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HomeMy WebLinkAboutZBA-09/12/1985 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 -~DIITHOLD, 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 I N U T E S REGULAR MEETING THURSDAY, SEPTEMBER t2, 1985 A Regular Meeting of the Southold Town Board of Appeals was held on THURSDAY, SEPTEMBER 12, 1985 at 7:30 p.m. at the, Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; Joseph H Sawicki; and Robert J. Douglass, constituting the five members of the Board of Appeals. Also present were Victor Lessard, Building Department-Administra- tor, and approximately 12 persons in the audience at the opening of the meeting. The Chairman opened the meeting at 7:30 p.m. and proceeded with the first public hearing on the agenda, as follows: 7:35 p.m. Appeal No. 3387 - Public Hearing was held in the Matter of ALICE HUSSIE. Special Exception to the Zoning Ordinance, Article VII, Section lO0-70(B) to establish tennis and recreational facilities in this "B-:I" General Business Zone. W/s Horton Lane, Southold, NY, containing 4+ acres. The Chairman read the applica- tion and notice of hearing for the record. The applicant, Alice Hussie, was present and spoke in behalf of her application. There were no objections from the public. (See verbatim transcript of hearing prepared under separate cover and filed simultaneously herewith at the Town Clerk's Office for reference.) Following the hearing, the Chairman moved to close (conclude) the hearing, seconded by Member Grigonis. This resolution was unanimously carried, and decision was reserved until a later date pending deliberations. Southold Town Board of Appeal s--~ September 12, 1985 Regular Meeting 7:40 p.m. Appeal No. 3390 - Public Hearing was held in the Matter of RICHARD AND DIANE ALLENo Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct new one- family dwelling with ins]fficient rearyard setback. Premises located along a private right-of-way off the South Side of Indian Neck Lane~ Peconic, NY. The Chairman read the appeal application and notice of hearing for the record. The applicants~ Mr. and Mrs. Allen, were present and spoke in behalf of the application. There were no objections from the public entered at the hearing. (See verbatim transcript of hearing prepared under separate cover and filed simultaneously herewith at the Town Clerk's Office for reference.) Following the hearing, the Chairman moved to conclude the hearing, seconded by Member Grigonis, and unanimously carried. (Pending SEQRA) 7:45 p.m. Appeal No. 3394 - Public Hearing was held in the Matter of STEPHEN EGGERS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) to construct bath-storage struc- ture with insufficient setback from landward edge of tidal wetland at 6675 Nassau Point Road, Cutchogue, NY. The Chairman read the appeal application and notice of hearing for the record. William Berkoski appeared in behalf of the applicant briefly. There were no verbal objections from the public during the hearing. (See verbatim transcript of hearing prepared under separate cover and filed simultaneously herewith at the Town Clerk's Office for reference.) Following the hearing, the Chairman moved to conclude the hearing, and reserved decision until a later date (pending compliance with SEQRA). The motion was seconded by Member Doug- lass, and unanimously carried. 7:50 p.m. Appeal No. 3379 Public Hearing was held in the Matter of RUTH ENTERPRISES. ~ariances to the Zoning Ordinance, (1) Article lO0-70[A] for permission to construct shopping center in this "B-I" District containing less than one acre in area and less than 150 ft. lot width (Art. VI, 100-62[B]); (2) permission 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: S/s CR 48, Peconic, NY. The Chairman read the application and notice of hearing for the record. Joseph Cor~el:l spoke in behalf of the application. (No objections were entered from the audience.) The verbatim transcript of this hearing has been prepared under separate cover and filed simultaneously herewith at the Town Clerk's Office for reference. Following the hearing, motion was made by Mr. Goehringer, S'out~.o~ld: 'T~wm Board of Appeags -3-~ September 12, 1985 Regular Meeting (Appeal No. 3379 RUTH ENTERPRISES, continued:) seconded by Mr. Sawicki, to conclude the hearing pending deliberations and a decision at a later date. (Pending SEQRA ~ime compliance.) This resolution was unanimously carried. 8:00 p.m. Appeal No. 3393 - Public Hearing was held in the Matter of BARBARA D. SCHRIEVER. Variance to the Zoning Ordinance, Article VI, Section 100-60 to establish woodworking and metal shops, art studio and apartment in existing building located in this "B-Light" Business Zone at the West Side of Tabor Road, Orient. The Chairman read the appeal application and notice of hearing for the record. Charles R. Cuddy, Esq. spoke in behalf of the applicants, Mr. and Mrs. William Schriever, who were also present. Abigail Wickham, Esq. spoke in behalf of the application for Mr. and Mrs. Robert Sperber.and Henry Randall, who are the proposed purchasers of the premises in question. (No verbal opposition was received from the public during the hearing.) The verbatim trans- cript of this hearing has been prepared under separate cover and filed simultaneously herewith at the Town Clerk's Office for reference. Following the hearing, motion was made by Mr. Goeh- ringer, seconded by Member Douglass, to conclude the hearing, pending deliberations and a decision until a later date. (Pending SEQRA compliance.) This resolution was unanimously adopted. 8:48 p.m. Deliberations commenced on each of the following matters: Appeal No. 3381 OTTO ZAPF. Decision pending from August 8th. Appeal No. 3385 - JOHN MITSINZKOS AND OTHERS. Decision pending from August 22, 1985. Appeal No. 3358 - GEORGE AND ALICE GLOGG. Decision pending from August 22, 1985. Southold Town Board of Appeals -4- September 12~ 1985 Regular Meeting A~tions:'take.n. 9:;.30.~ '~s ifollows:' ' PENDING DECISION: Appeal No. 3381 z OTTO ZAPF: Application for'OTTO'ZA~F, by A. Wickham, E~q~., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance~ Article Iii, Section 100z32 for permission t'o construct accessory storage' (garage) building in the fro~tyard area~ premises located at the northerly end of private right-of-way off .the North Side of the Main Road, Orient, NY; County Tax Map Parcel No. 10D0-013~02-004; Following deliberations, the boa'rd took the following action: WHEREAS, a public hearing was held and concluded on August 8, 1985, in the Matter of the Application of OTTO ZAPF~ 'Appeal No. 3381; and WHEREAS~ the board members have considered all test%mony and documentation entered into the record in t~is matte~_ and it noted that there has been no public opposition; and WHEREAS, the board members are personally familiar with the premises in question and the surroundigg prop.e[~i~es; and WHEREAS, the board made the following findings of fact: 1. By this application, appell-ant requests permission to locate an 28' by 28' accessory storage structure in the frontyard area with a requested setback from the westerly property line at not closer than 20 feet and from the south property line at not closer than 150 feet. 2. The parcel in question is located in the "A-80" Residen- tial and Agricultural Zoning District, contains an area of three acres and is identified on the Suffolk County Tax Maps as District 1000, Section 013, Block 2, Lot 4. 