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HomeMy WebLinkAboutSledzieski, Ursula - WithdrawnNovember 15, 1957 Mr. Hobert Tasker Greenport, New York Dear Bob: /~t a meeting o£ the Town Board held November 7th, I was instruct:ed to return to you $25.00 fee which accom- panied the petition of Sledjeski and Waltz for change in zone from '~ Residential to ~B' Business; the petit/on having been withdrawn. Therefore, a check in the amount of $25.00 is enclosed herewith. Very truly yours, Norman E. Klipp ~Cupervisor NE K: ti Enclosure OUTHOLD, L.I., N.Y. TeJephone SC) 52~50 APPEAL BOARD MEMBERS Robert W. Gll][sp[e, Jr., Chairman Robert Berge~ Herbeff Rosen berg Ch~rJ¢~ Gregonis, Jr. £~rcje Doyen, Jr. August 23, 1957 Mr. Norman E. Klipp, Supervisor Office of Sugervisor Town of Southold Greenport, N. Y. Dear Norm: In resoonse to your letter of August 22, 1957, enclosin~g letter of recommendation of the Southold Town Plarming Board, dated Au~st 7th, in the m~%ter of the petition of Ursula Sledzieeki and Lawrence T. Waltz for a change of zone on property to ~e used oy a veterinarian end also enclosing letter from Henry Tasker of GriffinM, Smith, Tasker end Lundberg with enclosures of original petition, the Board of Appeals, after lengthy discussion, is unable to discover in the Zoning Ordinance any regulation which might be applicable to the location of the veterinarian profession. It is our understsnding that ~r. R. G. Terry, Jr., Town Counsel, is of the opinion that this use of property can be grey, ted by the Board of Appeals as a special exception. Before considering this aopeal as ~, special exception we will have to have a legal opinion from Mr. Terry advising us under what provision of the Ordinance we may act. As soon as you get thi~ opinion from Mt. Terry we will ~e glad to sct promptly. Your s/.v.~ry ~ly, SO OT, RWGjr:gm cc: Mr. R. G. Terry, Jr. GR~'E~NlaORT, /. I., N. Y. August 22, 1957 Mr. l~obert Oillespie, Chairman Southold Town Board of l~ppeals Southold, Long Island Dear Bob: Whereas the Planning Board feels they can not recommend a change from A to either B or C Districts with reference to the petition of Ursula Sledjeski and Lawrence T. Waitz, and theysuggest that the matter be referred to the Board of Appeals as a special excep- tion, I am filing with your Board all of the papers that pertain to this matter for your consideration. Sincerely yours, Norman E. Klipp Supervisor NEK:tl Enclosures DUTHOLD, L.I., N.Y. PLANNING BOARD MEMBERS John Wickham, Chairman Harold R. Reeve Charles Van Duzer ~{enry ~,~oi s~ Alfred grebe Au~ast 7, 1957 REPORT TO: SOUTHOLD TO~,~N BO~3dD TOWI~ CLERK'S O$1FICE SOUTHOLD, N. Y. This is to certify that the following ~,ction w~,s t~,ken by the Southol~ Pla/kuing Board on August ~, 1957: Petition of Ursula Sledzieski ~n8 Lawrence T. Waltz for a ck~,nge of zone on property situate on the north side of the M~.in South Ro~d. Southold, N. Y., described as follows: iIorthezly by l~nds of the Long Island t~ilroad Company, e~osterly by l~mds now or formerly of }latha.niel E. Booth, southerly by the Ma, in South Road ~n~] westerly by l~nds now or formerly of Greece Strasser. ?~tition for chalice from to either "33" or "C" districts. It is the detez~nination of the Southotd PL%nning Board that we s~re not willing,' to recommend either one of the pro- ?osed s.mend~nents an6 we s~aggest to the Town Board th~.t the ].ocation of kennels amd exercise pens be referred to the Board of Aopeals s.s s. soeci~l exception. o~,n~ Wickham,. Ch~~rmgn SOII!~HOLD TO~Tf PLA~A¢INC BOAPD JW;gm SOUTHOLID TOWN C;LERK'S OFFICE July 10, 1957. Mr. John Wickham Oh~irman Plannin~ Board Cutchogue, N. Y. ~ear Mr. Wick_ham; Enclosed herewith original of Petitions of Ursula Sledzieski and L~wrence ~. Waltz ~ud Robert H. Preston and L~Grant Chapman, relative to change of zone in accordance with Article IX, Section 901, sub-division C. You &re instructed to prepar$ an official report defining the conditions des- cribed in t~ petition and determine the area so effected with the recommendation of your Board. It is respectfully requested that this be given your immediate attention. m~/r Very truly yours, ooth Town Clerk GRIFFINO, SMITH, TASKEI~ ~kND LUNDBERO July 8, 1957 Town Board of the Town of