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HomeMy WebLinkAbout1260 TO%VN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal NO. 1260 Dated 5/28/69 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Barbara Dwight Schriever Main Road at a meeting of the Zoning Board of Appeals on 6/12/69 Was considered and fhe action indicated below was taken on you~ ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zon/ng Ordinance (X) Request for a variance to the Zoning Ordinance ( ) DATE ....5/29Z69. Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it~%vas detemined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance. and the decision of %he Building Inspector ( ) be reversed ( ) be confirmed because 8:00 P.M. (E.D.S.T.), upon application of Barbara Dwight Schriever, Main Road, Orient, New York, for a variance in accordance with the, Zoning Ordinance, A~ticle IITe Section 300, for permission to use existing building for storage and repair of contractor~ machinery & equlpment, e~¢c Location of property: west side Tabor Road, Orient, New York,, bounded north by cemetery, east by Tabor Road, south by Thomas Estate, west by W. Tabor & others. 2. VARIANCE. By resolution of the Board it was d~etermined that (a) 'Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (~vould not) be shared by all properties alike in the immediate, vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 APPROVED / Chairman~BDard o~ Apo~'ls ZONING BOARD OF APPEALS Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the applicant requests permission to use existing building, for storage and repair of contractors machinery & equipment, etc. The Board finds there is no adequate business property available in Orient to establish the type of business the applicant is engaged in, which is road construction, excavating, and some bulkheading. The application is unique in view of the lack of adequate business property available. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would net be shared by all properties alike in the /mmediate vicinity of this property and in the same use district; and the variance will observe the character of the district and will not change the charact~r.o~ ~hD )di~t~ict. Therefore, it was RES~%~VED Barb~ra, DWight Schr!eve~, Main Road, Orient, New Y~rk, be granted permission to use existing building for, storage and repair of contractors machinery&~equ~pment, etc. as applie~ for on property lo~ated west side Tabor Road,, Orient, New York, subject to the. following condi~ions: 1. Planting or screening must be established along the westerly boundary of the property. 2. There shall be a limit for the amount of screen sand, gravel and top soil to be stored on the property. There shall be no more than 50 tons each of screen sand, gravel, and top soil. wet I~ prAv~l~ ford. ES, GR~ENPORT, N. Y.,, F R)'- '~Y, J'UN~ 6, 1969 LEGAL NOTICE .Manor Grove Corp., west by Ren- Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of Southold, Suffolk County, ~lew York, ~public hearings will be held by the Zoning Board of ~'ppenls of the Town of South- old, at the Town .Office, Main Road, Southold, iXlew York, on June 12, 1969 on the £ollowing appeals: 7:30 P.M. (E~D.S.T.), upon appli- cation of Fishers Island Utility Co., Inc., Fishers Islandi New York, for a variance in accordance with the Zoning Ordinance, Article III B, S~ction 1008, for permission to cre- ate 6th apaxtmen~ in a non-con- forming rr~ultiple residence build- ir~. Location of property: north side of Whistler Avenue, Building ~To. 36, Fort ~I. G. Wright Map, FiShers Island, Hew York bounded north by private road, south by Whistler Avenue. 7:40 P.M. (E.D.S.T.), upon appli- cation of H. W. ~chwindt, Paradise Shores Road, Southold, ~New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section! 1000A, for permission to set off lot with insufficient fror~tage. Location of property: paradise Shores Road, Southold, New York, bounded north by other land of applicant, east.by Reydon Shores subdivision, I sou~h by ,H. Mar~in, west by private road. 750 P.M. (ED;S.T.), upon appli- cation of Edward Hallahan, Roate Box 206, Nangles Drive, Mattituck, New York, for a special exception m accordance with the Zoning d~nar~e, A~I~ IH, Sec%ton 360, Subsection 10, for per--ion erect a~ off premises ctirectingml sign. Location of ,property: land of E.C. SulLivan, south side Of Cox ~Teck Road - MiU Road, Mattituck, ~Tew York, bounded north by West Mill Road, east by Versal Holding Corp., ,south by~M. Vota, west by Cox Neck 8;08 P~I. (~D~S.T.), ~ appli-. cation of Barbara Dwight Schriever Main Road~ O~iant, ~lew york~ for a vari~m.e i~ acc~dance with the Zoning OrcU-~,~e, Article III, Sec-~ ~ 39~ for ~ermL~qon to use ex- i~t~ ib~ildLa~ f~ storage and re- pair o~ coat~a~tora mackinery & egui~ment etc.. Locatio~ of prop- erty; west s~le of Tabor Roac~ Ori- ent, l~ew Y~k,, ~a~nded north eem- etery,: east~ by Tabor Road, s~u~h by Thomas Estate,, we~-t by W. Tabor 8:30 P.M. (E.~LT.), ttpon ap'pli- cation o~ Mateo Lettunich, Bay I-Iame Road,, ScRathoM,. ~!ew York, for variance La acc~clance with the Zoning .Ordinance,, Article III, Sec- tion 300, ~ubsecl~m 6, for 'permis- sion to replace existing accessory building iz~ fror~ yard area. Loca- tion of property: east side of Bay Home R~ad. Southold, New York, bounded north by right-o-way, east by Esther Glendenning, south by Peconic Bay, west by Bay Home Road. 8:~5 P.M. (E.D.S.T.), upon appli- Front Street, Greenport, New York £ot a s~ecial e~xgeption in ~cc~_{d-~ with the Zoning Ordinance, ~1~ IH, Section 300, Subsection 10, for permission to erect an off premises i~trectional sign. Location of prOp- erty: l~nd of Julia Stokes and MrS. 