HomeMy WebLinkAboutZBA-09/12/1957SOUTHOLD, L.I., N.Y.
APPEAL BOARD
MEh4BERS
Robert W. ®ill]spie, Jr., Cha]rma~
Robert ~ergen
Herbert Rosenberg
Chides Gregonis, Jr.
Serge Doyan, Jr.
Telephone SO S-2650
MINUTES
Southold Tows ~oard of Appeals
September 12, 1957
A regular meeting of the ~oard of Appeals wae' held in the Town Clerk' · office
in S outhold, N. Y., on Thursd~, September 12, 19~?, at ?530 P.M.
There were present= Mr. R; ~g. Gillispie, Jr., Chairmau
Mr. Xo Roaenberg
Mr. R. ~ergen
Mr. C..Gregonis, Jr.
Absent: Mr. Serge Doyen, Jr.
Also present l l~r. Howp~d. M: Terry, ~!clt~ Inspector.
PUI~IC ~r~I~ijtiNG., A~peal No, 22 - i~lication 0f ~ H~ener of 7~ ~r~
~ttitu~; N. Y., for a v~i~ce ~er ~TICT,~ III, Section ~ of the Zo~ng
~d~ce, for ~diti°n of e~losed porch to eflsti~ house on lot on ~est Side of
~ Avers, ~ttituck, N. Y.~ SA" zone.
~Pli~tion for v~i~e, letter to aPPell~t ~visi~ of ~te of he~i~
~d 1~ notices ~th ~fi~ita from two official to~ n~per~ were re~ ~
the C~i~.
There Being no one present tO speak either for or against this appeal the
board, after discussion and stud~v, ,,~uouely a~"reed to gr~ut t~is appeal. It
was the d~ter~inatien of the Board that the proposed add.trion would be in line
with the c~_?acter of the district and would observe the spirit of the ordinance
as eetb&cks would conform to the ordi~nce and the h~r~ship created is unique.
Hearing closed,
T~T~LIC W~,A~TX~: Appeal No. 23 - Application of ~x~,~ S. Thorp, 120 Rock~wa~
Ave., R ockville Center, N. T., for a varience under ARTICI~ III, Section 303 of
the ZEeM~g Ord~J~e. Lot: 92.8! on South Lane x 100! on ?.act Lane, Old 0rch&rd,
Oar~iner~e 3~v ~8tates, F~st Marion, 1~. Y.
Application for variauce, letter to Mr* Thorp advising of date of hearing
legal ~otices with affidavits from two official town newspapers were all read
the C~airmen.
Chairman: mis there ~one present who wishes to speak #for" this' appeal?#
Mr. Therp: SLot is the same depth as lots adjacent to it and is a little
wider. Lot is larger t~ practically ever~hin~ in that development s.~ as the
roads have ~een established and there is no ad.Joining land available ! a~ unable
Southold Town ~oard of Appeals
September 12, 1957
~IND~I~S. Continued.
to increase the size of lot."
held
Chairman: "An~vone present vhowishes to. speak "against" this appeal?"
·oard ,,r~_nimously agreed'to graUt this appeal onthis corner l°t which was
in single and Separate ownership Before the enactment of the Zoning Ordinauce.
Hearing closed.
~iC HEARING: Continuaticm of h~aring held on August 22,'1957, in connection
with Appeal No. 16 of Leonard Gilma~,M.D. of 12 NountaimAvenue, Montclair,. N. J.
Hearing was recessed in order to give a~jo~ng propert~ owners au opportunity, if
they so.desired, to pure.haze the lot in~uestion,. Lot No. 14. on tr~cing of map of
# L~ughing Wateree, Secti°n 1, S4uthold, N' Y. This del~ywas agreed to by Mr. A.
Reilly of A. Reilly& Sons, Inc., builders, who had presented appeal.
There being~o'°ne present:to speak either for or against this appeal,'~o~.rd
unauimo~ely.agr~ed to grant the app.eal. It w~s the determi~tion of the 2oar~ that
it would not Be proper for the ~ard of Appeals to deny the right.to ~l~xi!d onau
under~ised:'~i~Xe~:let held in single an~ separate ownership at the date of the
passage Of the Zoning Ordinance. The u~ususl protest that developed in co~-ection
with this appeal seemed to ~e largely based on misinformation as to the proper
functioaimgof the Zoning Ordinance.
