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HomeMy WebLinkAboutZBA-04/25/1957SOUTHOLD TOWN BUILDING ZONE ORDINANOE~..BOARD OF APPEALS The B~ard of Appeals met April 2~ 19~7 at 7t~0 P.M.in the $outhold Town 01erk' s 0f~ic:e. Purpose of the meetinE was~ a general dissuasion of procedures un, er the ordtn~nue~and a series of wr~itten questions-~er= presente~ foe consideration- by the board.. Pr. eeent'~$e~g~ Doyen,Robert Bergen,0 Gregonis,Herbert Rosenbsr~,and R W Gtllispie Jr.Also present, at this meetin~ It G T~er~y j=~Town 0ounsel;John MUd&em~n,0onsult~nt Sui~folk 0ounty plan~dng Board,~orman Klipp,Town Supervisor;JOhn ~ickham,: 0hairman Town Planning Board,and Hr Grebe, Fisher'e ~I~lend representative on the Pluming B0ard~. ~1. In the case of an individual applying for a buildin~ permit om a lot held in single and separate ownership before April 25 19~7(~effeetive date of R~l~ing Zone Orai~ce~,~ere the lot is ~dersize~,~e Building Inspector ~ isle ~ pe~t va~i~ the y~rd req~r~ents withim the pe~esible l~ts est~blizhe~ in ~e ordi~nce. ~2~0~ ~.~ O~E OF ~: Applicant files for pe~t,~s reJecte~, fi~z: o~ Appe~i~Applic~tion~files ~th ~1~ Inspe=to~,~ays fe~ ~1~ Inspector ~rr~es public ~tice.:in two local p~p~.s ~s req~re~ by To~,~et~~ t~e ~ pl~=e of public he~ring ~er aon~lting Appeals Bo~r~. The build~ Inspector is c~utioned ~g~nst o~er~ ~ verbal o~ ~itten ~ opi~on: ~s; to ~ion~ of the board on. ~ ~t~er. ~8~ ~T~,:Special exceptio~ ~ch come ~er ~rd of Appeals j~is~ction ~re o~y those ~te~ in or~i~ce such ~s ~ in A~icle~ 1V" · ' Business District(r~lati~ to ~ar~e or ~e e~tion in business ~ne);n~bers 1,17,& ~ in: Seciion V w~:O e ~dustri~l etc. ~. ~ ~re loathe businesses which were spott~ om the ~p in- the prep~ration~of the ~n~ ~ Ie~ off the fill mep,w~le some ere~s w~ch were neve~ use~. for business but on which business zoning was requested, include~ 2 ~t w~s believed that these were i~dvertently left o~ the ~ ~p ~d that the To~ ~ard could on its o~ ~tton in revising the ~p incl~e ~ese_ areas or businesses as ~Businems" or spot em as ~n-co~o~ 0~OF ~ indivi~l wis~ to establish ~ business in ~ residenti~l zone c~: ~pply ~ To~ BOard via applications furnishe~ by To~ 01erk for ~ ch~e of zone...~s provided in the ordi~nce,~er two public notices on succes~ve weeks ~ public he~rin$~. ~ eff~ the ~p ~ Ordi~ce~ ~re consi~e~e~ ~s on~en c~nges of zone ~re ~e: the ~p ~st be revise~ ~d date~.In:c~s of doubt,!nterpre~tion of ~e is one of the ~tions o~ ~ard of ~pe~ls.~terpre~tion of the meaning of the oral--ce is ~lao ~ duty of the Board of Appeals. ~ G~DISOUSBI0~ 0F ~VIS~LE_RULES ~ PROC~~ for Board of Appeals; Test~.should be t~en ~der o~th,which m.y be a8~stere~ by 0h~i~n or acting Ch~i~;verb~t~ tr~script on public he~ri~s;t~pe recorders not a leal record;~tnesses should be heard ~t leith both" for" "gg~inst];rebut~l of test~ p e~tte~,but oro s~ex~tion of witnesses .not pe~tte~,since this is ~ board of eq~ty~Oh~i~ has subpoe~~ power; ~one ~ggrieved ~th ~ decision of the Board of Appeals ~st ~ppe~l to the Appell~te ~vision of the Supr~e Court,State of New York,~within ~s from filing of ~es of ~rd. Publication of decision by board req~re~,measo~ng of board im re~c~ decision c~ be describe~ briefly in the ~nutes as bei~" in line with" or" out of line withe ordinance ~nd ~n quote:: section.~nutes ~st show how e~ch m~ber vote~.Decisions W~inutes April 25 19~7 ........ PAGE TWO~..Board of Appeals should not necessarily be made in presence of witnesses or appellants. In hearing a case Secretary reads notice of publication. Ohairm~n asks if there is ar~one present who wishes to speak for the Application. Ar~one~Lagainst? Witnesses should be brief.~ There is no cross-examination of witnesses permitted,however,after both sides have been'Lheard,there may be rebuttal testimony. ~7.In cases of ~one family" dwellings where it is desired by Applicant to build a guest house,provide an appartment for parents or children, or other reason, reco.~..endations were that the board should consider the #humA~ aspect" of the case,however,the situation should be ex-m~ne~ as to whether such an application is for c¢.......ercial exploitation of a residential area. ~8.John Mud~eman is of the opinion that the mere fact of a "filed map" of under-sized lots does not necessarily retiewe~ the owner from adapting to lot ~ required under the building zone ordinance.0onsideration in such cases should be given to character of area and lots already sold.. Also there was discussion of the fact that some filed maps exist in the town going back over a hundred years. ~9.No,a permit is not required for ereetion of a sign, however,purpose, size,and erection of sign must confom to the ordi~-nce.l~ was pointed out that an advertising sign is a non-conforming use wher~e the sign is for commercial advertising. Such co.,-..ercial advertising signs shall be discontinued within~five years From el~ective,~ date of ordinance unless continuance of such non conformztng use is granted by Special Exception. ~10. Considerable discussion of what constitues a =itart" of a buildimg before effective date of ordinance.It was Mr Nud~e~=u's-opinion t~t a start should be indicated, by physical evidence,and that sticks and strings as ew~'de~of a start were not clear indications of real intent to build. ~ll. Board of Appeals is charged with interpretation of ~ap and ordinance, is concerned with variances based on hardship,and spe¢iat e~ceptions. It is n~t. concerned with change of zone or proposed subdivision of land. ~12~-~rd of Appeals does not publish decisions,must record in minutes how each member voted, does not give reasoning at length,can make decisions in presence of appellant or not as seems advisable,~ll notify appellant in writing of decision. ~lS.Considerable discussion of an accessory building permit for a permftt~ usa, and for a ~n-conforming use. Should an existing non-conforming be,~permitted to expand? ~ingadjourned IltSO P.M. OHAIRNAN'B~MINUTEB R W Gillispie Jr