'D. Avent, north side Main Hoad, Laurel, New Yo~k, bounded north by Camp M~lloy, east by Camp Malloy, south by Main Road, west b_v Towr. PropertY. Any person desiring to be heard on the above applications ,should appear at the thne and place above I)A'I~ED: ~MAY 29, 1969, BY ORDEH OF TS ESOUTI~OLD TOWN BOAR~ OF APPEALS ltJu6 ~ ss: J ~ ~.~c~..~. .... being duly Sworn, Lnter and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexe4 is a printed copy, has been published in the said Suffolk Weekly Times once in each week~ for ........ .~:~.~.~. ~ ............. week~ successively commencing on the ../.~.~.c.y..~. ............. d'.:~/' ,of ..... ~.~ .~..~.- ......... 194-, [. ........... Sworn to before me this . .~...~.~ .... day of ..... ; .,c~_ ...... 19.~.. I CORNJ. IA C. KEOGH/ ~/ NOTAI~y PUbLiC, Slate of New York No. 522093393 in accordance ~vitl~ the Zoning Or- dinance, Article IV, Section 408, SUbsection (a), for pernlissioIt to erect an off ~remiaes directional sign. .Location of preg)erty: land of Julia Wickh~am, north side of Mabx Road,. Greenpart, ,New York, bound- ed north by Catherine Cassidy, east by Albertson I.,ane, south hy Main Road. west by Catherine Cassidy. 9'.00 p~I. (E.D.S.T.), upon appli- cation o£ Jack Lovin, North Raad, Greenport, l~lew York, for a s~ecial exception in accordance with the Zoning Ordinance, Article IV, Sec- tion 408a, for permission to erect an off premises directional sign. Location of property: land of Cia- cia ~tate, Chapel Lane and Main Road, Greenpert, New York, bound- ed north by Jack Levin, east by Chapel Lane, sout~ by Main Road, west by L. I. Lighting Co. Ho. 2 - for. a special excerption in accordance with the Zoning Or- dinance, Article IV, Section 408a, for permission to erect an off prem- ises directional sign. Location of property: land of Edith Cochran, Main Road and Boisseau Avenue, Southold~ New york, bounded north by C. E. Cochran, east by Alex Komskis, south by Main R_oad, west by Boisseau Avenue. 9:30 P.M. (E.D.S.T.), upon appli- cation of Jack Levin, North Road, Greenpert, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Sec- tion 300, ~Subsection 5 (c), for per- nission to establish and maintain a golf course, tennis courts, and off-street parking for same.' Loca- tion of ,property: sout~h side of North Road, Greenport, New York, bounded north ,by North Road CR27), east by R. Doucett, M. De- santis, & Chapel Lane, south by Ciacia Estate, L. I. Lighting Co., & Southold Town Board of App MAIN RI:lAD ~TATE RI'lAD 25 513LITHI3LD, L.I., N,Y. TELEPHONE (516) 765-18~. ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3576 Application Dated November 3, ]986 TO: Charles R. Cuddy, Esq. as-Attorney for MRS. BARBARA D. SCHRIEVER 108 East Main Street, Box 279 Riverhead, NY 11901 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on NOvember 20,' 1986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New Yo~k Town Law, Section 280-a [ ] [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article , Section [X] Request for Withdrawal of Appeal No. 3393 Application of BARBARA D. SCHRIEVER to wi~'hdraw-Variance condi- tionally approved under Appeal No. 3393 on September 26, 1985, and to reinstate in full the 1969 Variance conditionally approved under Appeal No. 1260, permitting_the use of a 5,600~sq. ft. existing building for storage and repair of contractor's machinery and equip- ment. Location of Property: West Side of Tabor Road, Orient, County Tax Map District 1000, Section 18,. Block 05, Lot 12. "B-Light" Business Zoning District WHEREAS, a public hearing was held and concluded on Novem- ber 20, 1986 in the Matter of the Application of BARBARA D. SCHRIEVER under Appeal No. 3576; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surround.ing areas; and - WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a withdrawal of the conditional variance rendered by this Board under Appeal No. 3393 on September 26, 1985, in which woodworking and metal shop and artist studio, without residential use, was permitted, and automatically terminating the 1969 conditional variance rendered under Appeal No. 1260 upon a transfer or conveyance of the subject premises, or occupancy of the proposed wood- working/metal shop and artist studio uses. 2. The premises in question is situate along the west side of Tabor Road commencing at a point approximately 115 feet south of the Main Road (State Route..-25) containing an area of .528 (CONTINUED ON PAGES TWO AND THREE) DATED: November 20, 1986. Fo~ ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3576 Matter of BARBARA D. SCHRIEVER Decision Rendered November 20, 1986 acreage, lot width [frontage] along Tabor Road of 123 feet, and average lot depth of 187.24 feet. Properties to the north and west of this parcel are zoned "A-Residential and Agricultural"; property adjoining this parcel along the south property line is also zoned "B-Light" Business. Properties along the east side of Tabor Road are zoned "A-Residential and Agricultural." 3. The building as exists contains an area of 6,903 sq. ft. on the first floor and an area of 1,500± sq. ft. on the second floor. The subject building is shown on survey as amended August 27, 1985 prepared by Roderick VanTuyl~ P.C. to be set back 22 feet from the front (east) property line along Tabor Road [at its closest point], 15 feet from the south property line along property now or formerly of William Schriever, and 19 feet from the north side property line. Town records show that the setback of the entire structure as exists is 50 feet from the rear (west) property line along land now or formerly of Tabor. 