HomeMy WebLinkAboutZBA-09/26/1985 SPEC Southold Town Board o£Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M ! N U T E S
SPECIAL MEETING
THURSDAY, SEPTEMBER 26, 1985
A Special Meeting of the Southold Town Board of Appeals was
held on THURSDAY, SEPTEMBER 26, 1985 at 8:30 p.m. at the Southold
Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Robert J.
Douglass and Joseph H. Sawicki, members of the Board of Appeals.
Absent were: Serge Doyen, Jr. (Fishers Island) and Charles
Grigonis, Jr.
The Chairman opened the meeting at 8:30 p.m. and commenced
deliberations on each of the following matters:
Appeal No. 3379 - RUTH ENTERPRISES,
Appeal No. 3393 - BARBARA D. SCHRIEVER,
Appeal No. 3387 - ALICE HUSSIE.
The board reviewed each file and discussed the effects of
the new zoning for each as contemplated under the proposed Master
Plan revisions. The board also discussed the moratorium which
is not in effect as of yet.
The board members agreed to act on each pending file above
noted at this time ~athe~ than ~ver t~e..coming weekend due to
expected Hurricane Gloria.
PENDING DECISION: Appeal No. 3379 - RUTH ENTERPRISES:
Application of RUTH ENTERPRISES - C & D REALTY - Variances to
the Zoning Ordinance, Article VII, Section lO0-70[A) for: (1)
permission to construct shopping center in this "B-l" General
Southold Town. Board of Appeals -2- September 26, 1985 Special Meeting
(Appeal No. 3379 RUTH ENTERPRISES, decision continued:)
General Business Zoning District, containing less than one acre in area
and less than 150 ft. lot width [Art. VI, Sec. 100-62(B)]; (2) per-
mission to construct building with insufficient sideyards; (3)
approval of less than 26 parking spaces as per Notice of Disapproval
dated June 10, 1985. Location of Property: South Side of North Road
(C.R. 48), Peconic, NY; County Tax Map District 1000, Section 69,
Block 4, Lot 3.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on September 12,
1985 in the Matter of the Application of RUTH ENTERPRISES under
Appeal No. 3379; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question~ its present uses, and the surrounding
area; and
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:
I. By this application~ appellant requests variances for this
proposed shopping center: (a) for insufficient land area, having
less than one acre as required by Article VI, Section 100-62(B)~
(b) for insufficient lot width, .having .less than 150 feet lot width
as required by Article VI, Section 100-62(B); (c) for an insufficient
15' sideyard setback from the easterly property line, having less than
the required 25 feet; (d) for insufficient Barking spaces, having
less than 26 spaces for a total office area of 2622 sq. ft. as per the
June 10, 1985 Notice of Disapproval from the Building Inspector [see
site plan and floor plan amendments of September 4, 1985].
2. The premises in question is situate on the south side
of Middle Road (C.R. 48), Peconic, contains an area of 21,922 sq.
ft. and lot width (frontage) of 108.73 feet~ This property is
located in the "B-l" Zoning Use District, and is proposed on
the Amended Master Plan Zoning Maps to be "Limited Business" (LB).
3. The subject premises is presently improved as follows:
(a) 8' by 20' frame shed structure set back approximately 50
feet from the rear property line; (b) 6' by 6'-accessQry frame
shed structure; (c) 12' by 52' mobile home with office along
the westerly side property line; (d) 32' by 20' frame building
Southold Town Board of Appeals '3- September 26, 1985 Special Meeting
(Appeal No. 3379 - RUTH ENTERPRISES, decision continued:)
set back approximately 55 feet from the front property line and
15 feet from the east side property line.
4. It is the understanding of this board that the existing
structures will all be removed entirely from the premises.
5. The new building is proposed to be an one-story,
90' by 60' building of concrete block construction to be set
back 50+ feet from the front property line, 30 feet from the
westerly side property line, 15 feet from the easterly side
property line, and 48 feet fr'.om the rear property line (at its
nearest point).
6. It is noted for the record that at a Regular Meeting of
the Planning Board held August 26, 1985, review was made of the
floor plan as amended, and it was the position of the Planning
Board (by letter dated August 28, 1985) that the number of parking
spaces shown is sufficient with the limited office and retail sales
areas.
7. It is further noted for the record that the site plan
was amended pursuant to the Planning Board's request dated
September 4, '1985, and the records show no further action by
the Planning Board to date, pending action by the Z.B.A.