Southold Southold, N.Y. Dear Sirs: We are enclosing herewith original petition of Ursula Sledzieski and Lawrence T. Waitz for a change of zone on property situate on the north side of the Main South Road near Southold, N.Y. We respectfully ask that action be taken on this petition pursuant to the provisions of Article IX of the Zoning Ordinance. Check to the order of the Town of Southold in the amount of $25. to cover the fee prescribed by the zoning ordinance is enclosed herewith. We should appreciate being advised of the time and place of the public hearing to be held on the proposed amendment. Thank you for your cooperation. HT. v Yours very truly, th, Tasker and Lundberg CASE NO: ........................ STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF URSULA SLEDZIESKI and LAWRENCE T. WAITZ 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: WE, URSULA SLEDZIESKI, residing at Greenport, Suffolk~County~N.Y., an,d. ~ ~,, D;F~...J[.~A~REbLCE..T.....WA/TZ ...... , residing at ..M..~..a..d.g.W..~g.u,..r..t,,,....W-.e..s.-t..b..u..%":,Y.-,..,'LX, Y. , (insert nome of petitioner) respectively the owner and pro~spective purchaser ~.~k~X~O~g~X~)il~Lm~KX~~KnX~X~f of certain reap property situated :~ on the north side of the Main Road, at Southold, Suffolk County, N. Y, .................................................................... and more porticulorly bounded ond described as follows: Northerly by lands of the Long Island Rail Road Company, easterly by lands now or formerly of Nathaniel E. Booth, southerly by the Main South Road and westerly by lands now or formerly of Grace Strasser. Subject to the rights-of-way existing across the easterly and westerly sides thereof between the Main South Road and lands lying north of said prern/ses for the owners thereof as the same may appear from the records. ~3~ng and intended to be the same premises conveyed to Conrad Sledzieski by deed dated March 19, 1943 and recorded in Suffolk County Clerk's office in Liber 2277 of deeds at page 550, and premises of which the said Conrad Sledzieski died seized and possessed. We 2. ~ do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southo~d, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, os follows: PROPOSED AMENDMENT I. To amend Subdivision 4 and the second sentence of Subdivision 8 of Section 300 of Article III, to read as follows:- ~ ~ ~ 4 - Agricultural farms, poultry farms, Jveterinary or small animal hospitals,/nurseries, greenhouses and truck gardens (does not include farms for the raising or breeding of ducks). 8 - * * * * * This shall be understood to include the professional office or studio cf a doctor, ~veterinarian,~ dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioner of a similar character,t ~and in the case of the veterinarian, the clinic, animal hospital, or other buildings used in connection with the practice of veterinary medicine,I or rooms used for home occupations including dressmaking, rn/llinery~,orl similar handicrafts, PROVIDED the office) studio or occupational rooms are located in a dwelling in which the practitioner resides or in a building accessory thereto, ~nd in connection with the practice of veterinary medicine, the animal hospital, clinic or other buildings for the boarding, care and treat~lent of small animals shall be located in a dwelling in which the practitioner resides, or in a building accessory thereto, and that no runways or exercise pens shall be closer than 50 feet to any side lot line, or 75 feet to the front and rear lot lines,~ and provided further, that no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words onlyl of the practitioner. FIRST ALTERNATE AMENDMENT II. To amend Subdivision 4 of Section 400 of Article IV to read as follows:- 4. Hospitals and clinics other than those for infectious or contagious diseases, or insanity or mental diseases, or liquor or drug addicts, lsmall animal hospitals and other establishments for the care~ treatmenf and boarding of small animals, provided, however, that no runways or exercise pens shall be closer than 50 feet to any side lot line, or 75 feet to the front and rear lot lines. and by further changing from "A Residential and Agricultural District to Business District, the property described in paragraph 1 hereof° SECOND ALTERNATE AMENDMENT III. By changing from "A" Residential and Agricultural District to "C" Industrial District, the property described in paragraph 1 hereof. 