Hearing closed.
Minutes ef the sePteml~r 5th meeting were read. On moti°n made by Mr. 2ergen,
seconded by Mr. Roeen~erg,.and carried, minutes were approved.
u nzc e4, A nc tion Urs a Sledzte of re port,
N.¥o, aud Dr. I~m~rence T. Waltz for a variance to the Zoning Ordinance under
ARTICLE VIII, Section 801-A, paragraph B. Property located on north side of Main
Road (Route 25) in easterly part of villsge of Southold, N. Y.
AppliCation' notice to applicants attorney advising of date of public hearing
and legal notices with affidavits from two official town newspapers were read by
the Chairman.
Chairman: "I would like t°eXP!ain t° all present that time will b® permitted
for all those wishing to speak for or against this appeal, with re~ttal, bu~ that
no cross examination shall be allowed. Is there anyone present who wishes to speak
for this appeal?." ....
Mr. Henry Taaker: "! wish to make a preliminary statement to the Board. yOU
have already met Dr, ~aitz and Mrs. ~aitz and you are aware that Ursula Sledzieski
is the owner of the land and has contracted t~ sell the'Property to Dr. & Mrs. '
~aitz, who propose to run .'clinic fhr the practice of veterinary medicine. The
actual presentation and denial of a permit by the Building Inspector will Be
explained by Mr. Robert Tasker."
Mr. Robert Taaker: "~r. Chairman and Members of the Board, I would first like
to OUtline. the character of the' property which is the subject of this appeal2 The
property is frcmt!-c on Route 25 just east of.the Villsge.of Southold, frontage in
excess of 250~ with depth in excess of 7OO~, bounded On the north by Long Island
~ailroadright-of-way, on the east BF a right-e£-~ay~don the West bye right-of-
ws~v. Along Both east ~d west Boundaries the right-of-ways cross the railroad
tracks. On the westerly right-of-way there is a farm way in the back and the only
Southold T own ~oard of ~ppeale
Continued
September 12, 1957
means of access to the farm ~s through the right-of-way. I' thi~k one of the
conditions upon which the board can grant a v~riance is a ~a~dehip ~ud this would
show thatthis i8 a uniquehardship on this existi~gproperty. It is only 12I
from the house sO that you have trucks andtr~ctors passing 12t from the house.
Another sit~tion is the. terrain. About l0t from the rear of the dwelling the
property elopes off and ~e~ween there, rightup to the railroad tr~cks, is a
deep gulle¥. For all practical purposes the property cermet Be used an~ farther
Back than 12 to 15 feet ~ckof the dwelling."
Mr. Rosenberg: ~For howma~v yearshas this been used as a residence?e
Mr. R. TaSker~ eThe house has always been used as a residence. Prior to 1951
it was owned l~Mr. Charles Sanford who used the premises for the storage and head-
quarters for his construction ~usines~s. He stored trucks, etc. on the premises."
Mr. R. T~sker: "~irst we should addreSsou~Se!vesto section,300 of the
0rdi~ce, su_~-diyisi0n 8..It is our posit~on t.h~_t.the.proposed use of the premises
will· be similar to the. uses permitted in the WA# Residential.zone. The veteri~A.~y
practice is similar to a~doctor. ~he ordin~ce says - provided that the occupation
is carried on in a dwelling or an accessory ~ui!ding thereto. That is exactly what
Dr. Waitzproposes.to do. We therefore think that the ~uilding Inspector was
erroneous in his denial of. the application for'a permit' If the ~oard ~hould
that the ordinance, as it now reads, does not permit that particular tYPe of use
we th~n~ we have all the facts necessary ~or ~his ~oard to grant a variance. The
premises h~ve been unoccupied since 1951 and have been~ for sale for 'the last three
years. The premises would not yield a return to the owner if used strictly for
residential purposes."
Chairman: ~e are not permitted to consider financial hardship as an
element in. gr_anting a variance. #
Mr. R. Tasker: UThe unique andother ~_rdahip is the character of the Property.
The property 810pes from the. south of the dwelling and if you had a clinic in the
rear of the house You would be.faced With the Situation of the runs of the clinic.