3. The subject premises is presently improved with one single-family dwelling situate approximately 320 feet from its front (south) property line. For the record, it is noted that the structure depicted "pch cott" at the northeast corner on the ~survey dated December 19, 1984, has been removed entirely. Southold Town Board of Appeals -5- September 12, 1985 Regular Meeting (Appeal No. 3381 - OTTO ZAPF, continued:) 4. For the record it is also noted that a conditional approval of access and conditional alternative access route have been granted under Appeals No. 3062 dated February 4, 1983, and No. 3043 dated October 30, 1982~ 5. It is apparent that in locating the requested accessory garage-storage structure in the limited buildable rearyard area near the bank along the L.I. Sound, a variance would also be required under Article XI, Section 100-119.2. The board finds that the area chosen is the most practical concerning the character, size, shape and location of the property in question. In considering this appeal, the board finds and determines that: (1) the relief requested will not be detrimental to adjoining properties; (2) there will be no substantial change in the character of this district; (3) the relief requested will not cause a substantial effect of any increased population density; (4) the circumstances of this appeal are unique; (5) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (6) the interests of justice will be served by granting the variance applied as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested for an 28' by 28' accessory garage-storage structure (incidental to the residential use of this property and not operated for gain) as requested under Appeal No. 3381 in the Matter of the Application of OTTO ZAPF, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That this accessory building not be used for habitable- sleeping quarters (storage use only as limited by Art. III, Section 100-32). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. Southold Town Board of Appeals-6- September 12, 1985 Regular Meeting PENDING DECISION: Appeal No. 3358: Application of GEORGE-AND ALICE GLOGG - Variance to the Zoning Ordinance, Article III~ Section lO0~]30(_A)and Article XI, Section lO0~ll8(E)-for permission-to construct additi6n, which exceeds 50% of the fair value of the existing nonconforming building. Location of Property: 11255 Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 141, BLock 03, Lot 6.3. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on August 22, 1985, in the Matter of the Application of GEORGE AND ALICE GLOGG, Appeal No. 3358; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter; and it is noted that there has been no public opposition; and WHEREAS~ the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to construct a 25'- by 40' addition at the north (rear) of the existing framed barn structure, which presently is of a size 21.1' by 39.2' or 827.12 sq. ft., for a total storage area of 1,827.12 sq. ft. 2. The proposed rear addition is shown in line with the easterly sideyard setback at 15.2 feet, and will extend into the westerly yard area not more than five feet. The building as exists is set back 5'9 feet from the southerly (front) property line along Sound Avenue and 34 feet from the westerly property line along a private right-of-way. 3. The parcel in question is located in the "A" Residential and Agricultural Zoning District and contains an area Of 15,803 sq. ft. For the record is it noted that a variance was granted con- cerning the area and width of this parcel under Appeal No. 2383 (Irene Cardinale) on January 12, 1978, and grandfathered by the Planning Board September 23, 1980 (A106-53). This same parcel was also granted on April 11, 1963 under Z.B.A. Appeal No. 554 for a lot width variance (during the time of 12,500 sq. ft. zoning) in the application of Allen Besch. 4. In requesting a clarification from the building inspector as to the grounds of his Notice of Disapproval dated December 31, Southold Town Board of Appeals -7- September 12, 1985 Regular Meeting (Appeal No. 3358 - GEORGE AND ALICE GLOGG, continued:) 1984, he has indicated that since the building is not a dwelling, its principal use is storage of the owner's own materials and equipment. It is the understanding of this board that only materials and equipment owned by the property owner has been stored, and no leasing or rental of the premises shall be intended, nor shall the operation of a business or similar-type of establish- ment be permitted. 5. A Certificate of Occupancy, No. Z10789 was issued on November 23, 1981 (to Irene Cardinale) indicating the premises with nonhabitable building conforms to the zoning code. In considering this appeal, the board finds and determines that: (1) the relief requested will not be detrimental to adjoining properties; (2) there will be no substantial change in the character of this district; (3) the relief requested will not cause a substantial effect of any increased population density; (4) the circumstances of this appeal are unique; (5) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (6) the interests of justice will be served by granting the variance applied as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No~ 3358 in the Matter of GEORGE AND ALICE GLOGG for permission to con- struct addition of a size 25' by 40' (1000 sq. ft.) at the northerly (rear) end of the existing barn structure, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. "All storage must remain inside the building only~ 2. The subject addition not to be placed any closer than established setback from east line at 15'2" and no closer than 28feet to the westerly property line; 3. If the building is converted in the future to one-family dwelling use, same must meet all building, zoning and other regulations; 4. This variance approval is limited to allowing those uses as permitted by the zoning code for this zoning district. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. Southold Town Board of Appeals -8- September 12, 1985 Regular Meeting PENDING DECISION: Appeal No. 3385: Application of JOHN MITSINIKOS AND OTHERS, 72A Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct tennis court in frontyard area and fence in excess of four-feet in height as restricted by Article XI, Section 100-119.1. Location of Property: 7120 Nassau Point Road (a/k/a 150 Bridge Lane), Cutchogue, NY; County Tax Map District 1000, Section 111, Block 15, Lot 4.1 (4 & 5). Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on August 22, 1985, in the Matter of the Application of JOHN MITSINIKOS AND OTHERS, Appeal No. 3385; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter; and it is noted that there has been no public opposition; and WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to locate a 120' by 60' tennis court with 12'-high fencing in the frontyard area of the premises in question, approximately 44 feet from the easterly property line along Nassau Point Road, and approximately 120 feet from the southerly property line along Bridge Lane, Cutchogue, NY; County Tax Map District 1000~ Section 111, Block 15, Lot 4.1 (4 & 5). The fencing is proposed to be only around the perimeter of the tennis,court structure. 