3. Such request is made for the following reasons:- a. There is no provision for the use of real property by a doctor of veterinary ~xedicine for the purpose of the practice of veterinary medicine and for the maintenance of the usual small animal hospital and other facilities for the boarding, care and treatment of small animals in either the residential or business districts as the ordinance now exists. Such use would be permitted only in the industrial districts as shown on the zoning map. Subdivision 8 of Section 300 of the present ordinance may or may not permit such use, but in its present form, it is questionable as to whether or not it can be so interpreted as to permit such use by a doctor of veterinary medicine, other than for the purpose of maintaining an office for the examination of small animals. In the opinion of the petitioners, further clarification is necessary at this time. b. An examination of the zoning map of the Town of Southold indicatessthat there are but 11 sections of the Town of Southold which are zoned for in- dustrial purposes. Upon information and belief~ the sections so zoned are presently used and occupied for the purposes for which they are zoned by -2- existing industries~ In any event, they are neither located nor suitable for the proposed use for which this application is made and for which this amendment is sought. Such areas are the only areas within the Town of Southold in which an office for the practice of veterinary medicine and a small animal hospital could be maintained at the present time° co There is no presently existing non-conforming use similar in character to the proposed use to be made of the premises under consideration, which could be made available to your petitioner Lawrence T. -~Vaitz for the practice of veterinary medicine which would be regarded as suitable for such purposes. d. Your petitioner Lawrence T. Waitz is a duly licensed veterinarian and in the event that this application is granted, intends to use and occupy the premises under consideration for his private family residence, and to conduct therein and thereon, an office, small animal hospital and other buildings for the care and treatment of small animals. Upon information 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 Southampton and Easthampton. In the event that this proposed amendment, or one of them, is adopted, your petitioners' services will be available to the entire Town of Southold~ on a full-time basis. e. The omission of the proposed use in either the residential or business areas of the town as presently zoned, appears to have been the result of inadvertence or oversight on the part of the Town Board which should be rectified. f. Upon information and belief, the proposed amendment will not materially affect or alter the character of the neighborhood, and the use will be in harmony with and promote the general purposes and intent of the ordinance and is a use not wholly inconsistent with the ~rior use of the premises affected which have been previously used for agricultural purposes and for residential purposes. The property affected is particularly suitable for such proposed use, being of sufficient width and depth to provide ample side, front and rear yard space. The nearest dwelling on property adjoining that of your petitioner to the area proposed to be used for an animal hospital is more than 100feet from it, the premises directly across the main highway from the premises affected are presently used for agri- cultural purposes and the dwelling to the east of the premises under con- sideration would be more than 100 feet from the area proposed to be used for an animal hospital. STATE OF NEW YORK) SS. COUNTY OF SUFFOLK) URSULA SLEDZIESKI, being duly sworn, deposes and says that she heard is she is one of the petitioners in the within action; that she has,read the foregoing Petition and knows the contents thereof; that the same is true to -3- iher own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, she believes it to be true. Sworn to before me this day of July, 1957. -4-