HomeMy WebLinkAboutZBA-03/26/1959 APPEAL BOARD
MEMBERS
Robert W. Gitlispie, Jr., Che~rman
Rob~t Bergen
Herbert Rosenberg
Charles Gregonis, Jr.
Serge Doyen, Jr.
Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone SO 5.~6t~O
MINUTES
Southold Town Board of Appeals
March 26, 1959
A regular meeting of the Southold Town Board of Appeals
was held on Thursday, March 26, 1959 at 7:30 P.M. at the Town
ClerkS s Office, Main Road, Southold, New York.
There were present: Messrs. Robert Bergen, Vice=Chairman,
Herbert Rosenberg, and Charles Gregonis, Jr.
Absent: Messrs. Robert W. Gillispie, Jr., and Serge Doyen,
Jr.
Also present: Mr. Howard M. Terry, Building Inspector.
(~% motion of Mr. Rosenberg, seconded by Mr. Gregonis, and
carried it was
RES~V~, that time and place be fixed for the following
public hearings to be held by the Board of Appeals of the Town
of Southold at the Town Clerk's Office, Main Road, Southold,
New York, on April 9t 1959:
Southold Town Board of Appeals -3-
March 26, 1959
Vice-Chairman opened the hearing by reading application and
legal notice of hearing with affidavit attesting to its publi-
cation in the official newspaper.
VICE-CHAIRMAN= Is there anyone present who wishes to speak
for this application?
MR. Rra~R B. RULAh~,~R., Sigsbee Road, Mattituck, New YorK=
I believe the application states everything, but I would be happy
to answer your questions.
VICE-~= Does anyone have any questions to ask Mr.
Ruland?
MR. RO~ENBERG= I have. Mr. Ruland, did you buy this property?
MR. RULAND= I have a contract. I have not bought it because
cf this application.
MR. RO~ENBERG: I am sure you are familiar with the Ordinance?
MR. RULAND: To a certain extent.
MR. RO~ENBERG= In the Ordinance, what you are asking to
do is forbidden in the 'A" zone. Under the law when the appli-
cant knows of this hardship when he purchased the property, you
cannot claim an undue hardship because he knew it was in the Ord=
inance, and unless you can ~nswer these three questions in the
affirmative, it is not possible for the Board to grant this
variance. There is nothing unique about it. You only have a
single situation. Because in the Ordinance under the section
you are asking for the variance, it is not permissable to do
that. That is my opinion, Mr. Ruland, not the opin~n of the
Board. In the Town Law, 267, Page 190, Note 9, this applicat~
must be denied. It states in part "where there were lots zoned
for residential use at the time the.person seeking the variance
bought, then such person is in no position to complain that
Zoning Ordinance created unnecessary hardship." This is beyond
the authority of the Board of Appeals because it would have to
be a change of zone. The Board of Appeals is not allowed to
change a zone.
MR. RULAND: I cannot see where I am classified as a business.
MR. R~NBERG: Under Article IV, Section 400, · Paragraph 13
of the Zoning Ordinance, the fDllowing are allowed. (Mr. Rosenbe~g
quoted Paragraph 13). That is permitted in a'B" district and
not in an #A" district. It is impossible for .the Board of Appeals
Southold Town Board of Appeals
March 26, 1959
to grant something in an "A" district that is not permitted in an
"A" district.
MR. RULAND: Even when there are these other things in
ne lghborh ood ?
MR. ROSENBERG: They are non-conforming uses. The idea of
a non-conforming use is it is felt that ultimately they will
disappear. Whether you advertise the business or not you are
considered a business. You could not conduct a sign manufact-
uring business in your cellar. The Board of Appeals is on your
side, Mr. Ruland, we represent the people.
MR. RULAND: I can't see how you can tell a fellow that
he cannot conduct a sign making business in his own cellar.
MR. ROSENBERG: In a "B" district you could do it. You are
not classified · in the Ordinance as a home business. Only the
various things that are mentioned are permitted. Your painting a
sign is no different than a steel iron sign maker, and that would
not be allowed. Where you are, or if you did it before the Ordin-
ance went into effect, you may continue it.
MR. RULAND: Then this appea~ was for nothing?
MR. ROSENBERG: I do not know about that.
MR. TERRY: The distinction would be between the handicraft
and the business.
MR. ROSENBERG: In the Ordinance it gives the names of all
that may be done. We are not allowed to do it.
VICE-_CHAIRMAN: We can't stop you from doing what you are
now doing at your present location.
MR. RULAND: I don't like to go into anything blind, I would
be wasting my time and money, that is why I made the application
before buying the property. I don't understand, if someone can
run a dancing and millinery business, how I could not conduct a
sign painting business.
MR. ROSENBE RG: We can do almost everything if it is within
the district.
MR. GREGONIS: How far away is the business district?