2. The premises in question contains a total lot area of 1.14 acres and is improved with a single-family, two-story frame house situate 160 feet from Bridge Lane and 100 feet off Nassau Point Road at the northwest corner, 20± feet from the northerly property line. 3. Upon investigation and in light of the circumstances of this property~ its present building, and its single-family use, the board finds the area chosen to be the most feasible, parti- cularly since the rearyard area is very limited (even for a small accessory building). (CONTINUED ON PAGE 9 ) Southold Town Board of Appeals -9- September 12, 1985 Regular Meeting (Appeal No. 3385 - JOHN MITSINIKIS, decision, continued:) In considering this appeal, the board finds and determines that: (1) the relief requested will not be detrimental to adjoining properties; (2) there will be no substantial change in the character of this district; (3) the relief requested will not cause a substantial effect of any increased population density; (4) the circumstances of this appeal are unique; (5) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (6) the interests of justice will be served by granting the variance applied as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3385 in the Matter of the application of JOHN MITSINIKOS for a 120' by 60' tennis court with 12' fencing around the perimeter thereof, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Fence not to exceed 12' from plane surface (in height); 2. There shall be no obstrusive lighting; 3. The placement of the subject tennis court and fencing shall be no closer than 44 feet to Nassau Point Road and no closer tha 120' to Bridge Lane, as requested in the application; 4. There shall be screening (evergreens) or similar hedge- type shrubbery along the fence area off Nassau Point Road; 5. This variance is only for the tennis court and fencing and does not recognize approval of any other structure(s) in the frontyard area at this time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. Soutbold Town Board of Appeals -10- September 12, 1985 Regular Meeting PUBLIC HEARINGS FOR NEXT REGULAR MEETING: In reviewing the new applications pending, motion was made by Mr. Douglass, seconded by Mr. Goehringer, that it be RESOLVED, the following applications be and hereby are scheduled to be held for public hearings at the next Regular Meeting of this board, to wit: THURSDAY, OCTOBER 3, 1985, to be held at the Southold Town Halt, Main Road, Southold, New York~ and that it be further RESOLVED, the Secretary, Linda Kowalski, is hereby authorized and directed to advertise notice of same pursuant to law in the local and official newspapers of the town, to wit: The Suffolk Times, Inc. and the Long Island Traveler-Watchman, Inc.: 7:35 p.m. PETER AND HELEN PURIC, Appeal No. 3401 Variance to Art. III, Section 100-31 to construct addition with reduction in total sideyard area. 1250 Second Street, New Suffolk, NY; 1000-117-07-23. 7:40 p.m. JANE M. WREN~ Appeal No. 3398. Variance to expand nonconforming building by more than 50% of fair value. 3355 Soundview Avenue, Mattituck. 7:45 p.m. WILLIAM NEDOSZYTKO, Appeal No. 3395. Variance for approval of insufficient lot width (road frontage) of this proposed 80,000 sq. ft. parcel to be set-off.from 27.934 acres. W/s Aldrich Lane, Mattituck. 7:50 p.m. DONALD W. AND JUDITH LUCHSINGER, Appeal No. 3397 - Variance to Art. XI, Section 100-119.2(B) for permission to construct addition to dwelling with insufficient setback from the ordinary highwater mark along Deep Hole Creek, premises known as 820 Lupton's Point, Mattituck. 7:55 p.m. HOWARD HOEY, Appeal No. 3391. Variance to Art. III, 100-31 for approval of insufficient lot area and width of one parcel in this proposed division of land. S/s Main Road, Orient. 8:00 p.m. PHILIP G. HORTON, Appeal No. 3392. Variance to Art. III, Section 100-31, and Art. VI, Section 100-61, for approval of insufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY. 8:05 p.m. THEODORE AND MARIE PETIKAS, Appeal No. 3389. Variance to Art. II, 100-22(D) to utilize entire premises located partly in "A" and partly in "B-Light Zones for Southold Town Board of Appeals -ll- September 12, 1985. Regular Meeting (Public Hearings for 10/3/85, continued:) use of entire premises as permitted by Art. Vt, Section 100-60 "B-Light" Business. Corner of North (Main) Road, and Sound Road, Greenport. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. PENDING DECISION: Appeal No. 3386 - NICHOLAS TSIRKAS. The public hearing on this matter was held on August 22, 1985, at which time the hearing was concluded pending requested communica- tions from the Soil and Water Conservation Service. To date, a response has not been received and the board chose not to deliberate or take action until either a response has been received or at the next available meeting date. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to declare the following Environmental Declarations indicating nonsignificant effects on the environment pursuant to Part 617 of the implementing regulations to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold~ Notice Of Determination Of NOn,Significance APPEAL NO. 3394 PROJECT NAME: Stephen Eggers~ This notice is issued pursuant to Part 617 of the implementing regulations pertainin§ to Article 8 of._the N.Y~S. Environmental Qu.~l]ty..Review Act of the Environmental Conservation Law and Local ..La~. ~4-4 of the Town of Southold. This board determines the within project not to have a significant adverse effect on the environment for the following reasons: (1) An Environmental Assessment in the short form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be im'plemented as planned; (2) The property in question is at an elevation of 10 and more feet above mean sea level. Southold Town Board of Appeals -12- September 12, 1985 Regular Meeting (Environmental Declaration Eggers, continued:) Type of Action: [ X ] Type II [ ] Unlisted [ ] Description of Action: Variance to construct accessory bath- storage structure in rearyard with an insufficient setback from ordinary highwater mark. Location: 6675 Nassau Point Road, Cutchogue~ New York. S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3387 PROJECT NAME: ALICE HUSSIE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE-OF ACTION: [ ] Type II ~ ] Unlisted [ ] DESCRIPTION OF ACTION: Speci-a] Exception to establish tennis and recreational facilities in this "B-1 Zone. LOCATION OF PROJECT: Town of Sou~hold, County of Suffolk, more particularly kngwn as: Four plus acres along the west side of Horton Lane, Southold, NY. REASON[S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form'has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) ThesPr0perty in question is not ]0cared within 300 feet of tidal wet]and (or other critical envir0nmenta] area). (3) This project is not directly related to new construction. Southold Town Board of Appeals -13- September 12, 1985 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3379 PROJECT NAME: RUTH ENTERPRISES ~-- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE~OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: ~a~a~'~sl (l~_Y0r permission to construct shopping center on less than one acre and less than t50' lot width; (2) construct building.with insufficient sidexard~; "(3) [ess than 26 parkign spaces. LOCATION OF PROJECT: Town of Southold~ .County of Suffolk, more particularly kngwn as: South Side of C.R .... 48~ Pec0nic, NY.. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is more than ~00'- from tidal' wetlands (or other critical environmental area). Southold Town Board of Appeals -14- September 12, 1985 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3390 PROJECT NAME: RICHARD AND DIANE ALLEN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N,Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southo!d. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should no~ be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ~ ] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for permission to construct new single-family dwelling with an insufficient rearyard setback (at 46'). LOCATION OF PROJECT: Town of Southold, County-of Suffolk, more particularly known as: Private right-of-way located off the south side of Indian Neck Road, Pec0nic, NY. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is at an elevation of more than lO feet above mean sea level. Southold Town Board of Appeals -15- September 12, 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRON~NTAL DECLAP~TION Notice of Determination of Non-Significance APPEAL NO.: 3393 PROJECT NAME: BARBARA 'D. SCHRIEVER This notice is issued pursuant to Part 617 of the J2~plementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the enviror~ment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: £ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for p6rmissi'on to establish woodworking and metal shops,~ 'art studio a~d a~partment in existing buildinq]ocated in this UB~Liqht~' Business Zonin_g District. ~LOCAT'ION OF PRQJEC~: --Town of Southold~ County of Suffolk, more p~rti~cularly kn_own as~' West Side of Tabor ~R0ad~ O~ient~ N~'C0unty Tax Map Parcel ID No. 1000-25~5-12. P~EASON ['S) SUPPORTING THIS DETEP~INATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be ~J~ple- mented as planned; . . (2) The' property in question is not located within 300 feet of tidal wetlands or critical environmental area. (3)__ This project Cs not direct'13{._related to new construction. Southold Town Board of Appeals -16- September 12, 1985 Regular Meeting (Environmental Declarations, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. APPROVAL OF MINUTES: On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to approve the Minutes of the August 22, 1985 Regular Meeting of this board as submitted. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. NEW APPLICATIONS FOR REVIEW AND FIELD INSPECTIONS: The board-reviewed each of the f~llowing matters which were recently filed and indicated that the tentative' hearing date would be on or about Odtober 24, 1985, **except as noted: Appeal No. 3400 - JAMES R. AND MARY M. TYLER. Special Exception to operate public garage on premises loCated at~6 North Si~e of Main-Road', Laurel; Minor Subd. Lot #3 of Mattituck Holding Corp. (**Planning Board comments expected by 10/7). Appeal No. 3402 EMILIA T. PIKE~ Proposed set-off division, lots havina insufficient area and width. N/s Main Road, Mattituck.~Planning Board comments expected by 10/7). Appeal No. 3391 C. BRUCE STAIGER. Re-separation of two par- cels as existed in 1952. Two lots, each having insufficient arga and lot width. East Side of Wells Road, Peconic.(**DEC & PB) Appeal No. 3403 - ANNA LORIA. Proposed set-off division, lots having insufficient area and width. West Side of First Street, New Suffolk, NY. (**Await Co. Health Art. VI and PB). There beisg no~ 6~th~e~"~usi~'hess properly coming before the board at this time, m~,~i.on was ~a~e. by, Member Sawicki, seconded by Mr Goehrinner, ~to adjourn~ Thi's'resolution was unanimously ca~r~i"ed, an~ the mee~in]g~'~'~'~<o~fic!ialty adjourned at 9:30 p.m. ~ ~.~. ~ .... ' ~spectfu~l~ly submitted, · · ~' ~ ...... ~ ~~'~ ~?~K' o~ tary ~z~ppro~ve~~~ ". Southold Town Board of Appeals Gerard P. Goeh~inger~~ Chairman TRANSCRIPTION OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS MEETING OF SEPTEMBER 12, 1985 7:35 p.m. APPEAL NO. 3387 - Public Hearing was held in the Matter of ALICE HUSSIE. Special Exception to the Zoning Ordinance, Article VII, Section lO0-70(B) to establish tennis and recreational facilities in this "B-l" General Business Zone. West Side Horton Lane, Southold, containing 4+ acres. The Chairman opened the hearing at 7:35 p.m. and read the notice of hearing and application for the record4 CHAIRMAN GOEHRINGER: I have a copy of a site plan from Thomas Joseph Pirkl and Associates, Architects, from West Islip dated 6/5/85, and a site plan Updai~ed 8-20-85, indicating a one-story indoor tennis court that says "deco turf surface" and it appears to be four outside courts adjacent to that. And I have copy of the Suffolk County Tax Map showing this and surrounding properties in the area. Would somebody like to be heard in behalf of her application, Mrs. Hussie? ALICE HUSSIE: Alice Hussie, Southold. This is a business zone, and I do feel while the zoning --whatever it is--the code '-"Yes we can have tennis courts," I see no reason why doesn't says.. we shouldn't be able to. MR. CHAIRMAN: We'll ask you the same questions we ask everybody that proposes an outside tennis court, and that is, do you intend to have lighting on them so that they would be used at night? MRS. HUSSIE: That is doubtful. MR. CHAIRMAN: And in the building itself, the rear part of the building is a one-story building; the front part of the building is a two-story building. MRS. HUSSIE: Right. MR. CHAIRMAN: building? What will~ be contained in the front part of the Southold Town Board of Appeals -2- Transcript of Hearings September !~ 1985 (Appeal No. 3387 - ALICE HUSSIE, continued:) MRS, HUSSIE: In the front part of the building will be locked rooms, administration offices, waiting room, observation deck. MR, CHAIRMAN: And this will be open to the public or will it be a membership type of organization? MRS. HUSSIE: Both. MR, CHAIRMAN: Both. There was one other question, and it has slipped my mind Let's see if anybody else has any questions, ok? I'll get back to you. Thank you. MR,.CHAIRMAN: Is there anybody else to be heard in behalf of this application? Anybody like to speak against the application? Questions from board members? (None). You have recently received your approval from the Planning Board, I believe we havew a letter in our files. Is that correct? MRS. HUSSIE: Yes. MR, CHAIRMAN: Reading the letter, it indicate~: "RESOLVED that the Southold Town Planning B6ar~ refer the following recommenda- tions to the Board of Appeals for the review regarding the Special Exception application. The Planning Board reviewed the site plan and are in favor of the proposed use for the area. Setbacks are in excess of what is allowed, and therefore the proposed building is set back far from the road, and the height and use would not be a detriment to the area." Ok. I thank you very much, Mrs. Hussie. I will make a motion closing (concluding) the hearing and reserving decision until a later time. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close (conclude) the hearing and reserve decision until later, in the Matter of Appeal No. 3387 - ALICE HUSSIE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. The Chairman indicated that t'he board would probably address this matter at the next meeting, in approximately two weeks; how- ever, the applicant's presence or furbher input was not necessary. Southold Town Board of Appeals -3- Transcript of Hearings September 12, 1985 Regular Meeting 7:40 p.m. APPEAL NO. 3390. Public Hearing was held in the Matter of RICHARD AND DIANE ALLEN. Variance.. to the Zoning Ordinance, Article III, Section 100-31, to construct new single-family dwelling with an insufficient rearyard setback. Private right-of-way off the South Side of Indian Neck Road, Peconic. The Chairman opened the hearing at 7:40 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey from Roderick VanTuyl, P.C. dated December 14, 1978 indicating a lot with a variable width of 134.81 feet by 416.93 feet, pencilled-in house of approximately a variable 38 by 46' plus, showing a rearyard deficiency-- actually the deficiency Ts four feet but the rearyard requested is 46 feet. