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HomeMy WebLinkAboutZBA-09/12/1957 Lr] z aut�iled �a� SOUTHOLD', L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman 14 I NUT E S Robert Bergen Herbert Rosenberg Southold-_Town,Board of 'Appeals Charles 'Gregonis, Jr. September 12, 1957 Serge Doyen, Jr. _... ._ ....... ......_,._ _... ._,.._...11, A regular meeting of the Board of Appeals was held in the Town, C1erkis office in S outhold,.. No .Y.,:.on Thursday. .$eptember, 12, 1957.. P�P_7_ .0 P.M. There were present: Mr. R. W. Gillispie, Jr., Chairman Mr. H. Rosenberg Mr. R. Bergen Absent;_Mr._Serge Doyen, Jr. Also present: Mr. Howard M. 'ferry, _P#l!#ng. Inspector -PUBhIC E'FARIN'G._ YAppea7 No. 22 . .Application of Andrew Wegener of 75 Bray Ave., Mattituck,_.N. Y., fora variance under ARTICLE III, Section 305 of the Zoning Ordinance, for addition of enclosed porch to existing house on lot on West Side of Brag Ayenue., Iattituck, N. Y.,, �.P._zone. Application for variance, letter to appellant advising of date of hearing and legal notices with affidavits from two official tovm newspapers were read by the Chairman. _ There being no one present to speak either for or against this appeal the board', after discussion and study, unanimously agreed to grant this_appeal. It was the determination of the board that the proposed addition would be in line with the character of the district and would observe the spirit of the ordinance as setbacks would conform to the ordinance and the hardship created is Unique. Hearing closed, PUBLIC HF ppeal No. 23 — Application of-,Frank S. Thorp, 120 Rocka�ray Ave.,. R ockville.-Center, N..Y.,_ for a variance Under ARTICLE III, Section 3' of the Zond,�ng Qrdinance. Lot: 92.8� on South Lane x 1001 on East Lane, Old Orchard, Gardiner t.s.Beq Estates, East _Marion.... N. Y. _Application for variance, letter to Mr. Thorp advising of dateof.hearing and legal notices with affidavits from two official town newspapers were all read by the- Chairman. Chairman: uls there anyone-present who wishes-to­speak sfor"' this appeal? r. Tho u M _ .._.g rp: , Lot is the same depth as lots adjacent to it and is a little wider. Lot is larger than practically eve thin in that development and as the roads have been established and there is no adjoining land available I an Unable 2 Southold Town Board of Appeals September 12, 1957 to increase the size of.lot.!'.-. Chairman._:_-"Anyone present who wishes to speak ��againstn this appeal?" Board unanimously agreed to grant this appeal on this corner lot which was held in single and-- separate ownership before the enactment of the Zoning Ordinance. Hearing closed. PUBLIC HEARING: Continuation of hearing held .on An st 22,_"1957, . in connection with Appeal No. 16 of Leonard Gilman, M.D. of 12 Mountain Avenue, Montclair, N. J. Hearing was recessed in- order to give adjoining property owners an opportunity, if they so desired, to purchase the lot in question, hot PTo. 14 on tracing of map of F1 Laughing Waterst', Section 1, Southold, N. Y. This delay was agreed to by Mr. A. Reilly-of- A.- Reilly 4 Sons,__Inc.,- builders,,.,who had presented, appeal._- There being no one present '"to speak either, for or against this appeal, Board unanimously_agreed to grant„the appeal. It was the determination of the Board that it would not be proper for the Board .of Appeals to. deny the -right-to baild. on an undersized =single of held in s3ng1E and separ ate _ovmership_ at_ the date of_the passage of the Zoning Ordinancee The unusual protest that developed in connection with this appeal seemed to be largely based on misinformation as to the proper functioning,of_-the„Zoning Ordinance. Hearing closed. Minutes of the September 5th meeting were read. On motion made by Mr. Bergen, seconded by Mr. Rosenberg,_ and carried, _minutes were approved. NG PUBLIC BEARING: eat No, 24- Application of Ursula Sledzi� Appeal eski_of Greenport, N.Y., and Dr. Lawrence_ T. Waltz for a._variance to the Zoning Ordinance under ARTICLE VIII,' Section 801-A", paragraph B. Property located on north side of Main V1- Road (Route. 25) in easterly part_of pillage of Southold, X. Y. _ A pp13.cat ion, notice to applicants attorney advising of date of public hearing and legal notices with affidavits from two official town newspapers were read by the Chairman. Chairman; _ni would like to__explain to all present that time will _be_permitted for all.-those--wishing to speak for or against this appeal., with rebuttal, but that no cross examination shall be allowed. Is there anyone present who wishes to speak for this a7ppeal?11 - - Mr. Henry Tasker: "I wish to make a preliminary statement to the Board. You have already met Dr. Waitz and Mrs. Waitz and you are aware that Ursula Sledzieski is the owner of the land and_has contracted to sell the property to Dr. & Mrs. Waitz, who propose to run a clinic fhr the practice of veterinary medicine. The actual presentation and denial of a permit by the Building Inspector will be explained by Mr. Robert Tasker.11 Mr. Robert Tasker: "Mr, Chairman and Members of the Board. I would first like to outline,.the character of the' property which is the subject of this appeal. The property ii fronting on Route 25 just east of•the Village of Southold, _frontage in excess of 2501 with depth in excess of 7001, bounded on the north by Long Island Railroad right-of:way, on the. east„by aright-af-way- and on the west by a right-of-- way. Along both east and west boundaries the right-of-ways cross the railroad tracks. On the westerly right-of-way there is a farm way in the back and the only Southold T own Board of Appeals September 12, 1957 MI11(7TES, Continued means of access to the farm is through the right-of-7—vW I.think one of the.. conditions .upon,_which the board can,grant,.a-variance is a hardship. and this would show that_this_is a.