Southold Town Board of Appeals
-2-
March 26, 1959
7~30 P.M. (E.S.T.), upon application of S~anley W. Suffolk
Development, Inc., Montauk Highway, Shirley, L.I., New York, for
a variance in accordance with the Zoning ~dinance, Article III,
Section 304, for permission to reduce front yard set-back on
property of Horace Therien, Old Jule Lane, Mattituck, L.I., New
York, bounded north by Canal, east by Tu£fy, south by Old Jule
Lane and west by Zebroski.
8=00 P.M. (E.S.T.), upon application of Harold M. Teuber,
Main Street, Southold, L.I., New York, for a s~ecial exception
in accordance with the Zoning O~dinance, Article IV, Section 400,
Subsection 9, for permission to build and operate a gasoline
service station on premises located on the north side of Middle
Road, Route 27A, Southold, L.I., New York, and bounded north by
Ho Tuthill, east by D. Driscoll, south by Middle Roa~, Route 27A,
and west by C° Van Duzer.
8=15 P.M. (E.S.T.), upon application of Robert Lo Hyatt,
Ho R. Halsey, for a spec~l exception in accordance with the
Zoning (~din~nce, Article III, Section 306, for permission to
reduce front yard set-back on a corner lot. Lots 11, 10 and
1/2 of 9, eas~ side of aeydon Drive, Reydon Shore, Southold,
L.I., New York.
for
It was further RESO~V~, that legal notice is to be publish-
ed in the official newspaper on ~ate of April 3, 1959°
Vote cf the Board=AY~ Bergen, Mr. Rosenberg, and Mr.
Gregonis.
The minutes of the meeting held on March 13, 1959, on motion
of Mr. Gregonis, seconded by Mr. Rosenberg and carried, were
approved as submitted.
Minutes of the previous meeting of March 19, 1959 were read.
motion made by Mr. Rosenberg, seconded by Mr. Gregonis and
carrie~, the minutes of March 19 were approved°
~UBLICHEARING= 8=15 P.M., Appeal No. 143 - Application of
~~B. Ruland, Jr., Sigsbee Road, Mattituck, New York, for a
variance in accordance with the Zoning Qrdinance, Article III,
Section 300, Subsection 8, for permission to relocate handicraft
business with advertising sign. Location of property, bounded
south by Main Road, west by Howell, north by Ruland, and east
by Sidor. Fee paid 915.00.
Southold Town Board of Appeals
-5-
March 26, 1959
MR. RULAND= 1000 feet east of the school.
MR. TERRY= The business district is on the other side,
west of the school. .--- Mr. Ruland, approximately how many
signs do you turn out during the year.9
MR. RULAND= That would be a tough one to answer. You
know I am small, my operation is a small one. -- Well, I can
see you people dontt want money to come ir~o this town.
MR. ROSENBERG: We haven't anything to say about that.
MR. RULAND: Well, I guess that is that, I don*t get the
variance?
MR. ROSENBERG: We will take a vote of the Board after we
examine the file, read the minutes and take in~o consideration
everything that has been said tonight.
VICE-CHAIRMAN: Is there anyone else present who wishes to
speak for or against this application?
(No one wished to speak.)
Resolution offered by ,Mrs. ROsenberg, seconded by Mr. Gregonis,
Whereas the applicatio~ of~lf~ B. Ruland, Jr., having been con=
sidered at Public Hearing No. 143, on March 26, 1959, and the
Board finds that strict application of the Ordinance would not
produce undue hardship because app~cant knew provisions of the
~dinance before contemplating purchasing the property. The sit-
uation is not unique and the public convenience and welfare and
justice will not be served, and the legally established c~ permit-
ted use of neighborhood property and adjacent use districts will
be substantially or permanently in~ured and the spirit of the
~dinance would not be served.
The Board finds that applicant proposes to erect a residence
in an "A" district and conduct a well established sign painting
business thereon. This property has not been purchased and no
undue hardship would result inasmuch as he is aware of the
provisions of the ~dinance. There is no unique hardship as
this is a hardship co~-.-~.~on to all. The character of the district
would . . he changed inasmuch as business of this nature is
prohibited in this area.
Be it RES(~VED, that the application be denied.
Southold Town Board of Appeals
-6-
March 26, 1959
Vote of the Board: Ayes: Mr. Bergen, Mr. Rosenberg, and
Mr. Gregonis.
Mr,,and Mrs. Allan DeSylva appeared before the Board for
an informal discussion with reference ~ establishing a summer
camp in East Marion on their property during the months of
July and August. The Board advisedMr, and Mrs. DeSylva that
it would be permissable for them to take eight students, four
in each of their cottages, providing there is someone residing
and maintaining each of the cottages. If they decide after the
s~u,er is over that the plan works out well, and they wish to
take more students, it will be necessary for them to make an
application to the Town Board for a change of zone on part of
their land. Mr. and Mrs. De Sylva expressed their appreciation
to the Board for giving of their time and advice.
Meeting adjourned at 9:05 P.M.
Respectfully submitted,
Judith T. Boken
Secretary