The ru~s would have to Be placed on pier8 off the gro~nd. I~mediately to the west
of the house there is a deep open well so. you would have ~ifficul~y adding to the
west of the house. If you attempted to move the ~arn you would run into difficulties
as it is on a brick foundation and floor are~ is' cement. I have alread~v mentioned
the right-of-ways which cut,, ~cros8 the pr~ertyan~ I th~ we have a ,,~que situa-
tion here."
Dr. Waitz: "If we were p~itted to PUt up a new building I would prefer t°
put up a small building and have it some distance away from the house. We would
use the dwelling as our residence.~
Mr- ~- Tasker: #AS to what effect the'uSe Of this property as a clinic and
office for the practice of veterinary medicine wOuld have on the neighborhood !
would like to say the property to the west and ~he rear are u~ed for agriCultural
purposes so that the use of these premises for the proposed use Will not alter the
c~.~acter of.the neigh~orhoo~. ~ also have, and wo~ld like to file With the ~oard,
consent,of owners of lots immediately adjacent to property in question, for the
proposed use.
Chair~n: "W~at would Be.the approximate diameter of this circle?#
Mr. R. T~ker: #To the ~est, South and North at least 1,000 ft. and to the
So~thold Town ]~oard of Al~peals
September 12. 1957
MINUTES, Continued
At this time Dr~ Waitz Will address the~oard. Re h~s some photographs I believe
of his proposed construction."
Dr. Waitsl .! am n0t_in[a' poSitiOn to address you gentlemen but would like
to answer ~ questions you~t~t bAve~ I have been practicing since 1932 and
have been very busy the last. 27 years. ! am willing, an capable of working but want
to work at a slower rate. If we were able to use this property ! think it would
contribute to the communit~-a~ ! have been.told-~Yman~ the-t there is a need for
a man here in this profession. I feel that_we _have sufficient land ~nd it could not
in .anyway be a annoyance to anyone, ! have pictures here of a building, used at
the present time for a real estate office in ~ast NorwiCh, similar t0 the ~ttilding
I kadpl~ed to put up. ~uilding would be about the s_ame size and nature..
Chair"~l wis there anyone else who wishes to ~peak f°rthie appeal? l~yone
wishing to speak against the appeal? There ~-~y be some questions the board would
lime to ask. Perhaps Dr. Waitz you could explain the definition of a kennel run
as co~pared to an exercise ruu."
Dr. Yaitz: "In the °ld tYPe of ~oardtng' kennel yoU hacl runs attached to the
buildi~where the dogs coul~ run in and out at Will during the day. We now
have runs where a dog is Permitted' outtwo or three times a d~y for a short
period. Iris not practical to keep sick doge outside ~n~ even boarding dogs are
~etter off inside."
chairm~n, "~ Believe tha~ the new theory is that You keep a ~og under controlled
conditions. Noise is probably the outstanding source of difficulty in connection
with dogs.
Dr. Waits: "After 2? years of practice. I still ~0n?~ like to hear noisy dogs."
~urtherdiscu%ion was heldbetweea Dfc~ &Mrs. Wai~z' their Counsel and Members
of. ~he.~oar~.. ~t!on:_~r. ~e~ry ~asker ~-~ntains t~at the or' i~ su~-~ivtsion S
of ~ection 300. permits the use of an accessory buildt-~ to be-~rec~e~ as the main
place of bueinessof the applicant, while Mr. Zosenber~ maintains that the defini-
tion of an accessory ]milding, az outiinei in the Ordim~ceand based on legal
interpretations in the ~ast,. would PreVent ~he erectiOn of a separate building to
house the facilities require~ .lr~a ~e~erinarypractiCe' It is Mr. ~°.enberg, s
the la.. i. ore.ce in: P- ic ,heuld
hisz~erpre}ea to mean that a veter~nA~inn ma~ conduct his pro£ession-~inly from
nome and that the requ~remont for additional sp~ce o£ such a profession must
be incidents~l to the main use off the residence for a profession of this character.
C~n: 'ar, or~ouis and Mr,' ~e~ge~ wou~d be in fsvor of ~r~tin~ this
vaz~lance But as l~ro Rosenberg is of a d~f£erent'°pinion ! am sure we wo~d not ~t
to °Verr~le him. Fr. ~asker tme asked if they eould have u~til next Wednesda~ to
su]~t a memor~n4um of 1a~ ~u6 l~ro R~sen~erg will s~lso su~t some ffacts. Decision
on this a~peal will be given on T~s~, September 19, 1957."