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties int he area. Would somebody like to be heard? Mr. Allen? RICHARD ALLEN: Well, basically, I'll answer any questions. If you want, I'll describe it. The lot is narrow and without giv. ing us the four-foot requirement, I'm restricted to a house that is ~only 34~ feet deep. I didn't want to build a ( ) I wanted to build some- thing with lines so I could have, you know, ins and outs, that's why I wanted to build it 38 feet. MRL CHAIRMAN: In width. MR. ALLEN: In width. Yes. MR. CHAIRMAN: on it. I see. Oh, I see. The other one didn't have the garage MR. ALLEN: garage.. Plus the house will be about 81 feet long with the MR. CHAIRMAN: What's the approximate square footage of the house? MR. ALLEN: It'll be approximately 2800. MR. CHAIRMAN: One story or two story? MR. ALLEN: Two story. MR. CHAIRMAN: Ok. We've all been down there and we've had a heck of a problem trying to take a picture. It's kind of dark down there with all the trees hanging over it. But I managed to get a couple of pictures and we're all aware of the area. And we'll do the best we possibly can to try and help you out on this. What's your SOuthold Town Board of Appeals -4- September 12, 1985 Regular Meeting TranscriPt of..Hearin§s (Appeal No. 3390 RICHARD AND DIANE ALLEN, continued:) MR. CHAIRMAN (continued): time limit on this? When do you want to build? MR. ALLEN: I want to start, you know, before the cold weather starts. But I really am holding back on formalizing my plans until I know whether I get the variance or not. MR. CHAIRMAN: We'll do the best we can for you. We can't act on it tonight but it will be within an approximate two-week period. Thank you. MR. ALLEN: Ok. Thank you. Would anybody else like to be heard in behalf of this application? Anybody like to speak against the application? Questions from board members? Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing and reserve decision until later in the Matter of Appeal No. 3390- RICHARD AND DIANE ALLEN. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 7:45 p.m. APPEAL NO. 3394. Public Hearing was held in the Matter of'STEPHEN EGGERS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) to construct bath-storage struc- ture with insufficient setback from landward edge of tidal wetland at 6675 Nassau Point Road, Cutchogue, NY. The Chairman opened the hearing at 7:45 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated July 27, 1977 from Roderick VanTuYl, P.C. with a pencilled-in, proposed new building~ It appears to be 14 feet from the existing bulkhead, a building approximately 12' by 16' And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area, Is there somebodY who'would like to be heard in behalf of this application? WILLIAM BERKOSKI: I'm here to represent Mr. Eggers. CHAIRMAN: Could we have your name, sir? Southold Town Board of Appeals -5- September 12, 1985 Regular Meeting Transcript of Hearings (Appeal No. 3394 - STEPHEN EGGERS, continued:) WILLIAM BERKOSKI: questions on this. William Berkowski. In case there are any MR. CHAIRMAN: Yes. Could you tell us how far to the north the building would be placed? To that right-of-way on the one side, that paper road. MR. BERKOSKI: That would be to the south of the right-of-way? MR. CHAIRMAN: Yes the building's to the south, but I don't have any dimension of how far the building would be. MR. BERKOSKI: Do you have the stairway there? MR. CHAIRMAN: Yes. MR. BERKOSKI: Well, approximately 20 feet from the stairway. MR. CHAIRMAN: It shows on the survey two bulkheads. correct, sir? Is that MR. BERKOSKI: Yes, it is. MR, CHAIRMAN: bulkhead basically. So this is mounted right on top of the second MR. BERKOSKI: That's correct. MR. CHAIRMAN: ties in this? Ok. Did they propose to put any lavatory facili- MR. BERKOSKI: None. MR. CHAIRMAN: No electricity? MR. BERKOSKI: showering or bath. There might be electricity but no facilities for MR. CHAIRMAN: Strictly storage then. MR. BERKOSKI: Strictly storage for boating and fishing. MR. CHAIRMAN: wood construction? And it's a one-story structure of, we would assume MR. BERKOSKI: ThatLs correct. Southold Town Board of Appeals -6- September 12, 1985 Regular Meeting Transcript of Hearings (Appeal No~ 3394 ''STEPHEN'EGGERS, continued:) MR~ CHAIRMAN: T'hank you very much. Is there anybody else to be heard in behalf of this application? To speak against the appli- cation? Questions from board.members? (None) Hearing no further questions~, I~ll make a motion closing the hearing until later° MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was. RESOLVED, to close (conclude) the heari"ng and reserve decision until later, in the Matter of.Appeal No. 3394 STEPHEN EGGERS. 'Vote of the Board: Ayes: Messrs~ Goehringer, Grigonis, Doyen, Douglass and SaWicki. This resolution was adopted by unani- mous vote of all the members.. 7:50 p.m. APPEAL NO. 3379. Public Hearing was held in the Matter of'RUTH'ENTERPRISES. Variances to the Zoning Ordinance, Article VII, Section lO0~70(A) for: (1) permission to construct shopping center in this "B~-I~' District containing less than one acre in area and less than 150 ft. lot width, Art. VI, Section 100-62[B]; (2) permission to construct building with insufficient sideyards; (3) .approval of less than 26 parking spaces as per Notice of Disapproval dated June 10, 1985. South Side of C.R. 48, Peconic, NY. The Chairman opened the hearing at 7:50 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a site plan dated June 27, t985 indicating a proposed buildin.g of approximately 60' by 90' and site plan including approximately 15 parking spaces, seven of which will be in front of the building, and approximately the remaining in the rear with a setback of approximately 24 feet from the west side and 15 feet from the east side. And I have a copy of the Suffolk County Tax Map indicating this property and surrounding ~roperties in the area. Mr. Cornell, would you like to be heard? JOSEPH C~ CORNELL: We have complied with the recent recommendations of the Planning Board which state that the existing building as well as a mobile home would be removed. Also that the floor plan would be incorporated in the site plan, which has been done~ in order to facilitate, I guess, the Southold Town Board of Appeals -7- September 12, 1985 Regular Meeting Transcript of Hearings (Appeal No. 3379 RUTH ENTERPRISES~ continued:) MR. CORNELL: parkig area of it. the application. answer them. The rest of it I guess is self-explanatory within If there are any questions, I'll be happy to MR. CHAIRMAN: separate stores? You'll have three stores approximately, three MR. CORNELL: Three. Yes. One would be an office for my son. The other would be two other offices° MR. CHAIRMAN: You don't'propose any high-volume businesses in here, do you. Like a Carvel, or anything of that nature? MR. CORNELL: No way. MR. CHAIRMAN: I have to ask the question. MR. CORNELL: Yes, I realize that. Yes. MR. CHAIRMAN: And it's a one-story building. MR. CORNELL: Yes. One-story. Is that correct? MR. CHAIRMAN: What kind of construction will it be? MR. CORNELL: Is that masonry, Cliff? Masonry? MR. CORNELL: Yes. MR. CHAIRMAN: Thank you very much. Would anybody else like to speak in behalf of this application? Anybody like to speak against the application? Questions from board members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserv- ing decision until later. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing and reserve decision until later, in the Matter of Appeal No. 3379 - RUTH ENTERPRISES. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawickio This resolution was adopted by unani- mous vote of all the members. Southold Town Board of Appeals -8- September 12, 1985 Regular Meeting Transcript of Hearings 8:00 p.m. APPEAL NO. 3393: Public Hearing was held in the Matter of BARBARAiD. SCHRIEVER. 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. The Chairman opened the hearing at 8:00 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map dated June 27, 1969, indicating'the barn on a piece of property of 0.528 acre. It does~not show the actual size of the barn, however, the parcel is approximately 100 by 186' And I have a copy of the Suffolk County Tax Map indicat- ing this and surrounding properties in the area. Who would like to be heard in behalf of this application? Yes, Mr. Cuddy~ CHARLES R. CUDDY, ESQ.: come up? Would you like me to stay back here or MR. CHAIRMAN: Whatever you'd like. system. Whatever you would like, sir. We have a new recording MR. CUDDY: I'm Charles Cuddy. I appear on behalf of the applicant, Barbara Schriever. As the board is aware, in 1969 Mrs. Schriever appeared here, and I assume at that time not all of ~bem~were~.