8. It is the opinion of the board that although the
existing easterly sideyard is established at 15 feet, that it is
not the minimal necessary under the circumstances. It is,
however, the opi-nion of the board that by allowing the total
of three business office uses requested in one building rather
than as exist will not be adverse to this zoning district or
neighboring properties, nor will the uses be inconsistent with
the present zoning or the proposed zoning amendments.
9. The three uses to be proposed are: (a) masonry-busi-
ness office; (b) electrical business office; (c) general
business office.
In considering this appeal, the board finds and determines
that: (a) the business uses as proposed are consistent with
and will promote the general purposes of the zoning code and
maps [and the Master Plan amendments as proposed]; (b) the
circumstances are unique; (c) there will not be a substantial
increase of business uses upon the premises; (d) the relief
requested will not alter the essential character of the neighbor-
hood; (e) the relief as conditionally granted will not prevent
the orderly and reasonable use of this district or adjacent use
Southold Town Board of Appeals =4- September 26, 1985 Special
............ Meeting
(Appeal No. 3379 ~ RUTH'ENTERPRISES, decision, continued:)
districts; (f) the relief as conditionally granted is not
substantial from the requirements of zoning; (g) the safety,
health, welfare, comfort, convenience and order of the town will
not be adversely affected by the proposed business use and its
location; (h) the interests of justice will be served by allow-
ing the variance as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Douglass, it was
RESOLVED, to GRANT the following relief in the Matter of
Appeal No. 3379, Application of RUTH ENTERPRISES:
1. Approval of the insufficient lot area of 21,922 sq. ft.
and insufficient lot width of 108.73 feet for the proposed
three business-office uses in this "shopping center."
2. Approval of not less than 18 parking spaces (the
15 as shown plus an additional three spaces).
3. Approval of an insufficient setback from the easterly
property line at not less than 20 feet.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass
and Sawicki. (Members Doyen and Grigonis were absent.) This
resolution was unanimously adopted with a quorum of the members
present.
Southold Town Board of Appeals -5- September 26, 1985 Special Meeting
PENDING DECISION: Appeal No. 3393:
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 1000,
Section 18, Block 05, Lot 12.
Following deliberations, the boabd took the following action:
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 board members have personally viewed and are familiar
with the premises in question, its present uses, and the surrounding
area; and
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:
1. By this application, appellant requests variances to permit:
(a) a woodworking 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 115 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" Bus/ness. Properties along the east side of
Tabor Road are zoned "A-Residential and Agricultural."
3. The building in question 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 the survey
as amended August 27, 1985 prepared by Roderick VanTuyl, P.C., to
Southold Town Board of Appeals -6- September 26, 1985 Special Meeting
(Appeal No. 3393 BARBARA D. SCHRIEVER, decision continued:)
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" portable 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 this 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-I" 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 are 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 i.ts 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.
Southold Town Board of Appeals -7- September 26, 1985 Special Meeting
(Appeal No. 3393 - BARBARA D. SCHRIEVER, decision continued:)
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
of the Application of BARBARA D. SCHRIEVER, SUBJECT TO THE FOLLOW-
ING CONDITIONS:
1. Any and all future additions, extensions or construction
of building(s) requires formal application to the Board of Appeals
for consideration and review;
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 than as granted by this
application, either more or less restrictive, or whether it be
"B-Light,' "B-I" 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 Suffolk County Planning Commission in
accordance with Sections 1323, et seq. of the Suffolk County
Charter.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Southold Town Board of Appeals -8- September 26~ 1985 Special Meeting
(Appeal No. 3393 BARBARA D. SCHRIEVER, decision continued:)
Sawicki. (Members Doyen and Grigonis were absent°) This resolu-
tion was adopted by a unanimous vote of a quorum of the members.
PENDING DECISION: Appeal No. 3387:
Application of ALICE HUSSIE - AGDP APIKOGLU & ANO for a Special
Exception to the Zoning Ordinance, Article VI.~, Section lO0~70(B) for
permission to establish tennis and recreational facilities in this
"B-l" General Business Zoning District located at the West Side of
Horton Lane, Southold, NY, containing 4+ acres; Suffolk County Tax
Map District 1000, Section 59, Block 3, Lot 32.1.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on September 12,
1985 in the Matter of the Application of ALICE'HUSSIE under Appeal
No. 3387; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question, its present zoning, and the surrounding
area; and
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:
1. This is an application for a Special Exception in accordance
with Article VII, Section lO0-70(B) of the Zoning Code for permission
to establish tennis and recreational faiclities in this "B-I~' General
Business Zoning District.