Hearing closed.
t~IO tF_ARI~G: Appea1 ~o~1.2~' APplication of Ib..Vao~ T. and Ilia M. ~raham,
Pine Tree ~acl~ CutChogue~ N. Y,, for VariaUce under ARTICLE III. Section 303 of
the Zoning Ordinance. Lot 222.72~ south west corner Horton Road& Pine Tree Road,
Map of Nassa~Farms, Peconic, N, Y.
Southol~ Town Board of Appeals
September 12, 1957
MINUTES, Continued .....
from two official town newspapers, together with affidavits, were rea~ By the
there an.vone present who wishes to speak for this appeal?e
~.Gre~mm: eThere are-tW0 Cottages on this lot at present whiCh tmve been
there for some time. we propgse to_sell, the one house on Horton Road and ask
a variance_on the lot 751 frontage on Horton Road x 1001 in depth. We intend to
divide the lot in two parcels, one with 751 frontage and the other 147,721 x
1001 in ~ep~h.s
Chairman: els there, anyone Present who wi~hes to ~peakagainst this appeal?e
It was the determination of the Boar~ that'the strict application of the
Ordinance would produce undue and,unique hares_hi~ as the two existing houses on
lot were there before the Ordinance went into effect and as the variance does
observe the spirit.~f the Ordinance Boar~,,-_~uimouslyagroed to gr~t this appeal.
Hearing close~.
PU~LIO_~EA~?~G: i AlmpealNo' 26 - Application HowardP~'~arnes, ~]~iewAve.,
LynbroeE, N. Y. for variance underARTIOLE III, Section 303, of the Zoning Ordinance.
Lots 35, 36and 37,. Amended Map A-!124 "Peconic ]~ay ~states", Greenport, N.Y.
Application, letter to aPPellant advis~~ of date of hea~ing and legal notices
with affidavits from two official town newspapers were read by the Chairman.
~mne~e ~ei~ nO one present wishing to SPeak either for or ~inst this appeal
Board studie& application in which Owner requests variance to divide the three lots
into two, making each of the lots 751 frontage. Board agreed u~e~mously to grant
this appeal.
Hearing closed.
~oard then discussed th® matter Of a budget to ~e su]mitted to the ~own
S~mPervisor for the coming fiscal yea~.. After careful consideration it was
estimated tha~ the expenses of the Board of Appeals would be as follows:
SeCretarial. assistanc®
Stationery and ~ormprinting
Filing Cabinet
Law of Zoning '~ James Metzenbaum
Subscription to.the Zoning ~ktlletin
Advertising of legal notices
Travel~enses, divided as follows:
1. Estimated expense for two members of the ~oard
attendance at Association of Towns meeting in New
York in Feb~,~ry $250.00
2. Estimated expense Mr. DoYen~ Board member
from ~iahers Island, for atten&~ee at
board meetings in Scuthold, N.Y. 150.00
3. Estimated travel expense of board to '
Fishers Island.
.. 125.00
Carried Forward
900.00
3O0.00
75.00
50,00
10.00
1,500.00
525.00
$ 3,360.00
Southold To~ra ~o~rd o£ Appeals
~nut es. Continued
SeptemBer 12, 1957
~ro~ght ~orwa~
~e~urseme~t to S%r~ of AppeaSe; $6O0.00 of
which ia remuneration to the Chairman and the
~l~ce represent~ $5~.00 to each of the
other mem~rs of the ~d.
$ 3,360.00
,6oo. o0
TOTAL ESTIMATED EXPENSE
5,96o.oo
TOTAL ESTIMATED INCOME
APPEAL APPLICATIONS
1.~00.00
-. ESTIMATED N$_T. E~aENSE OF.THE BOA/~D $ $,~.00
Fi~e of $900.00 for Secret~ help w~s dete~ned ~ c°mbin~ the
e~se of the l~st t~ee months of ope~tion. Est~te~ ~se of ~ve~isi~
of le~ notices is ~eed on est~ted n~er of appe~s to be filed ~th the
Bo~d of A~eals, Esti~ted hcome w~s ~rived ~t ~ esti~ti~ n~Ber of
appe~s, at $15,00 ~er a~eal, for the ~tire
Meeting a~Jo~-ned at 11:40 P.M.
Respectfully submitted,
Grace B. Meyer
Secretary