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