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HomeMy WebLinkAboutZBA-03/26/1959 a v - �, T Sou0th ' Id Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 APPEAL.BOARD MEMBERS Robert W. Gillis pie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis,Jr. Serge Doyen;Jr. M I N U T E S Southold Town Board of Appeals March 264 1959 A regular meeting of the Southold­Town Board of Appeals was held- on Thursday, March 26,. 1959 at, 7:30 P.M. at the Town Clerk'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, Also present: Mr. Howard M. Terry:, Building Inspector. on motion of Mr. Rosenberg, seconded by Mr. Gregonis, and carried it was RESOLVED, ' 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 Roadr, Southold, New .Yorkr on _April 9, 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. ELMER B. -RULAND, JR.j, Sigsbee 'Road, "Mattituck, New YorK: I believe the 'application -states everything, but I would be- happy to answer your questions. VICE-CHAIRSAN: Does anyone have any questions to ask Mr. Ruland? MR. R©SENBERG: I have. Mr. Ruland, did you buy this property? MR. RULAND: I-have a contract. I have not bought it because of this application. MR. ROSENBERG: I am sure you are familiar with the Ordinance? MR. RULAND: To a certain extent. MR 'RF2SENBERG: 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-- finance, and unless you can answer 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 opinio n'of the Board. In Ithe Town Law, 267,. Page 190, Note 9, this applicatim 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. ROSENBERG: Under Article We Section 400, 'Z Paragraph 13 - of the. Zoning. Ordinance, the fio llowing are allowed. -, .(Mr. Rosenberg 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 the neighborhood? 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 a 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 appeal 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 7:40 P.M. (E.S.T.) s upon application of Shanley W. Suffolk Development," Inc.,. .Montauk Highways, Shirley, "L.I., `New York,. for a variance .in.accordance with the Zoning Ordinance,,...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- Tuffy, 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 .special exception` in accordance .with the• Zoning. Ordinance,. 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 H. Tuthill:, east by D. Driscoll., south by Middle Road, Route 27A, and. west by C. Van Duzer. 8:15''P.M. (E.S.T.) , "upon application of Robert L. Hyatt, for H. R. Halseys for a" specja 1 exception in accordance with the' Zoning Ordinance, Article III, Section 306, for permission to reduce front yard set-back-on -a:.;corner lot. Lots" 11,, 10 and 1/2 of 9,, eas6'side of Reydon Drive,, Reydon Shore, Southold, L.I., New York. - It was further RESOLVED, that legal notice is to 'be publish- ed in •the official newspaper on date of April 3,. 1959. Vote of the Board:Ay :O �1r Bergen, Mr. Rosenberg, and Mr. Gregonis. The minutes of the meeting held on March 11,; 1959s 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. Qn motion made by Mr. Rosenberg,, seconded by Mr. Gregonis and carried,, the minutes of March 19 were approved. -PUBLIC HEARINGi 8:15 P.M., Appeal No. 143 Application of WJlmd B. Ruland, Jr.�, Sigsbee Road,, Mattituck, New.' York, for a variance in- accor•dance with the Zoning Ordinances.. Article III, Section 300, , Subsection 81 for 'permission to- relocate handicraft business with advertising sign. Location of property, bounded south by Main Roads west by Howells north by Rulands and east by Sidor. Fee .paid $15.00. 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!?. MR. -RULAND: That would be a' tough one to answer You 'know I .am 'smalle my operation is a small one. -- Well, I can see you people don't want money to come into 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 into. 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 Mx, - Rosenberg, seconded by Mr. Gregonis, Whereas the application of W B. Ruland, Jr., having-been con= sidered at Public Hearing No. 143,,- on March 26, 195%p and the Board finds: that strict application of the Ordinance would not produce undue hardship because app3k:ant knew provisions of the ordinance before contemplating purchasing the property. The sit- uation is not unique and the public convenience and welfare and justice will not7be served, and the legally established or permit- ted use of neighborhood property and adjacent use districts will be substantially or permanently intured and the spirit of the Ordinance 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 ordinance. There is no unique hardship as this is a hardship common to all. The character of the district . would �`-• be changed inasmuch as business of this nature is prohibited in this area. Be it RESOLVED, 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 to establishing a summer camp in East Marion on their- property during the months of July and August.- ' The Board advised Mr. and Mrs'. DeSylva that it would be .permissable for them to take eight students, four in each of they cottages, providing there is someone residing and maintaining each of the cottages. If they decide after the summer 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 Q ' Board Cha�C'm � . .. ._ � - .,� .. � ._ ._ _.. _... .. �. ... _� 1. ... ._ _..� .� ._ . .._ .J .. ... .... � .rl .. _ _ ^ Jam. .. ._ � � .. _ �1...� ) .� 1 - _ .._ .._.J �_ _. .. _ .. ...J_. .. ... _. � ... ... _ _.� . ..� ._%. ��. .� _. _. __ ...i � .. .. .. _._.__ _.1.._ 1 ... � i _. :.�_. . r'- i.. .. .. .. _ � i .'- .• J � n 1 ..a ..__ _.... ..ti � �. ... � ... e _. .. .. y. __._. .,... _ .. -. l _ _ � n � 1. _J_ .. -� .____�� _._. .. ..�. I �. c!����'C.�11