-unique,_hardship on.this exi sting. property. It is only 121 from the house so. that you have trucks and tractors passing 121 from the house. Another sitvation. is _the terrain. - About 10,1. from the rear of the dwelling the property,slopes off.and between there,_ right_up to the railroad tracks, is a deep gullet'. For Iall practical purposes the property cannot be used any farther back than 12 to, 15 feet back of the dwelling."._ Mr. Rosenberg "For how. _many--yearshas,_this.,been used as_a_ residence?11 Mr. R. Tasker: "The house has always been used as a residence. Prior to 1941 it was owned by Mr. Charles Sanford who used the premises for the storage and head- quarters for his construction business. Ee.-stored_ trucks, etc. on the,_premises. " Mr. _it._Tasker: "First we should address ourselves to Section 300 of the Ordinance, „sub--division 8. It is our position_-that, the proposed use of the premises will be similar to the uses permitted in "Alt Residential zone. The veterinary - . _ - - - practice is similar to.a doctor. The ordinance says - provided that the occupation is carried on in a dwelling or an accessory building thereto. That is exactly what Dr. Waitz proposes to do. We therefore think that the Building Inspector was erroneous in his denial of the application for a permit. If the Board should think that the ordinance, as it now reads, _does not permit that particular type of use we think we have all the facts necessary for this Board to grant a variance. The premises have been unoccupied since 1951 and have been for sale for the last three years. The premises would not yield a return to the owner if used strictly for residential purposes. " Chairman: "We are not permitted to consider financial hardship as an ." element in grant ing avariance - Mr. R. Tasker: "The unique and other hardship is the character of the property. The property slopesfrom the south of the dwelling and if you had..a clinic in the rear of the. houseyouu yould_be faced with the situation of the runs of the clinic. The runs would have to be placed on piers off the ground. Immediately..to the west of the house there is a _.deep ropen well so you would have difficulty, adding to ,the. west, of the house.- If you_attempted_ to movethe barn you would_ run into difficulties as it is .on a brick foundation and floor area is cement. I have already mentioned the right-of-ways which cut; across the property and I think we have a unique situa- tion here. " Dr. Waitz: "I we wereg$ itted to put up a new building I would prefer to put up a small building and have it some distance away from the house. We would use the dwelling as our residence. " Mr. R. Tasker: _"As to what effect the use -of this property as a clinic and office for the practice of veterinary medicine would have on the neighborhood I would,like s to ay the_property to the west_ and the rear are used for agricultural purposes. so_that. the use of these_premises for the_proposed use will .not alter the character of.the neighborhood. I also have, and would like to "file with the Board, consent,of owners of lots immediately adjacent to property in question, for the proposed use. Chairman: "What would be the approximate diameter of this circle?1° Mr'.- R.' Tamer: "To the West, South and Borth at least 1,000 ft. and to the East 16.0 ft. Southold Town Board of Appeals September 12, 1957 MIN MS, .Continued At this time Dr: Waitz will address the Board. He has some photographs I believe of his. proposed construction.,�� Dr. Waltz: "I am not._in•,a position to addressyyou gentlemen.,but. would like to answer any..questions .you migh_t.,have. I have been practicing since 1932 and have been very. busy the last 27 years. I am willing. an capable of working but want - - - _ to work at a slower rate. If we were able to use this property I think it,would contribute to the commnnity„as I..have been told,by many that- there„is a.need for a,man- herein this profession. -I feel that we have sufficient land and it could not in -any uray_ be a_annoyance to anyone. T. have pictures here of a building, used at the present time fora real estate office in East Norwich, similar to the building I had planned to put_up._.. Building, would .be about-the-same size and nature.0 Chairman: GIs there anyone else who wishes to speak for this appeal?" Anyone wishing to speak against the appeal? There may be some questions the board would like to ask. Perhaps Dr. Waitz you could explain the definition of a.kennel run as compared to an exercise run." Dr.._Waitz:. _ 11In. the old type of boardin kennel-you had runs attached to the building where the clogs could run in and out"-at' will during the .day. We now have runs where a dog is permitted out two or three times a day for a short period. It is not practical to keep sick dogs outside and even boarding dogs are better off inside." Chairman: HI believe that the new theory is that you keep a dog under controlled conditions. Noise is probably the outstanding source of difficiil- ty in connection with dogs._ ...