4. The variance conditionally approved June 12, 1969 under Appeal No. 1260 permitted the use of a 5,600 sq. ft. existing building for storage and repair of contractor's machinery and equipment. The 5,600 sq. ft. building (without addition) is more particularly shown on survey amended August 27, 1985 prepared by VanTuyl & Son (submitted with this application). Subsequent to the 1969 variance, the subject premises was rezoned by the Southold Town Board from "A-Residential and Agricultural" to "B-Light" Business. Under the "B-Light" Busi- ness zoning regulations, such _use is not a permitted use. 5. The variance conditionally approved September 26, 1985 under Appeal No. 3393 permitted the use of the entire 6,903± sq. ft. first floor area for small-scale fabricating without heavy manufacturing of machinery or equipment, a mail-order business, office areas, and manufacture of parts for portable saw mills, in conjunction with an artist studio. This variance did not permit residential use and called for the immediate termination of the 1969 use variance upon a transfer or conveyance o~the property, or occupancy of the uses herein, whichever occurred first. Upon information and belief, there has been no transfer or conveyance of the subject premises. 6. It is the position of the applicant/property owner at this time to continue the use of the premises in accordance with the 1969 Variance under Appeal No. 1260, with or without a conveyance of the land, rather than allow same to be auto- matically terminated with a conveyance as stipulated by this Board's 198'5 decision (Appeal No. 3393). The subject premises was never occupied for those uses permitted under Appeal No. 3393. 7. It is the understanding of this Board that the use of the premises (as conditionally permitted in 1969) has not been discontinued and has .not lapsed. Since there has been no transfer or conveyance of the subject property, the use of the 5,600 sq. ft. building for storage and repair of contractor's machinery and equipment is still in full force and effect. This Board does not, however, recognize any other additional use, and hereby limits the property in question to the "storage and repair of contractor's machinery and equipment" and not in conjunction with any other use which may be compatible under the proposed or current zoning regulations (unless approval for such change or addition is obtained after formal application to this Board, or the 1969 use variance is withdrawn and terminated in its entirety). Page 3 - Appeal No. 3576 Matter of BARBARA D. SCHRIEVER Decision Rendered November 20, 1986 8. For the record, it is noted that the proposed Master Plan under review currently depicts the subject premises to be rezoned to "B" General Business, which lists under Article X, Section IO0-101(A), "Permitted Uses," at subsection [4] "...building...contractors' businesses or yards .... " Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to APPROVE the request under Appeal.No. 3576 in the Matter of the Application..of'BARBARA'D~'~.'SCHRIEVE~ withdrawing the variance~ condition.ally rendered under Appeal No. 3393 September 26, 1985, and reinstating the variance conditionally approved under Appeal Mo. 1260 June 12, 1969, to allow the sole use of the. subject 5,620 sq. ft. building for storage and repair of contractor's machinery and equipment. Vote of the Board' Ayes: Doyen, Douglass and Sawicki. adopted. Messrs. Goehringer, Grigonis, This resolution was duly lk Novembe_r 25, 1986~ I~OI~M ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL~--.RK'S OFFICE SOUTHOLD, N. Y. ~OTI~E OF BT~aI~GS oI~ ~o~ ~ty, New Y~ ~c h~s ~ ~ held by ~ ~tnff ~ of A~ of ~ ~ew Fork, ~t~mc~ N~ Y~k, for New Yo~, ~ · ~ ~t, ~. ~ of 8:~0 P. M. (EDST), upon s4~ pllce~ion of M~teo Lett.u~0~ Bay liome Ro~d, 8outhold, ~ York, for a ~riance ill accord1' Article III, Sect~n ~0. su~ee- R~d. Southold. New york bounded north by ri~ht-of-way ~ by Esther (~lelldennl~, south bi' Peconic I~F, west I] S:~ P. ~- (EDST). upon all of l~operty: south ~de of N~ ~ad, Or~, New ~ded no~h ~ N~ (~ 27), e~ by R, D~t, M. ~nt~, & C~I ~e, ~uth ~ ~ LONG IS~ND ~ o~ ~e ~ ~u~q, o public news- ~ ~oun~; and that ~: ~ ~, [~ ed copy, has been ~~ o~ -~-~ ~ottituck Wotch- 115 Front Street, Qreenport BOARD O1~ APPEAL5 ]' f / // week~ l~'ewin acc~danceYcrI~ for awltl~specialtheeXCeptiqZont~ Article 1TI, Secti~y ~00, Subsection 10, for perm~-)3~,~ ~u~ ~ ~o~u~ of ~I, ~ew Y~, ~ n~h I ..................... ~ .............. ~'%'~':?'~- Or.6'~n~:r.'.~. Article IV, Section ~ Su~'cUon (a), for perm,= sic~ to ereot an off p~emises directional alan. Lo~Uon of properl2y: ~ of Jul~ Wh~kham m)rth side of t,,r,,.tr, ~ Oreen- port, Hew York, houmied nc~h b~ Oatherine Oa~td~, Albe~son X~o.e. sov. t,h by Road. we~t by ,Oat, betlne Cassic17. a spec~l exception tn accord- e~ce with the Zonh~ Article IV, i~lton 408a, for per- mission to orsot im o~ premises Chapel ?~ne and Main Road Oreenport, New York, botmde~ Chapel Lane, south by R~d, we~ b,y L. Z. ~IshUng Oo. 4~lt, for pormi,~lrm to erect all ~' ~ directloual siS~ Lo- seau Avenue, Southold, New York, bounded north by O. Cochrau, 'east Iry .-',.lex .Bolsseau A'~. 9:~I, P..M. ~), upon plication of Jasic l.,evtn, North Rcm:l, Oree~lx~'t, New Y~rk, .for a special exceptkm m accord. ance with the Zonl~ ~ Artlole III, Section ~, ~uhsec- t~m § '(c), for permt~on to establish and maintsJn a ~olf 3rn to before me this ........................ day of Notar~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ,:,ATE 9 6 / TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number Municipality .... ~.e..~....~.?.~ ........ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS ~ROM THE DECISION OF THE BUILDING INSPECTOR ON za. ............ T ...................... ,' ......... WHERE~BY THE BOILDI~G INSPECTOR DENIED TO ' of Name of Applicant for permit .... ....................... .............. State Street and Number Municipality ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) permit to use existin~ building for storage & repair of contractors machinery & Equipment etc. 1. LOCATION OF THE PROPERTY ..