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been withdrawn.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
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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
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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.
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