- Dr. Waitz: "After 27 years of practice I still do not like to.hear noisy 4 gs.11 Further.discussion was held between Dr. & Mrs. Waitz, their Counsel and Members of the_Board... "Summation: Mr. Henry Tasker maintains that the Or,in Sub-division 8 of Section 300_-permits the use of an accessory building to be erected as the main place,, of business_ of the applicant, _while_Mr. osenberg maintains that the defini- tion_ of an accessory builcing, as outlined- in the Ordinance and based_on, legal interpretations in the_,past,_ would prevent, the erection" of.a separate_building to house the facilities required by a veterinary practice. It is Mr. Bosenbergts - -'-- ' - contention that the zoning laws in general and our ordinance in particular should be interpreted to mean that a veterinarian may conduct his profession mainly from_. _ his home and that the requirement for additional space of such a profession mast be incidental to the main use of the residence_for_a profession of this character. Chairman: 1g4r._ Gregonis and Mr.' Bergen would be in favor_ of granting this variance but as Mr. Rosenberg is of a different opinion I am sure we would not want . .... .... .. . . to overrule him. Mr. Tasker.. has asked if they v.ould have until next Wednesday to submit a memorandum of law and Mr. Rosenberg will also' submit some facts. Decision on this appeal will•be given on Thursday, September 19, 1957." . Hearing closed. PUBLIC HEARING: Appeal..No. .,25_.-_Application of Raymond T. and Ella M.-Graham, Pine Tree Road, Cutchogue, N. Y. for variance under ARTICLE III, Section 303 of the Zoning Ordinance. Lot 222.721 south west .corner Horton Road & Pine Tree Road, Map of Nassau Farms, Peconic, N. Y. f Southold Town Board of Appeals September 12, 1957 MINUTES, .Continued. w..____-.... _.... . ... ....... . Application, letter to Mr. Graham advising date of hearing and legal notices from two official town newspapers, together with affidavits, were read by the Chairman.., __ . _ _•- _. _._ _ . Chairman: _ "Is there anyone_present. who wishes to speak for this appeal?" Mr. Graham: "There are two cottages on this lot. at present which have been., there for some time.., We propose to sell -the one house on Horton Road and ask a variance-on,the lot 75' frontage on Horton Road x 1001 in depth. We intend to divide the lot in two parcels, one with 751 frontage and the other 147,72, x 100, in depth.n -- •-- _-- _ _.P _.. Chairman: nIs there anyone present who wishes .to speak against this appeal?n It_ was the determination of the Board that the strict. application_of the Ordinance would produce undue and unique_.hardship as_the two existing houses on lot were there before the Ordinance went- into effect and as the variance does observe the spirit of the Ordinance Board unanimously agreed to grant this appeal. Hearing closed. PUBLIC HEARING: Appeal No. 26 - Application_ Howard P. Barnes, 48 Bay. iew Ave., - - Lynbrook, N. Y. for variance under ARTICLE; III, Section 303, of the Zoning Ordinance. Lots 35, 36. and_37,--Amended Map- A-1124 'rPeconic Bay_ Estatesti, Greenport,__N•.Y. Application, letter to appellant advising of date of hearing and legal notices with affidavits from two official town newspapers_ were read by the Chairman. There being no_one present wishing. to„speak either for or against this appeal. Board studied application in which owner requests variance to divide the three lots into two, making each of the lots 751 frontage. Board agreed unanimously to grant this appeal. Hearing closed.. Board then discussed the matter of a bu et to be submitted to the Town - _ dg-- Supervisor for the coming fiscal year. After careful consideration it .was estimated that the expenses of the Board of Appeals would be as follows: Secretarial assistance $ 966.66 Stationery, aauZ Form printing _ 300.00 Filing._Cabinet . Law of Zoning by James_Metzenbaum 56.00 Subscription to the Zoning_Bul].etin 10.00 Advertising_of_ legal notices 1,500.00 Travel, Expenses, divided as. follows:._ 1. Estimated .expense for two members of the board attendance at Association of Towns meeting in New York in_February _._ - $250.00 2. Estimated„.expense Mr._, Doyen, board member from Fishers Island,. for attendanee at board me6tings.in Southold, N. Y. 150.00 3. Estimated travel expense of board to Fishers Island. 12 .00 525,00 Carried Forward $ 3,36o.o0 Southold Town Board of Appeals September 12, 1957 linutess, Continued _. Brought Forward $ 3,360.00 Reimbursement to Board of_Appeals; $600.00 of which is remuneration 'tofthe Chairman and the balance representing $500.00 to each of the other members of the Board. 2,,600.00 TOTAL ESTIMATED EXPENSE $ 5,960.00 TOTAL ESTIMATED INCOME * FROM APPEAL, .APPLICATIONS 1,.500.00 ESTIMATED-NET_EXP_CNSE OF TEE _BOARD .._ $_4,46000 Figure of help- -was det ermined_by combining, the expense of the last three months of operation. Estimated expense of advertising _ _ - of legal notices is based on estimated number of appeals to be filed with the Board of Appeals' ' Estimated Acome was arrived at by estimating number of appeals,,--at $15.90 per appeal, for the entire year. Meeting adjourned at 11540 P.M. Respectfully submitted, Grace B. 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