HomeMy WebLinkAboutZBA-09/19/1957~OUTHOLD, L.I., N.Y.
APPEAL BOARD
MEMBERS
Robert W. Gil[ispie, Jr., Chairman
Robert Bergen
Herbeff Rosenbercj
Char[es Gregonis, Jr.
Serge Doyen, ,Jr.
Southold ~o~rn ~o~ of ~pen].s
September 19, 19~
Tmlephone SO 5-2660
A regular meeting of the Southold Town ~oa~xl of ~rpeals was held at ?:~)0 P.M.
on Thnr~-y, September 19, 19~'~, at the Town Clerkls office in Southold, N. T.
There were present
Mr. R. W. Gillispie, Jr. (Chair~an)
Mr. Herbert Rosenberg
Mr. Robert ~ergen
Absent: Mr. Serge Doyen, Jr. amiMr. Ch~les Gregoais, Jr.
Also present: Mr. Howard M. Terr~, ~ilding Inspector
Appeal No. 24 - Application of Ursula Sledzieaki and Dr. Lawrence T. Yaitz
for a variauce to the Zoning 0x~linance under Article VIII, Section 801-A, paragraph
· . Appeal vasdeniedunani~ouslybecause the ~oardbelieves the OR clause in
Article III, Section 300, sul~-~ivision 8 w~st be interpreted in the light o£ the
definition for an Acceesory~uilding, as provided in Article I, Section 100, su~-
division 1. Counsel for the appellants tnter~rets this clause to mean that a
b~il~ing for the practice of veterinary w~dicine canoe erecte~a~art and pllysically
separate from the dvelling~ailding in which the practioner resides. Nowever, the
~oardls interpretation of this t~rpe of permissive use in Section 300 is that a
profession such as described in su~-divieion 8 must be conducted in the dwelling
~uilding of the owner ]~xt can overflow into an accessory~uilding.
D r. Waits and counsel have been seeking a method of establishing Dr. Waitz
as a veterinarian in the Town of Southold to conform with the Zoning Ordinance. In
the past efforts were made to the ~thol~ Town~o~rd to either amend the Ordiaance
to permit the practice of veterinary medicine in the "A" ~esidential and Ag~icul-
rural District or to change the zone of this property to e~e ~usiness District. On
August ?, 1~, the Southold Town Ple-~ing~oard stated ~h~t they were not willing
to recom=end either one of these procedures an~ suggested to the Town~oard that the
location of k~nnels and exercise pens be referred to the ~oard of Appeals as a
special exception.
~he ~oax~l of Appeals directed the ~xildt~ Inspector to issue the necessary
building and use and occup,-ncypermits to permit the construction of an office a~d
clinic to ~e attached to the west side of the dwelling to be purchased By Dr. ~aitz
from Ursul~ Sledzieaki.
$outhold Town t~oard of Appeals
Sept ember 19,
~h'U~E~, Continued
PUBLIC t~JtING: Appeal No. 27 on application of Harold J. Schaller of 61
Rob%in Drive, East Williston, N. Y. for a variauce to t~ Zo~ Ordi~ce, Article
III, Section ~3, on lot No. 77 ~ ~lf of lot No. 78, 75~ front~e x 130' in
depth. ~t on filed ~ of ~r~ners ~Estates.
Letter to Mr. Schaller advising of date of public he~ring, application for
appeal amd legal notices with affidavits from two official town newspapers were
read ~y the Chairmsm.
Owner is u~able to purchase any adjacent laud to increase size of lot ~
since the variance does observe the spirit of the Ordinance and strict application
of the Ordinance would produce undue and unique h~.rdship it was the ~nanimous
decision of the Board to grant the appeal.
Heari~ ended.
P0~LICEEARING: Appeal No. 28 on application of Thomas J. and Ethel M. Hickey
of 226Moneell Place, Greenport, N. ¥. for a variance to the Zoning Ordinance,
Article III, Section 303, on lots Nos. 23, 24and 25, 60~ x lC0t each. Lots located
on Anglers Head on unfiled m~p of S~rise Estates, Greenport, N. Y.
Letter a~lvising date of public hearing, ~plication for appeal and legal notices
with affidavits from two Official town newspapers were read 1fy the C~n. O~ner
is dividing the three lots into two lots of 90~ frontage x 100t in depth. ~oard
unanimously agreed to grant this variance. It was the decision of the ~oard that
strict application of the Ordinance would produce undue and unique hardship as there
ia no adjacent land available and the variance does observe the spirit of the
Ordinance as the lots in ~ueetion will be increased in size aud will not change the
character of the district as other lots in that arena re smaller.
Hearing ended.
Minutes of the September 12th meeting were read $~ on motion made by
Mr. Roeenberg, seconded By Mro ~ergen, and ca. tied, minutes were approve~o
Meeting adjourned at 9:15 P.M.
Respectffully submitted,
Secretary