~.g~..~.~..~.~.?...~.~..~.b..~`~.~.?~...~.....~.b'`.~?..t...l..2..~.~.~..e.~..~.9~...~ain Road Street Use District on Zoning Map "A" dist of Main P~oad~ Orient, New York lv~op No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section .ndg~,ara~raph of the Zoning Ordinance by number. Do not quote the Ordinance.) (X ( TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to tack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that the Schriever Construction Co.~ Inc.t would like to improve and use this building to store and repair its excavating machinery and trucks, its mai:ertals and repair parts~ its tools and other equipment. This is the only existinE suitable building available in Orient. No business property is now available in Orient on whioh to ~onstruct a suitable butldinE and this buildinE has no other eoonomio use at this ttme~ and will pro[~ably never have Foar~ further economic use as a ~srm buildinE. zB~ (Continue on ot~er side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus'e this building was formerly the potatoe storage and machinery shed for the Tabor farm which ts no longer in operation. The number of farmers in Orient is steadily decreasing and there ts no need among the extstl~ farms for this buildtng as a farm building. The Tabor .farm is being sold and in fact I have purchased the 9 acres across the road from this building and am unable to rent it as farm land. The,Schriever Construction Coo~ Inc. could easily make use of the entire building for their storage purposes and would be the only possible renter capable of providing a reasonable return on the investment in the property. With the rent fromthe Schriever CoNstruction Co.~ Inc.. the building would be improved and maintained in at least as good a condition as any privately owned non-residential property ln. Orien/:. Wtthout .this income the former barn would obviously remain unoccupied and become an eyesore in time. The cost of removing the buildt~g from the property together with the initial cost of the property would exceed any conceivable market price for the lot even as business property.]. Therefore~ failure to grant the variance sought in thts application would create an economtc loss to me and to Orient and result tn an eyesore in the heart of Orient similar to many in'the farm area east Of Orient Village. 2. The hardship created is UNIQUE. and is not shared by all properties alike in the immediate vicinity of this property and in this use district because most of the buildings 'Obviously ' are residential and can be rented·at least during the summer season if not year around. Many pieces of farm land cannot be rented like my parcel east of Tabor ~oad but sooner or later they can be developed to ~teld a return on the investment in them. The half acre on which this building issttuated has no economic value as long as this building remains unoccupied and the investment in the butldtng can only be maintained if the building is maintained. Without the income from renting the building there is no ]ustlftcation for maintaining the building and without the granttng of thts variance there ts no possibility of renting the building for enough money to maintain it. There is an unused business butldtng near thts area which is a ffliing station which rematns unoccupied as a ft11ing station~ and because of the pecullar workings of the zoning ordinance it is far too valuable to be put to any o~he~,us~... There is, no simtlartt~..betw.een~hese two ~ne variance wou~ observe me spmr or me ~romonce ono VV~UhU mu. CHANGE THE CHARACTER OF THE DISTRICT because this buildtn~ has e~isted in its present location since before zoning was instituted and was used as a storage shed for machinery and trucks only they were used"~ fa~ming instead of excavating. This is not a retail oPeration and will not generate any more traffic than the previous use of the building. No manufacturing operations are contemplated but repatr and matntanence of Ithe machinery and trucks are contemplated much as in a farming situation and such work would be done inside the building where possible. The only ~hange tn the district's character would be the replacement of red-painted machinery with yellow-painted machinery and the elimination of the vegetable grading operations and produce trucks previously in the area. Perhaps the appearance of the building might be an Improvement when it is finished. STATE OF NEW YORK ) ) ss COUNTY OF ~0££~/Z ) Signature c / No~f-Ky~Public FLOYD }", KING, ~0TARY PUBL~ State o~ NewYo~ No. 5~7267800 Su~'fclk County TOWN OF SOUTHOLD FORMER OWNER STREET RES. SEAS. AGE N~ FA~ Acre ~llable W~land To~l PROPERTY TOTAL 77~ / FARM DATE / VILLAGE © · COMM. CB. MICS. BUILDING CONDITION RECORD SUB. LOT ACR. , ~OO TYPE OF BUILDING NORMAL BELOW ABOVE Volue Per Vclue Acre FRONTAGE ON WATER ,: FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR Mo Extension Extension Extension t Porch Breezeway ~roge Patio Oo Bo Total Foundation 76~d) ,, Basement Ext. Walls Bath Floors InteriOr Finish Fire Place Heat Rooms 1st Floor Type Roof Recreation Room Dormer Rooms 2nd Floor Driveway Dinette K. DR. BP,; FIN. B APPEALS BOARD MEMBERS GERARD P. GOERRIflGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 September 9, 1986 Charles R. Cuddy, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY llgO1 Re: Appeal No. 3393 Barbara D. Schriever (Variance) Dear Mr. Cuddy: In response to your August 25, 1986 letter, please be advised as follows. Since you have confirmed that Mr. and Mrs. Schriever do not intend to use the new variance rendered under the above appeal on September 26, 1985, it