2. The premises in question is located at the west side of
Horton Lane, Southold, and is identified on the Suffolk County Tax
Maps as District 1000, Section 59, Block 3, Lot 32.1.
3. This parcel contains a total area of 181,945.50 sq. ft.,
or 4.1769 acres, with 270.08 f~ontage along Ho?ton Lane, and is
presently vacant.
4. Proposed by this application are as follow: (a) four indoor
tennis courts within a 215' by 120' one-story building and 40' by 80'
attached two-story building, to be set back 230 feet from Horton Lane,
Southold Town Board of Appeals -9- September 26, 1985 Special Meeting
(Appeal No. 3387 ALICE HUSSIE, decision, continued:)
26 feet from the northerly side line, 36 feet from the rear [westerly]
property line, and 202 feet from the southerly side property line;
(b) raised terrace attached along the southerly side of building (a),
supra, containing an area of approximately 2,030 sq. ft.; (c)
240~ by 60' exterior tennis court surface with 10' high fencing to be
set back approximately 180 feet from Horton Lane and not less than
35 feet from the southerly side property line and not less than
25 feet from fthe westerly rear property line, as shown on the
site plan amended August 20, 1985 prepared by Thomas Joseph Pirkl
and Associates, West Islip, New York.
5. For the record it is noted that by letter dated August 28,
1985, the Southold Town Planning Board indicates they are in favor
of this use and the buildings' setbacks and height as submitted.
6. It is further noted that the premises is proposed to remain
General Business (B1) under the proposed Master Plan Maps.
In considering this application, the board has: (a) considered
items [a] through [1] of the zoning code; (b) determined the use
will not prevent the orderly and reasonable use of adjacent properties
or of properties in adjacent use districts; (c) determined the safety,
health, welfare, comfort, convenience and order of the town will not
be adversely affected by the proposed use and its location; (d)
determined that the use is in harmony with and will promote the
general purposes and intent of zoning since this is a use permitted
by legislative action and will meet the requirements of the zoning
regulations and is subject to site plan approval by the Planning
Board.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the following Special Exception use applied
for under Application No. 3387 in the Matter of ALICE HUSSIE and
subject to the conditions as noted below:
1. Recreational facilities as shown on the August 20, 1985 site
plan under consideration which includes the construction of the follow-
lng buildings:
(a) Two-hundred fifteen (215)-foot by 120-foot one-story
building and 40' by 80' attached two-story building and raised terrace;
(b) Two-Hundred Forty (240)-foot by 60-foot exterior tennis
courts with ten-foot high fence enclosure;
(c) Parking facilities as approved by the Planning Board;
2. No overhead lighting on outside courts are permitted;
Southold Town Board of Appeals -10- September 26, 1985 Special Meeting
(Appeal No. 3387 - ALICE HUSSIE, decision, continued:)
3. Further extensions which may be proposed are subject to
subsequent Special Exception application and approval and subsequent
site plan approval from the Planning Board.
4. This project is also subject to final site plan approval from
the Planning Board in accordance with the requirements of Article XIII
of the zoning code.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent.) This resolution
was unanimously adopted with a quorum of the members present.
In light of the hazardous weather conditions expected of
Hurricane Gloria in the next several hours, the Chairman declared
the meeting adjourned. The meeting was adjourned at 8:50 p.m.
Respectfully submitted,
Linda F. Kowalski, Secretary
~o~r~r~C~~ South old Town Board of Appeals
p oved ehri~ge'r 1985 ~n
RECEIVED AND FILED BY
THE SOUTHOLD TOWN C]'.w.~K
Town Cle~:k, Town o~ ,~uthold
Southold Town Board of Appeals
MAIN ROAD-BTATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971
TELEPHONE {516! 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRJNGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGEDOYEN JR. September 26, 1985
ROBERT J. DOUGLASS
JOSEPH H. SAWICK)
OF SPECIAL MEETING
WE, the undersigned, being Members of the Zoning Board of
Appeals of the Town of Southold, Suffolk County, New York, do
hereby severally waive notice of the time, place and purpose
of the Meeting of the Board of Appeals to be held at the
Southold Town Hall, Main Road, Southold, New York, on
Thursday, September 26, ]985 at 7:.30 P.M. , and do hereby
consent that~ the same-be--held on said date for the transaction
of any business which may properly come before said meeting.
DATED: September 26,]985
~ era .r~ P Goehri~nger ,/Chairmar
Southold, New York.
charleys Gri~g~0~n~/ Jr.~ M_e~_ber
. ,EIVED AND FILED BY
/ Serge/~'. en, dr/., Member