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Home My WebLink AboutZBA-10/31/1957 En = aut�aed �auz 'a� � e�a S0UTH0LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman MINUTES Robert Bergen Herbert Rosenberg Southold Town Board of Appeals Charles Gregonis,_Jr. Serge Doyen, Jr. October 31, 1957 A regular meeting of the Southold Town. Board of Appeals was held at 7:30 P. M. on Thursday, October 31, 1957, in the Town Clerk's Office, Southold,N. Y. There were present: Mr. Robert W. Gillispie, Jr.., Chairman Mr. Robert Bergen Mr. Herbert Rosenberg Absent: Mr. Charles Gregonis, Jr. Mr. Serge Doyen, Jr. Also present: Mr. Howard M. Terry, Building Inspector Public Hearing: Appeal No. 34, application of Albert J. Masters, Peconic Bay Blvd., Mattituck, N. Y., for a variance to the Zoning Ordinance and for recognition �- of right of way under Article 280 A of the State Law. Lot 1021/351 x 801/75' on North West side of Peconic Bay Blvd., Mattituck, N. Y. Application for appeal, letter to Mr. Masters advising him of date of public hearing and legal notices with affidavits from two official town newspapers were read by the Chairman. Chairman: IfIs there anyone present who wishes to speak "for" this appeal?" Mr. Terry: "Technically speaking Mr. Masters could go ahead with the addition to his building without asking for permission. His business, which is non—conforming, was started prior to zoning. He is asking to add six and a half feet to his building. I think his request is entirely reasonable and would not change anything now existing in the neighborhood.11 Chairman: "Is there anyone else who wishes to speak 11F6r11 this appeal?" Mrs. John J. McDermott: °I am not a resident here and I would like to ask who Mr. Terry is?I! Chairman: 1114r.. Terry is the Building Inspector for the Town of Southold. Is there anyone else who wishes to speak?" 2 BOARD OF APPEALS Octol 31, 1957 MINUTES, Continued Mr. Walter Williams, Peconic Bay Blvd., Mattituck, N. Y. : "I have serviced my car here at AlIs many times. He does need the room. I would vote for it." Mr. John J. McDermott: "Mr. Masters owns property. on the right of way and since the intent was to enlarge the building I was wondering if there would be lighting or advertising on a larger building. " Chairman: ."Do you mean that you axe wondering if Zoning covered lighting?" Mr. McDermott: "I was wondering about floodlights or anything of that sort. You could put in a billboard and light it at night to attract attention. " Chairman: "Mr. Masters do you own any property on Peconic Bay Blvd?" Mr. Masters: Mo. Just the lot on the right of way about 5001 back from Peconic Bay Blvd." Mr. McDermott: "I. guess .I haventt made myself clear. I was thinking possibly a sign could be put .on the top. of the garage in the nature of advertising." Chairman: 11-A sign 61 x 101 would be permitted.B Mrs. McDermott: "For someone not here is there any way of putting something on the record as a statement?" Chairman: "I will read the statements Mrs. McDermott has just presented and they will become part of the record. " Chairman then read the following: "I, Angelica S. Stack, a taxpayer of Southold., authorize my daughter to speak for me on this matter before the County Clerk, Town of Southold, to be heard at 7:30 P.M. on October 31, 1957 concerning a petition of Al Masters. I hereby state that I am unalterably opposed to granting to Al Masters any variance in the existing zoning so as to change the residential nature of this surrounding community. Such a variance would decidedly depreciate the values of the properties there and would, in addition, deprive all residences of their pleasant, quiet and peaceful atmosphere. Furthermore, a public road in this particular vicinity would consider— ably increase the safety hazard which already exists by virtue of the fact that while this right of way was granted only for the use of the owners of adjoining plots, it has been constantly violated by Al Masters who set up a business in what was a residential neighborhood. Particularly during the Summer this right of way is used by many children, and on these grounds — their safety — I hereby state opposition to any variance to the existing zoning or right of way arrangements. ' (Signed) Angelica S. Stack." "I, Dan J. Stack, Jr., owner of house and lot immediately west of Walter Williams and facing on Peconic Bay Boulevard, state that I am opposed to granting any variance to the existing zoning to Al Masters that would change the residential nature of this community. I feel such a variance would greatly depreciate the value of my property. (Sign.ed) Dan J. Stack, Jr., 766 Westchester Road; Grosse Point Park, Michigan. " Mrs. McDermott: "I would also like to know insofar 'as the right of way is concerned where you could go to find out if it is being used as it should be." 3 BOARD 01' APPEALS Oct ob— 31, 1957 MINUrI S, Continued Mr. Terry: "Your ..attorney could explain the right of way in the deed." Mr. McDermott: "In the event thet Al decided to sell his business would that same privilege be granted to the new owner?" Chairman; -?Yes.I Mr. McDermott: "Al has a repair business and he has a variance on his non- conforming use. Is that specified as a repair business?" Chairman: "At the present time we are trying to prepare a list of non-conforming businesses and we will have them registered. " Mrs. McDermott: "When does that ever revert back to purely residential? After two years of a discontinued business? You could sell in the interim. " Chairman: "The non-conforming business could be a repair business or changed to a use of the same or higher classification." Mr. Raymond T. Wood: "It has not been cleared up. You say he did not need the variance to enlarge his garage. Then if he did not need the variance why is he asking for it. No one is trying to hurt him, they are trying to protect what they have. We did not want any signs or any business brought in there. You say it isn't going to change .the neighborhood, but what about the road?" Chairman; "Since Mr. Masters has been in the repair business before the enactment of the Zoning Ordinance it was not necessary for him to apply for a variance to nLake this smell expansion in his business because he had already made a start toward expanding the business by pouring the concrete apron before the enactment of the Ordinance. We have had an opinion on this subject from our Counsel which I would like Mr. Terry to read to you at this time." Mr. Terry then read the opinion. This opinion, in part, emphasizes the right of the owner of a non-conforming business to expand such a business within reasonable limits. Chairman: "Are there any other questions. 1+ Mr. Williams: "I have a statement here, witnessed by Mrs. Willisam and myself, which I would like to read and perhaps have made part of the record. Statement: "My only aim in relation to the article in the paper concerning my building is to add only 6-1/2 feet onto the front of my present garage for the reason only that the present garage as such is too small to accommodate the greater length and width of a single car today. With the new addition referred to above I would like to add a 14 foot door on the south side of my garage. (Signed) Albert J. 'Masters. " Two petitions, one against changing the right of way to a public road and the other opposing .the application for a variance were presented to the Chairman. It was the unanimous decision of the Board to grant this appeal as it was the reasoning of the Board that undue hardship was evidence by the present garage being too small to house modern automobiles being repaired, the hardship created is unique as this is a non-conforming use in a residential area and the variance granted does observe the spirit of the Ordinance and would not change the character of the district because it permits a small reasonable expansion of a building 4 BOARD OF APPEALS Octobc. 31, 1957 MINUTES, Continued for a non—conforming use, which use of building an premises pre—dated the passage of the Ordinance. In granting this variance recognition of the present right of way is made in accordance with Section 280—A of the State Law. Minutes of the October 24th meeting were read. On motion made by Mr. Bergen, seconded by Mr. Rosenberg, and carried, Minutes were approved. The next meeting will be held on November 14th at 7:30 P.M. in the Town Clerkts Office, Southold, N. Y. Meeting adjourned at 10:25 P.M. Respectfully submitted, Grace B. Meyer Secretary `a C __ i � 1 • • • f ♦ � � �� - �-�- '-; ��