is the board's position that the 1969 variance under Appeal No. 1260 is still in effect. It should be understood, however, that any change of use, or added use, in conjunction with the uses permitted under the 1969 variance, will require an application to and action by the Board of Appeals, whether or not such additions or amendments are compatible with the zoning ordinance. Transfer or conveyance of the premises would, however, nullify the 1969 variance as described by Condition No. 2, unless additional steps were taken. We are not authorized to withdraw, amend or act in any manner without formal application, proper notice, public hearing, etc. In light of the above circumstances, we would welcome a formal application to withdraw the 1985 use variance in its entirety if a transfer or conveyance of the premises is contemplated. lk Yours very truly, GERA~D P. 60EHRI'NGER ~- ' CHAIRMAN TOWN OF SOD'T~OLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 February 1, 1985 Esseks, Hefter, Cuddy & Angel 10~ East Main Atreet Ri~erhead, N.Y. 11901 Dear Mr. Cuddy: Reviewing the variance, obtained by Ms. Barbara Dwight Schriever, for the property on Tabor Road, Orient, I find the following. The variance was grant- ed for a contractors type business, allowing the repair of contractors machinery and equipment. It also permits the storage of not more than 50 tons of screened sand, gravel and topsoil. The uses you indicate are, without a doubt, more up-grading; more eonfining in nature; and more con- trollable. However, I would say you will have to apply for a variance, there being no way to encompass your proposals in the present variance. VL:hd Very truly/~ours, Victor Lessard Exec. Administrator ESSEKS, HEFTER, CUDDY ~ ANGEL COUNSELORs AT IO8 EAST MAIN STREET (516) 369-17OO January 30, 1985 P O. Box 570 ~. Victor Lessard Executive Administrator Southold Town Hall Box 728 Southold, New York 11971 Re: Schriever property - Tabor Road, Orient, M.Y, Dear Mr. Lessard: Confirming our telephone conversation, William Schriever obtained a variance in or about 1969 for property which was then residential property and is now zoned business located on the west side of Tabor Road just south of the Main Road in Orient, N,Y, The var- iance permitted the storag~ and repair of heavy constr~ction equipment. The site was used for that purpose and ultzmately was zoned for business and continues in that zoning classification to date. The variance, still in existance, permitted the property to ~e. used at a greater scale then what would normally be permitted zn a business use district. At this time it is proposed that.the Schri~ver property be used for a combination of uses including a machzne shop, wood-working shop with attendant storage of wood and the remainder of the building, approximately one-half of iq would be devoted to sculpturing and storing of sculpture works. We request that you review the existing variance and having in mind the proposed uses for the premises, confirm to us that these uses would be acceptable based upon the existing use for storage and repair of heavy construction equipment. Very truly yours, CRC/ec LEGAL DESCRIPTION OF THE PI~OPERTY of BARBA~ D~IGItT SCHI~IEVER Beginning at a point on the westerly line of Tabor Road at the ~rtheasterly co.er of l~d ~f the Eussell Tabor Estate and the southeasterly co.er of a c~=a~n ~ete~; ~i~ =hence al~ sa~d westerly llne of Tabor Road, S. 0° 38* 00" E. - 123.0 fee~ ~o land of T~s; ~hen~e alo~ said la~ So 88° ~0t ~" W. - 188~32 fee~; ~he~e alo~ ~ l~d of Russel Tabor Estate and alo~ land of Ward Tabor on the ~enston southerly of the westerly llne of said c~ete~ N. 0° 22~ 30~ E. - 122.87 ~ee~ ~o ~he southwesterly co.er of said c~e~e~; ~hence a~o~ said c~e~e~ N. 88° 17' 20~ E. - 186.16 fee~ 2o ~he point of begi~l~o containing 0°528 acre. As surveyed and described by Van Tuyl & Son, Greenport, N. Y. ~rch ~ 197~ William& Barbra Schriever ~ain Road Orient~ N.Y. The Board of Appeals in action ~ 1260 granted you a variance to conduct a contractors yard in a residence district- former Tabor far~ building - ~ certain conditions! one being the planting of a screening along the westerly property line. This approval was ~ade in 1969~ to date we find no adequate screening seperating your property from your neighbors, The lack of this screening has been brought to our attention several times. Kindly advise your planting schedule and varietys of trees and bushes to be used, Failure to provide the screening will void your privelege to use this property for a contractors yard, Yours truly PORM ~ 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SO~-~-I.~OLD, N. Y. ~OTICE OF DISAPPROVAL File .No .................................................................. Date ......................... ..--~.....~.... ~.~.. 19../.. f ~ ~ ....... ............... ~~:~.~ ......... ./4.. :...!~i.: ........ PLEASE TAKE NOTIC~ that, your anolication dated ..... ...~......~....5/..~ ~-- 19~ .~, . u~ ~, r~¢: f;~ ~k~ ~-~,~-- ~?~ ............. zor permit .to e~rf~t . [.l.Z_ at the premises lbcated at ~...~.., ..... ~~.....!- ...~.,"..'., :~: .............. ~Street (~q-,~ --~ .............................. Map ................ ~ ................... Block .......... ...~..:. ...................... Lot ......... ~. ................ ,~ is ~,,,,,~-~ ;,=,~,;tl, ,,,,,1 disapprgve, d ox-,xthe f~llowin, grounas ....... '~.:..: .......... ~ ............. z. ....... ............ ................... ...... /© O TOWN OF SOUTHOLD ?OWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building DeNt. } Planning Bd. 765-2660 Board of ApDeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ....~.....¢~.....A.[Ip...~,....~..~I ......... of the town of ..4~111~1~O,~ ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ............ Special permits .~. .....Variances Location of affected land: ..W//~..~AbC)F..~j..O~oAt, lr..N.,~4 ............................................... within 500 feet of: (check one or more) ............ Town or village boundary line .~ ..... State ~r J road, ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public buildin~ is situated Comments: ~ ~oaz~ of &ppeals has appx'oved th:l.s &ppl~eatiol~ e~lb]®~t ~o sa~eeningt u~de~'ground fuel tanks ere. Date: . ~lll~...~[~ ...~ .~9 ............. Robert W. Gillespte 3~ (si~ned) ...G~ai~t..~r~l..c~..Ap~ealo ............... Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. Southold Town Bo~ 0~ Appeals r.7-~. / June 12, 1969 Road, Mattituck, New York, as applied f. subject to the folding conditionss / / ~ 1. The sign shall be m Ant~ .e ~ in good repair at all ~ 2. The sign shall be ~ acted only between the months f February and Oc ~ $~ The sign shall located at least three feet above gr~nd level. 4. sign be located at least five feet any The ~ shall be no larger than 24 squm~a feet. 6. The in the be subject to all subsequent changes Tc~n Building Zone Ordinance as it refers sign granted for one year, renewable application to the Board of Apl~alae Vote ~c~e Boards Ayel F~BLXC ~A~XNGs ApPeal NO. 1260 - 8,00 P.M. (RoD. SoT.), t~ application of B~ra ~ght 8chri~er, ~in Road, Orient, N~ Y~, f~ a v~ce ~n acc~ce wl~ ~e Z~g ~d~co, ~t~clo XXXe Sectt~ 300~ f~ ~m~ss~ to uso ~st~g ~ld~g f~ storage re~r of c~lct~l ~ery & equ~nt, otc. ~at~ of ~~ west SL~ of T~ R~d~ ~iente N~ York~ ~n~d nor~ by c~e east ~ T~r R~d, iou~ by ~8 E~ta~e~ welt by We T~r & ~8. Fee ~d ~5~00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publLcation in the official newspaper, and notice to the applXuant. THE C~DtXRM~N, Xs there anyone present who wishes to speak for this application? 5PF~IC~R TERRY~ My name is Spencer Terry, X am a relident and taXpayer of orient, and X am employed by Mr. 8chrievero As the Southold Town Bo~d of Appeals June 12, 1969 Board no doubt knows I have appaa~ed here numerous times batons, prior to m~f employment with ~. S~rievmr, to a~ ~ fav~ o~ bus~sm z~g ~ ~ent. ~e o~rat~on as ~t s~ n~ ~ ~ ~~t ~ ~e previous o~=ation. ~e ~ld~gs ~e n~ ~ ~t~ez c~dltt~ ~d ~e p=o~rty has ~en clewed up. ~al ~z. of ~e B~d have ~en ~n ~ere to 1~ at it, ,o ~u ~ ~ c~t~ of ~e ~o~ty, X m~elf ~n~t f~L ~a2 Lt m~ll ~y apostle ~ge ~ ~e cheater of ~e pro~rty. there anyone else present who wishes to MR. HIH~Sz Can you fit all your equi~ment in these MR. ~C.R/~/ER= Probably not, But the vast majority of its X coulch YOU take s~uething like a trailer, which Is ~ver 40 ft. l~go, MR. HIH~S= W®ll, I mean Just your equipment, obviOUsly you would not have buildings to store your trailers. ~. ~XEVER= Excluding the trailers, ~ would definitely have enough room for all my equipment. ~I~ CHAIRMAN= This aqullanent ~s in operation most of the time? Ma. SCI~'~.~ER: Yes, we bring it into service it and ~uel ~t, then we take it out a~±n. ~R. HI~LSE= Then about the only thee it would be on the p~e~J~es is ~n the winter months? MR. SC~RX~VBR~ Yes, that's right. Except for the servicJ~ and fueling. The time when we really need the buildings is in the winter, There are about 3 months of the yeax during which it is impossible to work. T~ECHAXR~%N= What percentage of use of the equipeent is in the Town of Southold and what percentage is out side the To~n of 8outhold? MR. SCHRXEVE~ I would say about 95% is in the Town Of So~thold, We do occassionally get a Job in Rocky Point~ Wading River, or sOUthampton, THE CH~.1AN= What is the equipment used for? What are you in. MR. SCHRXEVER= Our main business is the excavation, Celll~OOll, and ~&ading for new houses. We also do roads, bulkheading, land clearing and grading~ and we put in driveways. Southeld Town Bo~· of Appeals June 12, 1969 THE CHAXRMAN~ Are there any other questions? F~. SCHRXEVER~ Well, we like to store screen sand for work, on the premises. We like to have small piles on hand, it the only practical way to store it. THE CHAXRMAN~ I believe we discussed the possibility of planting a hedge along the westerly line, extending the hedge that ~ there now. Screening would behelpful as faa as the neighb~rs aaa c~ncerned and we actually have requirements for screening in the Ordinance. MR. SCHRXSVER: Well, the pro~erty is owned by ~. Tabor, but if yOU feel it is necessary to have screening, we will have it. THE CHAXRMAN~ What type of material do you want to store, sand~ gravel~ or what2 MR. 8CHRXEVER= NO, we only want to store what is not obtainable in the Town of Southold~ Screen sand, for example, X hive to gO ~o Calverton to get. Xf X get a call for a patio, it is a conven~ to the ~eople if X have the material on hand, THE CHAXRMAN~ Originally, you applied for a change of zone on your prolmerty across the street. YOu were thir~king of using that pro~erty as a ~ossible base for your operation, is that correct? MRS. SCHRXEVER. Yes, that's right, we were going to build a new building, but the Town Board denied the change of zone applicat~o~. THE CI~.Z~Nz What was the basis of their denial? MR. SCH~X~v~--R: X really don't kno-~o X can't speak for the Town Boardo X don't think the adjoining property owners wanted MRS. SCHRIEVERt I don't think the people were against ue~ ob thiz particular operation, I think they were afraid to zone such large parcel as 9 acres for business. ! think they were afraid we might sell out and some sort of monstrosity would develop there. Also they didn't want another building. When I was going around with the petition they suggested that we uae Tabors barn. THE CHAIRMAN: I think the amount of property zoned for business or industrial use is very limited in Orient. MR. SCHR~za, There is no