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HomeMy WebLinkAboutZBA-10/31/1957 APPEAL BOARD MEMBERS Raberf W. ®i[Ibpie, Jr., Ch~irm~n Robe~f ~rgen H~rberf Rosenberg Ch~r[es Gregords~ gr. Serge Doyen, .Jr. SOUTHOLD, L.I., N.Y. T~*lephone SO 5-2660 MINUTES Southold Town Board of Appeals October 31, 1957 A regular meeting o£ the Southold Town Board of Appeals was held at 7:30P. M. on Thursday, October 31, 1957, in the Town Clerkts Office, Southold,N. Y. There were present: Mr. Robert W. GillispAe, Jr., Chairman Mr. Robert Bergen Mr. Herbert Rosenberg Absent: Mr. Ct~rles Gregonis, Jr. Mr. Serge Doyen, Jr. Also present: Mr. Howard M. Terry, Building Inspector Public Hearing: A?peal No. 34, applice,tion of Albert J. Masters, Peconic B~y Blvd., Nattituck, N. Y., for a variance to the Zoning Ordine~ce and for recognition of right of way under Article 280-A of the State Law. Lot 102~/851 x 80'/75! on North West side of Peconlc Bay Blvd., Mattituck, N. Y. Application for appeal, letter to Mr. I&~sters advising him of date of public hearing and legal notices with affidavits from two official town newspapers were read by the Chairman. Chairman: "Is there anyone present who wishes to speak "for" this appeal? Mr. Terry: "Technically speaking Mr. M~sters could go ahead with the addition to his b~ilding without askimg for permission. His business, which is non-conforming, was started prior to zoning. Ee is asking to add six and a ~m~lf feet to hie building. I think his request is entirely reasonable and would not change anything now existing in the neighborhood." Chairman: "Is there 8nyone else who wishes to speak "For" this appeal?" Mrs. JoknJ. McDermott: "I am not a resident here and I would like to ask who Mr. Terry is?" Chairman: "Mr. Terry is the Building Inspector for the Town of Southold. Is there anyone else who wishes to speak?" 0ctol 31, 1957 BOARD O~ APPEALS MINUTES, 0ontinued Mr. ~alter Williams, Peconic Bay Blvd., M~ttituck, N. Y. : "I h~ve serviced my car here at Alls m~ny times. Ee dees need the room. I would vote for it." Mr. John J. McDermott: "Mr. Masters owns property on the right of way and since the intent was to enlarge the building I was wondering if there would be lighting or advertising on a larger building." Chairman: "Do you mean tl~t you are wondering if Zoning covered lighting?" Mr. McDermott: "! was wondering about floodlights or anything of thnt sort. You could put in a billboard and light it at night to attract attention." Chairman: "Mr. Masters do you own any property on Peconic Baby Blvd?" Mr. Masters: "No. Just the lot on the right of way about 500t back from Peconic Bay Blvd." Mr. McDermott: "! guess I h~venlt made myself clear. I was thinking possibly a sign could be put on the top of the garage in the nature of advertising." Chairman: "A sign 6t x 101 would be permitted." Mrs. McDermott: "For someone not here is there an~ way of putting something on the record as a statement?" Chairm~n: "! will read the statements Mrs. McDermott hns just presented and they will become part of the record." Chairman then read the following: "X, ~ncelica S. Stack, a tarpa~er of Southold, authorize my daughter to speak for me on this m~tter before the County Clerk, Town of Southold, to be heard at 7:30 P.M. on October 31, 1957 concerning a petition of A1 Masters. I hereby state that I am,,nalterably opposed to granting to A1 Masters any variance in the existing ~oning so as to change the residential nature of this marroundi~ community. Such a variance would &ecidedly depreciate the values of the properties there and would, in addition, deprive all residences of their plemsaut, quiet and peaceful atmosphere, l~xrthermore, a public roael in thiB particular vicinity would consider- ably increase the safety hazamd which already exists ~y virtue of the fa~t that while this right of way was granted only for the use of the owners of adjoining plots, it has been constantly violated by A1 Masters who set up a business in what was a residential neighborhood. Particularly during the Summer this right of way is used l~y many children, and on these grounds - their ~fety - I hereby sta~e opposition to any variance to the existing zoning or right of way arrangements. (Signed) Angelica