~the, present members of the board. Mrs. Schriever had asked for a variance to the then zoning ordinance, and had obtained that variance in June of 1969, and as you indicated she was allowed to store heavy construction equipment, as well as 50 tons of sand, gravel and topsoil at the site..:'That building was then in existence and of course is continued to date roughly for the same uses as this variance was granted. I would l~ike, if the board does not have a copy, to Offer up to the board as part of the record a copy of that 1969 variance. MR. CHAIRMAN: I don't have it in the existing file, I have the old file, the prior file. MR~o~CUDDY: And I also have a copy for each member of the board, in case you would like to take a look at it. MR. CHAIRMAN: Thank you. (Mr. Cuddy gave each' member and the Chairman a copy of the June 12, 1969 decision under Appeal No. 1260.) Southold Town Board of Appeals -9- September 12, 1985 Regular Meeting Transcript of Hearings (Appeal No. 3393 - Hearing continued~ BARBARA D. SCHRIEVER:) MR. CUDDY: The property is roughly a half acre It's on the West Side of Tabor Road; it's use as indicated has been for the storage of equipment. Mr. Schriever~ Mrs. Schriever for a period of time have tried to sell that particular property. It's somewhat difficult to sell in its present condition, in fact, as is]is a difficult sale of itself° I've asked Marilyn P. Norkelun~ who is an appraiser and a real estate broker to give us an affidavit. She couldn't be here tonight. She has given me that affidavit, to the effect that this particular property would be very difficult to sell as it is, and also in connection with the present zoning. A~d I would hand up a copy of that affidavit also to you~ and I have:one for the members of the board. (Mr. Cuddy handed a copy of the September ll!, 1985 Affidavit signed by Marilyn P~ Norkelun and notarized.) MR. CUDDY: i' think that what Mrs. Norkelun ~concludes is that it's difficult to use this property as it is in its present zone, and that what is proposed is probably the most appropriate use and also the one use that would yield frankly a fair ireturn to the applicant. And the type of use that's now proposed is a multi- faceted use. On the first floor is proposed to have what is, in effect, a machine-type shop combined with an artist's stu!dio, and on the second floor to be used as an apartment. The neighborhood surrounding, and I'm sure most of you are familiar with the area, but on the north is a cemetery, basically all around the property it's vacant land at this point. But in Orient, this happens to be land that is zoned right now "Light Business." It's our belief that to use to land as it's presently zoned you would have to use it on a much larger scale, that is, you could use it for retail business. I don't think the board would prefer to have a large retail store or a restaurant at that particular site. This type of use is going to confine itself to the building. It's a very specialized use. I think it would filt in well with the area that it's in. We happen to have a large gist of people with us tonight because the applicant, who is Mrs. Schriever, is under contract to sell this to the people who are going to operate Southold Town Board of Appeals 10- September 12, 1985 Regular Meeting Transcript Or.Hearings. (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. CUDDY (continued): it. Mr. Sperber, who is going to be the person in charge of the building, is going to house his business in the building, is here. We've saved the best for last because he's got some, I think, very fine pictures of the building as it is now and as it will be in the future. MR. CHAIRMAN: the building? Do you have any idea, Mr. Cuddy, the size of MR. CUDDY: Yes. Right now, I understand from Mr. Schriever, it's 6,600 sq. ft. I have a map that was the same map that the board has, and I had Mr. VanTuyl put the dimensions on it, and I'll hand up a copy of that also. (Copy given to Chairman). MR. CHAIRMAN: Oh, that's good. Thank you. MR. CUDDY: I think I have enough to go around for everybody. (Copies were also given to other board members.) MR. CUDDY: This shows the building before the addition was put on at the rear, and Mrs. Schriever indicates to me that that's roughly 1,000 sq. ft., so that the first floor that shows 5,600 is actually 6,600 sq. ft. MR. CHAIRMAN: That was my next question, "Had there be.~n any additions to the building?" Thank you. MR. CUDDY: We pouched the application in terms of use. Mr. Lessard had discussed this with us a while ago, many months ago, and I thank him for responding to inquiries that Mr. Schriever and I made, and I'd like to make part of the record his response to the inquiries of this particular use that we propose, because I think he indicates the way we feel. And that is, that it's an upgrading use. I'd like to make that as a part of the record, and that is a copy of his letter back to me concerning these particular uses. (Copies of February l, 1985 Letter from Victor Lessard to Esseks, Hefter, Cuddy & Angel submitted for the record indicating the uses are in his opinion more upgrading, more confining in nature and more controllable, and copies given to board members and Mr. Lessard.) MR. CUDDY: I would just like to say one further thing. In connection with Mr. Lessard's letter, and our present application, Southold Town Board of Appeals -ll- September 12, 1985 Regular Meeting Transcript of Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. CUDDY (continued): which is again couched in use terms, I also believe that what we're asking for is tO.amend the existing variance, and I think that the power of the board has to act under is right in the zoning code. You have provision in the code that you can take an existing noncon- forming use and upgrade that existing nonconforming use~ I've never been sure whether you had to apply to the board or not, but we're certainly here to make the application. I believe that in each of the cases that I've just indicated to you, the machine-type shop, the artist studio, and even the living area, is certainly an upgrading from the nonconforming type of existence that's there now, which is really industrial-type use. And so I submit that not only is the use is ~t appropriate, but also under that portion of the code dealing with nonconforming uses. I'm essentially finished but I certainly would like Mr. Sperber to speak and perhaps Miss Wickham to speak also. MR. CHAIRMAN: What you're asking for then is basically a modification of the existing use variance. MR. CUDDY: That's right. ABIGAIL WICKHAM, ESQ.: I'd like to address the board on behalf of Henry Randall and his daughter and son-in-law, Robin and Maggy Sperber, who are under contract to purchase the property in the event this use variance is granted. On behalf of the application, the practical difficulty and unnecessary hardship as far as we're concerned is that most of the proposed use of the building will comply with zoning. A very small portion that Mr. Sperber will describe as his machine portion is technically within the indus- trial portion of the code. It was actually--the actual usage he will be making in that portion of his business is probably no more offensive than what's allowed in "B-Light" and certainly not more offensive than what's under the existing use variance that was granted several years ago. The application, I think, is unique because th~s specific type of use was probably never contemplated at the time they drafted the C-sections of the_code~ That section was very, very broad, and this is a much more -- less