vacant land in Orient which is zoned for business or industrial use. My opinion is that if I had applied for o~e acre of ~B" zoning they would have said it was too small a ~arcel, end X applied for 9 acres which they Southold Town Boa~ of Appeals June 12, 1969 said was too big. I think it would be foolish to take the 700' of road frontage on Tabor Road and put my business on it. X think that road frontage should have been available for retail business, rather than to use it up for my type of operation which does not need that access. We would rather be a little out of the way. Of course we wouldn't want to he way out on Narrow River Road or anyplace like that where we would have trouble getting the trailers in and out. THE CHAXRMANz Would you list for the record the other places that you sought to acquire for this purpose? MR. SCHRXEVER= Well, the first place that we sought to acqu~e was what used to be Ed King's grading barn, which is in back o~ apar*~nts. That property was zoned "B" Business. X attemlTted to buy the property, I was offered a contract to buy the property at prl=e which was quite high due to the fact that it was the available business prope=ty in Orient. The building on it would have been of no use to me it would have had to be torn down. Wasn't that property re-zoned? MR. SCHRXEVER~ Yes, it was re-zoned to "A" on petition severe1 of the property owners in that area who wanted to block my obtaining the use of the property. THE CHAXRMANI What other locations did you try to Obtain? MR. SCHRIEVERI None, not for this business. But p~eviou! to that I wanted to build a garage for Civil Defense Equipment and the property was zoned "B" Businezs, but there was opposition to it. THE CHAXRMAN~ Were there any other pl&cea ? MRS. SCHRXE~= You were going to try to buy the property behind Joe's Garage, but then somebody else bought it. MR. ~CHRX~,JERI Well, yes, but that property was very narrow and longo ! don't think it was too appropriate. THE CHAXRMAN, Is there anything else you would like to add to this application? (There was no response.) THE CHAXRMANe HOW many employees dO you have there now? MR. SCHRIEVER~ At the present time there are 3, possibly there Will be 4. Southold Town Bo~d of Appeals 41- June THE CHAIRMAN~ Xs there anyone else present who would like add anything to this application on behalf of Mr. Schriever? (There was no response.) THE CHAXRMAN~ Xs there anyone present who would like to speak against this application? (There was no zesponse. ) After investigation ~_nd ~nspection the Board finds that the applicant requests pemission to use existing building for mtorage and repair of contractors machinery & equipment, etc. The Board finds there is no adequate business property available in Orient to es~ablish the type of business the applicant is engaged in, which is road construction, excavating, and some bulkheading. The a~pl~,ation is unique in view of the lack of adequate business pr cAM=fy available. The Board finds that strict application of the Ordinance will produce pzactical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all prop~rties alike in the immediate vicinity of this property and in the same uwe district; and the variance will observe the character of the district and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RES(~VED Barbara Dwight $chriever, Main Road, Orient, New YO~k, be GRA~'A'~D permission to use existing building for storage and re~ir of co~tractors machinery & equipment, etCo as applied for on prO~ l(mte~, west side Tabor Road, Orient, New York, subject to the foll~g condit~0~s, 1. Planting or screening must be established along the westerly boundary of the property. 2. There shall be a limit for t~e amount of screen sand, gravel and top sol1 to be stored on the property. There shall be no moze than 50 tons each of screen sand, gravel, and top soil. Vote of the Board: Ayes~-Messrs: Glllispie, Bergen, Hulse, boFen. PUBLXC HEARiNg. Appeal NO. 1261 - 8:30 P.M. (E.D.S.T.), upon application of Mates Lettunich, Bay Home Road, Southold, New York, for a vaxiance in accordance with the Zoning Ordinance, Article Southold Town Board o£Appeals MAIN ROAD- GTATI=' ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3393 Application Dated August ]5, ]985 TO: Charles R. Cuddy, Esq. as Attorney for MRS. BARBARA D. SCHRIEVER Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY llgO1 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on September 26~ 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article VI, Section ]00-60 [ ] . Request for Application of BARBARA D. SCHRIEVER for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to establish woodworking and metal shops, art studio, and apartment in existing building located in this "B-Light" Business..Zoning District, at the West Side of Tabor Road, Orient, NY; County Tax Map District lO00, Section 18, Block 05, Lot 12 WHEREAS, a public hearing was held and concluded on September 12, 1985 in the Matter of the Application of BARBARA D. SCHRIEVER under Appeal No. 3393; and WHEREAS, the with the premises area; and board members have personally viewed and are familiar in question, its present uses, and the surrounding WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: l. By this application, appellant requests variance~ to permit: (a) a woo~workin~ and metal shop, (b) an artist studio, (c) a single-family residential unit [apartment] on the second floor of an existing building located in a "B-Light" Business Zoning Dis- trict. 