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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