in this area of
Fishers Island you excuse one small parcel of land and say:
you can have an "M" Multiple Residence here, what is going
to protect the rest of the plan throughout the rest of the
township? It would defeat the whole thing, and consequently
puts it directly within the proposition of spot zoning.
The second point that I have made here in this brief,
and I acknowlege in the brief, and I acknowledge it openly
to you gentlemen here, is on information and belief, that
from what my clients tell me, these parcels of land are
narrow on ~4adalane Avenue. There are several. There are
11
MR. MATTHEWS: Yes, but I have no actual knowledge.
SUPERVISOR KLIPP: We don't need more dimensions, if
everybody is happy that it can be handled by the Appeals
Board, he has a non-conforming use, and it can be extended
by the Appeals Board. Is there any person who wishes to
be heard on this Fuskarz application?
(There was no response.)
SUPERVISOR KLIPP: If not, we will close the hearing
at this time for the further deliberation of the Board.
. , ~.. - ~ ~
November 7, 1958
SuperVisor
Town of Southhold
16 South Street
Greenport, N.y.
Re: Change tn Zontng Regu/ations
Dear S/r:
] ,m~erstAn~ that a heardng is to be held on ~ovember
loth at 7 P.M. at the above address ~n connection w~th a proposed
chan~e in the zon/ng ord/n~nce coverdng certain property on
Fisher's )sland owned by Mr. ~uekarz and bounde~ by the property
of Henry Zabcbonsk/, Mrs. Katherine Stone (Schmidt), and Madeline
and Griffin Avenues.
The owner of the above property w~shes to change it
from its present status of "A"-resident]al to "Ma-multiple
residence distrdct.
This is to say that I consider that such a change
would do irre~arable harm to my property, which ~s located
adjacent to the property of Mrs. Stone (Schmidt), who ~ u~der-
stand is also opposed to this change.
in add/Men, since the proposal is to change the zoning
of e single property, this wou~d ~eem to be "spot zoning", wh/ch
is illegal.
] t is therefore respectfully requested that the change
not be permitted.
] have requested ~r. Philip B. Matthews to represent
me at this hearing.
Very truly yours,
(Mrs.) Lt~f~ ~ushing Boy~
PUBLISHERS' CERTIFICATE
State of Connecticut, [ ss. New London.
County of New London,
On this__~_'c_h___day of__(_"~.Q~29_F_ ....................
Town of $outhold, N. Y.
A. D. 193 , personally appeared before the undersigned,
a Notary Public, within and for said County and State,
the Braining Zone Ordinance Orl ~d ~ 001~ A~R~
Im~,.~, New Yet'k. lQ said To~vn on .................... Of THE DAV, ~t daily evening
,Building ~ne Ordinance ~lnclud- newspaper published at New London, County n/ New
,CountY.i m. By NewchanglngYOrk:rrom "A" Resi- London, State of Connectmut,' "who being' duly sworn,
Itvict.y tBe following described' states on oath, that the Order of Notice in the case of
~folk. and State of New York, ann ~O ~ ZO~
, hy Madellne Avenue. and on the iS herenuto annexed, was published
n.a~.~H P. ~OOTU. - ....... ' .... ~ ........... A. D. 193
To,,, c~*~k days of 9ctoh~
1,"'*.' ~ . . -, -t
.
Subscribed and sworn to before me thts .... :_~ ._::_ .
day of .... 2~'_~tn~er A.D. 193 lC~8
Notary Public.
SOUTHOLD, L.I., N.Y.
PLANNING BOARD
MEMBERS
John Wickham, Chairman
Harold R. Reeve
~lfred Grebe
He~..F. ~isa
Archiba,la ~. Young
Au~r,~st 19 1958
Ri~PORT TO: So~thold Tovm Board Southold, New York
Gentle~neu:
This is to certify that the following action was ~ken ?,y the
Southold Town Pla~ing B~rd on Au$~st 19, 1958:
~ the ~ratter of the petition ~f Eu~ne ih~skarz of New Britain,
Co~ectic~t for a c~nge in zone from "Au Residential and k~:~.cult~ral
District to "E" ~dultiple Residence District ceftin real oroperty
situated at ~,~adelane Ave, Fisher's Island and more oartic~larly bol:,nded
and described as follows: South by l~adelane Aven~e - iTest by ~orge
Griffin - North by He~y ~bolowski - ~st by Katherine St~one.
It was the detern~ination o_ the ~a~in~ ~joard to reco~end
ap?oval of this aoolication to the T~n Bc,~rd.
Very tr~ly y ~rs,
o~ ~,~_ckham, Chair~n
TOWN OF SOUTHOLD
IN THE MATTER OF THE PETITION OF J~O~ ~'/v~'"' p~/~./(~,i"c'Z..
FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF
THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
1. I, .¢..-. .... ~. ............... , residing at .. ~ ...... '.'.. . ~'~
(insert name of petitioner) "~
Suffolk County, New York, the undersigned, am the owner of certain real property situated at
~~ .... ~ ............. '. and more particularly bounded and described as follows:
2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend
the Building Zone Or~Jinance of the Town of Southold, Suffolk County, New York, including the
Building Zone Maps heretofore made a part thereof, as follows: F~~.' A ~"~'~
STATE OF NEW YORK, )
) SS:-
COUNTY OF SUFFOLK, )
~...':.FrF~.z~..~.~ .................. BEING DULY SWORN, deposes and says that he is
the petitioner in the within action; that he has read the foregoing Petition and knows the con-
tents thereof; that the same is true to his (her) own knowledge, except as to the matters therein
stated to be alleged on information and belief, and that as to those matters he believes it to
be true.
Sworn to before me
this !~'.~.!:.day of. ~'~M~ .......... 19..~.~: .....
............... :,~:~".'",.::ir~i~ ...................