offensive use than they probably had in mind. Moreover, the character of the distr~ct will not be adversely affected~ In fact it will actually be improved, and I don't believe there would be any adverse impacts on the neighborhood at all. I'm going to let Mr..Sperber do the talking in terms of what type of use specifically is going to be used, and where in the building. Southold Town Board of Appeals -12- September 12, 1985 Regular Meeting Transcript of Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEvER:) MISS WICKHAM: (cont~lnUed): But by way.of introduction~ I would just like to say that this is a quiet, clean., unoffensive business w.hich is a type that I think Southold has .been looking for for a number of years. They're young people who are going to make a home here, provide some employment in the tax base, and I hope that you will be receptive to their proposal. MR. CHAIRMAN: Thank you, ROBERT SPERBER: I'm Robert Sperber. The use of the building--I have some plans here. I can give you the rough sketches that we've done. MR. CHAIRMAN: I think I have that. to the other board members. Why don't you pass that down MR. SPERBER: These are one of the upstairs and one of the downstairs as we propose to modify it. The downstairs is pretty much as it now exists. It needs some finish works but the divisions of the room are pretty much as they exist and the upstairs is, does not exist, ,-the outer shell does, but the interior is different. That's what we were going to do. The upstairs we propose to use for our own living space and the downstairs would be used for Maggy'~s artist studio. She's an artist. And I show I believe on the downstairs plan the back part. This is a paper road on here. The back addition, which is the part that has been added, is her artist studio, and then my business, which-- I brought some brochures I will leave with you - Sperber Tool Works, is an existing business now in New Jersey where we currently live. And we want to move it. And it entails a number of different things. This large area here we really don't plan on doing much but just leave it as a large open garage area now and we're not going to touch that--and just use it for any storage. We don't have much use in mind for it. The -- next to the studio, the space here would be used as an office, and the two shop spaces would be a woodshop and a metal shop, and as the brochure shows, the machine that I manufacture is a portable saw mill. We don't use it there but we make it. And it entails mostly very light aluminun fabricating. And it's done on a very small scale. It's a mail-order business. We sell all over the country, and to Africa, England and a number of other countries. And it's all done by mail.. So as long as I have a telephone and the UPS man -- that's what I would really be relying on. The mail and the phone. The fabrication of it would be done in the metal shop here. I've been in business since 1977, and I currently work by myself and often with one parttime employee, who manufactures the parts for me. It's Southold Town Board of Appeals -13- September 12, 1985 Regular Meeting Transcript of Hearing_s (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. SPERBER (continued): pretty small volume type of thing. And over the years it's been pretty much just steady volume. And that would be done in the metal shop. Most of my work is office work--in that I'm sending out bulk mailings and that sort of thing. I magazine advertise and then solicit through the mail to sell the machine. And I've also in addition to manufacturing that machine, I also sell other heavy woodworking equipment, which I don't handle at all. It's shipped from Connecticut, from a warehouse, and I through the mail and through videotapes of the way the machines work, we magazine adver- tise and then sell through the mail like that. So it's really an office business. That whole part of it. MR. CHAIRMAN: You actually fabricate the aluminum that goes on these chainsaws? MR. SPERBER: On the saw mill. Yes. You see, in the photo- graph, there are two chainsaw engines that we are just a dealer for. They're made in Germany, and we sell those. The roller assembly that you see there is what we fabricate which entails-- we get raw stock in. It's cut, drilled, laze-work, milling-machine work, and ( )-work. That's most of it. There are no punch presses or anything like that. The wood shop--my whole background, how I got into saw mills is being a cabinet maker. And I do some, not too much, but some work which I exhibit in East Hampton and New York City, custom furniture. But that's on a very small scale, and I don't get too involved in that. But that's what it came from, and I would set that up as a wood shop. I don't currently have any other commercial woodworking activities--other than I like to do. That's really the proposed use. The metal shop for fabricating the saw mills and mostly office. That's really what the bulk of my time is spent at. Like I said, I currently have one parttime employee. You know, as I'm getting more into the woodwork and machinery to try to grow a little bit, and in that I would need more office help. I don't plan on manufacturing any of the machines. MR. CHAIRMAN: yourselves. You would, of course, be utilizing the upstairs M'R. SPERBER: Ourselves. Yes~ Southold Town Board of Appeals ,14- September ]02'f1985 Regular Meeting ~-Trans. crip~ Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. CHAIRMAN:. How much of a volume would you say that you would have in a business of this nature, the existing business that you have. I'm not asking for dollars, I'm really asking for units sold on a yearly basis. MR. spERBER: Ok. I sell anywhere from 150 to two or three hundred units a year. And usually what I--the way I run the manu- facture of it is in the summertime usually I hire mostly unskilled help. Currently I have one person. Sometimes I'll hire two, summer help, and run through a run of the machines I'll manufacture, usually about 200 of all the parts I need. Enough~for 200 machines. And then during the year, I sell them and I did the packing and shipping myself and the office work myself. That's the kind of thing--there's a steady need for that type of machine, but never since I've been doing it--the last eight years, never something that really catches fire, you know. It's slow and steady. About an average of 150 to 200 machines a year. I was selling more overseas when the dollar was weaker, but that's kind of cut down. It's not much of an income-bearing thing--it's more for fun. It's the woodworking and machinery that I'm getting into. That's profitable and leaning more towards -- I can leave this. I also brought some photographs of the buildings and some study sketches that Maggie did of what we planned to do with it. This is up front. And this is a view from Tabor Road, you can't see it through the weeds, but the road is right in there. And that's the building as it exists, a week or so ago. And we would in the metal shop area here, we're going to remove these doors. That's used as a garage now. I don't want the garage. We would leave the door here. And Maggie did a little drawing that I could leave with you. A little sketch of what we want to do. Being that we want to live there, we want to landscape a little bit--not too much. Put some plantings in and keep it as our home. MR. CHAIRMAN: Thank you. That's very nice. MR. SPERBER: And I have some others. This is the back; this is the addition that hasn't been completed. It's structurally fine. It's just isn't completed. And here's a drawing sketch of w. hat we propose to do with that. MR. CHAIRMAN: This would be the artist studio? MR. SPERBER: That would be the artist studio below, and living space above. Yes. And this is another photograph