S. Stack." "I, Dan J. Stack, Jr., owner of house and lot immediately west of Walter Williams and facing on Peconic Ba~ Boulevmrd, state that ~ am opposed to grmmt~ng any variance to the exiBting zoning to A1 Masters that would change the residential nature of this com~anity. ! feel such a variance would greatly depreciate the value of my property. (Signed) Dan J. Stack, Jr., 766 Westchester Road; Grosse Point Park, Michigan." Mrs. McDermott: "I would also like to know insofar as the right of way is concerned where you could go to find out if it is being used as it should be." October- 31, 1957 BOARD 0P APPEALS ~INUTES, Continued Mr. Terry: "Your attorney could explain th~ right of way in the deed." Mr. McDermott: "In the event that A1 decided to sell his business would that same privilege be gr~nted to the new owner?" Ch~irm~: "Yes." Mr. McDermott: "Al has a repair business and he h~s a variance on his non- conforming use. Is that specified as a repair business?" Chairman: "At the present time we are trying to prepare a list of non-conforming businesses and we will have them registered." Mrs. McDermott: "~ghen does that ever revert b~ck to purely residential? After two years of a discontinued business? You could sell in the interim." Chairman: "The non-conforming business could be a repair business or changed to a use of the same or higher classification." Mr. l~ond T. Wood: "It ?as not been cleared up. You say he did not need the variance to enlarge his garage. Then if he did not need the variance why is he asking for it. No one is trying to hurt him, they are trying to protect what they have. We did not want any signs or any business brought in there. Tou say it isn't going to change the neighborhood, but wl~t about the road?" Chairman: "Since Mr. M~sters has been in the repair business before the enactment of the Zoning Ordinance it was not necessary for him to apply for a varis~ce to n~'~ke this sm~l expansion in his business because he ha~alres~lymade a start toward expanding the business ~ypouring the concrete apron before the enactment of the Ordinance. We h~ve had an opinion on this subject from our Counsel which I would like Mr. Terry to read to you at this time." Mr. Terry then read the opinion. Tkis opinion, in part, emphasizes the right of the owner of a non-conforming business to expand such a business within reasonable limits. Chairman: "Are there sz~v other questions." Mr. Williams: "I have a statement here, witnessed by Mrs. Willisam and myself, which I would like to read ~d perhaps have made part of the record. Statement: ~ only aim in relation to the article in the paper concerning m~ building is to s~d only 6-1/2 feet onto the front of m~ present garage for the reason only that the present garage as such is too small to accommodate the greater length and width of a single car today. With the new addition referred to above I would like to add a 14 foot door on the south side of m~ garage. (Signed) Albert J. ~sters." Two petitions, one against changing the right of way to a public ros~t and the other opposing the application for a variance were presented to the Chairman. It was the ~,-a=imous decision of the Board to grant this appeal as it was the reasoning of the Board that undue hardship was evidence by the present g~ra~e being too small to house modern automobiles being repaired, the hardship created ts unfque as this is a non-conforminguse in a residentia~ area and the variance granted does observe the spirit of the Ordinance and would not change the character of the district because it permits a small reasonable expansion of a l~xilding ~A~D OF APPEALS October 31, 1957 MI__~TE~__~S, Continued for a non-conforming use, which use of building an premises pre-dated the passage of the Ordinance. In granting t~is variance recognition of the present right of wa~ is made in accordance with Section 280-A of the State Law. Hinutes of the October 24th meeting were read. On motion made by I~. Bergen, seconded by Mr. Rosenberg, and carried, Minutes were approved. The next meeting will be held on November 14th at 7:30 P.M. in the Town Clerk's Office, Southold, N. Y. Meeting adjourned at 10:25 P.M. Respectfully submitted, Grace B. ~eyez ~ -~ Secretary