2. The premises in question is situate along the west side of Tabor Road commencing at a point approximately ll5 feet south of the Main Road (S.R. 25) containing an area of .528 acreage, lot width and frontage along Tabor Road of 123 feet, and average depth of 187.24 feet. Properties to the north and west of this parcel are zoned "A-Residential and Agricultural"; property adjoining this parcel along the south property line are also zoned "B-Light" Business. Properties along the'east side of Tabor Road are zoned "A-Residential and Agricultural." (CONTINUED ON PAGE TWO) DATED: Form ZB4 October l, 1985. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3393 Matter of BARBARA D. SCHRIEVER Decision Rendered September 26, 1985 3. The building in question as exists contains an area of 6,903 sq. ft. on the first floor and an area of 2,500± sq. ft. on the second floor. The subject building is shown on the survey as amended August 27, 1985 prepared by Roderick VanTuyl, P.C., to be set back 22 feet from the front (easterly) property line along Tabor Road, 15 feet from the southerly side property line along property now or formerly of William Schriever, and 19 feet from the northerly side property line. The plot plan submitted for the record indicates a setback of 56 feet from the rear (westerly) property line along land now or formerly of Tabor. 4. The activities of the woodworking and metal shops are proposed by this application to be limited to small-scale fabricating without heavy manufacturing of machinery or equipment, a mail-order business, office areas, and manufacture of parts for portable saw mills (see brochures on the "Sperber" sortable sawmill submitted for the record). 5. The artist studio is proposed to be established at the westerly section of the building containing 1,400± sq. ft. of first floor area (50' x 28' recent addition). 6. For the record, it is also noted that a conditional variance was granted under Appeal No. 1260 on June 12, 1969 per- mitting the use of a 5,600 sq. ft. building for storage and repair of contractor's machinery and equipment. Subsequently, this parcel was re-zoned from "A-Residential and Agricultural" to "B-Light" Business in or about 1971. 7. It is further noted that as of thi~ date: (a) the site plan for this project is pending review and action by the Planning Board, and (b) the proposed Master Plan presently under review by the Town Board depicts the subject property to be re-zoned to "B-l" as re-defined therein, for which these requested business uses are compatible, and which prohibits residential use. 8. After investigation and in considering all the facts concerning the use of this property and existing building, the board agrees that the business uses requested by this application are more feasible; however, the information submitted is not sufficient to warrant a granting of a variance for the residential use on the second floor. In considering this appeal, the board finds and determines that: (a) the business uses as proposed is consistent with and will promote the general purposes of the zoning code and maps [and the Master Plan amendments as proposed]; {b) the circum- stances are unique; {c) the business uses applied for will not alter the essential character of the neighborhood; (d) the busi- ness uses applied for will not prevent the orderly and reasonable use of this district or adjacent use districts; (e) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed business use and its location; {f} the interests of justice will be served by allowing the variance for the business uses requested, and by denying the variance for the residential-apartment use, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that a Variance for permission to establish wood- working'and metal shops and artist studio, without residential use, BE AND HEREBY IS GRANTED under Appeal No. 3393 in the Matter Page 3 - Appeal No. 3393 Matter of BARBARA D. SCHRIEVER Decision Rendered September 26, 1985 of the Application of BARBARA D. SCHRIEVER, SUBJECT TO THE FOLLOW- ING CONDITIONS: I. Any and all future additions, extensions of building(s) requires formal application to the for consideration and review; or construction Board of Appeals 2. This variance shall be limited to those business uses as requested and outlined in these findings, supra, and does not allow residential use; 3. The previous variance granted under Appeal No. 1260 June 12, 1969, for storage and repair of contractor.'s machinery and equipment, shall immediately become null and void upon: {a) the transfer or conveyance of the premises; and/or {b) the date of effectuation of this variance, which shall occur first; 4. No materials, sand, gravel"or otherwise, including equipment, shall be permitted to be stored outside; all materials and equipment must be contained within the building; 5. Minimum of nine (9) parking spaces [10' by 20' each]; 6. Plantings/screening shall be placed along the south property line (in addition to the existing screening along the north and west lines), and all plantings along the north, west and south lines shall be continuously maintained at all times; 7. Any change of use to a use other t~an as granted by this application, either more or less restrictive, or whether it be "B-Light," 'lB-l" or any use compatible under the proposed Master Plan zoning amendments, or the current zoning regulations, will require a new site plan application to and review by the Southold Town Planning Board for additional on-site parking and site plan approvals {as well as the Board of Appeals if same is deemed necessary). 8. Site plan final approval by the Southold Town Planning Board for this project; 9. Referral to the accordance with Sections Charter. Suffolk County Planning Commission in 1323, et seq. of the Suffolk County Vote of the Board: Sawicki. tion was lk Ayes: Messrs. Goehringer, Douglass and (Members Doyen and Grigonis were absent,) This resolu- adopted by a unanimod~ vote of a quorum of the members. // October 1, 1985 ·