from Main Road as Southold Town Board of Appeals -15= September 12, 1985 Regular Meeting Transcript of Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. SPERBER (continued:) ~t exists now. Quiet neighbors (cemetery). MR. CHAIRMAN: Haven't been around for a long time. MEMBER GRIGONIS: And won't for a long time. MR. SPERBER: I like that. MR. CHAIRMAN: The only thing that I don't really understand is the question that I was going to ask you before, and that was, what about parking? I realize this is not a high volume business but have you made any provisions for parking at all? MR. SPERBER: Yes. that I did. We-- This is a drawing of the site plan MR. CHAIRMAN: I have that. MR. SPERBER: Most of it we don't want to change. I believe this is the property line, the road is upfront. We propose to have four parking spaces here with another two if we need it. We each have a car, two and a few extra. But we would like to keep the parking in the front. And keep the back as our yard. Keep it as nice a lawn as you can keep it and fix it as long as it's real nice there. I'd like to have a patio back there. Keep that more as a personal side of it. Right now this is just some grass and some gravel. That's what we plan. (The Chairman located copy in ZBA file for reference.) MR. CHAIRMAN: This is the one. I'm sorry about that. MR. SPERBER: Do you want another copy of that? MR. CHAIRMAN: No, that's ok. Can We have that one (for County Planning). Thank you very much. That is very interesting. Is there anyting else you would like to say, Miss Wickham? MISS WICKHAM: Yes, regarding your question about the use of the residence. It's certainly t~he~irintention at this point to live there, but I don't know if they want to be tied to that indefinitely~ At this point, they want to live there. Pe~hap§ down the road they might want the ability to be able to'l~ve elsewhere than in the business. If you were concerned about requiring not necessarily~the owner-occupied but perhaps in a plea of the building in terms of a Southold Town Board of Appeals -16- September 12, 1985 Regular Meeting Transcript of_Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MISS WICKHAM (continued): watchman or something like that, I think they would a little better able to live with that. MR. SPERBER: Yes. At this point we plan to live there. Down the road a ways, we would like to be able to buy a house and move away from the shop-keeping, the downstairs business area. MR. CHAIRMAN: That's a good point~ MR. CHAIRMAN: any questions? Just one other question-- did anyone else have MEMBER DOYEN: One that wasn't too relevant. curious what one of these devices cost? I was just MR. SPERBER: This is another piece of literature, a different model that has the cost in it. And those are costs including the ( ) to the dealer and the chain size. Basically, the idea of the machine is you can go out to where a tree has fallen and mill it to lumber, either boards or beams, that sort of thing. As a portable saw. Not to compete with the speed of a Commercial mill, the portability would go right into it - do specialty cabinets. I started out as a cabinet maker, and I was always so disgusted with the wood that I could buy commercially. From an artist's point of view, it wasn't what I wanted until I got involved with that. I sort of got side-tracked. MR. CHAIRMAN: The question basically is, what we're in effect asking for when I referred to thins, Mr. Cuddy, this probably reflects back to you conversation or presentation. We were talking about a modification of 1969 use variance. We're really in effect talking, and I hate to use this phrase, but I use it, "the death" of that particular application, or the demise of it. Is that correct? MR. CUDDY: When you say that, I don't~want it to be. iunderI stood that we're abandoning that, but what we're asking for is for you to amend that. When you amend it, buy that amendment it would then die. MR. CHAIRMAN: In other words what you're saying is, you're using the criteria for that application to grant a use variance which was so granted in 1969. That criteria that was~used is still in effect today, although you're asking for a modification of that. MR. CUDDY: Yes. And I think one of the basis for doing that is the ordinance itself that you can have upgrading from a nonconforming Southold Town Board of Appeals -t7- September 12, 1985 Regular Meeting Transcript~of Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. CUDDY (continued): use, which certainly this is at this point in time. ground for granting it. That's another MR. CHAIRMAN: Do you have any objection to that, Miss Wickham? MISS WICKHAM: MR. CHAIRMAN: To eliminating the heavy construction use? Right. MISS WICKHAM: No. MR. CHAIRMAN: Ok. Let's see if anybody has any comments. Would anybody else like to speak--Mr. Schriever, yes, sir? WILLIAM SCHRIEVER: I would like to address this on the issue that Charles Cuddy raised about the sale of the property because I think that's where the real meat of this thing lies. We acquired this property in 1969 from the Tabors who were farmers. And this was a farm building. The large section, 2200 sq. ft. room was a potato storage area, and the seed potatoes were stored in the cellar ano so forth and the tractors in that three-car garage in the front. And I had rebuilt the building and added to the building to make it a much better building then it was then, but it's still the same problems that apply now that applied then. It's a large building. It's much larger than you need to run a jewelry store for any kind of a normal B-Business area business, 6,600 sq. ft. on one floor and there's 2,000 more thousand upstairs and a thousand down. The business, when I bought the building, there was no business when I bought the building there was no business zoning there, but after I bought it there was a revision of the town master plan or something in which they came in and they zoned the section along Tabor Rod there "business" including this property. That's how it got to be B-Business. It didn't have that when the variance was granted. I made applications to get this property zoned for industrial over the years. I made applications to have more business property zoned on the other side of the street so that it could in fact be a business area, and that was denied. And it became very clear that this area could not be developed as a business area for Orient which was my original plan, and so then I had to decide what to do with this property. I made an application to upzone the business that was granted on the property -- to salvage the building, I had that upzoned to residential because there's not really any market for business property, and I wanted to have it marketable. So most of the business zone was wiped out in that application. But this was before I had a business and I couldn't, there wasn't any point in wiping this out because-- I was really operating on the variance and not on the B-business. A B-business zone provides for a retail-type business, and that Southold Town Board of Appeals -18- September 12, 1985 Regular Meeting T~nscript~..o.?.~earing~s~ (Appeal No. 3393 - Heari'~g continued,' BARBARA~D SCHRIEVER.:) MR~ SCHRIEVER' (continued)- does not~.eYen in.clude an automobile dealership. It doesn't include the things for wh. ich the building itsel..f is S_u.ited. 'You could put a restauran_t there~ You could pgt a'supermarket I gNgss. S.omething like that° But there are no other businesses in the area to draw the traffic, you see. That's the thing that makes i't virtually useless, is the fact that there'was no other business zoning g~n.%ed,' ~that would make a focus of business there to make the B-business work ~hat~s not necessary for a C-business use which is the current u.se. But there's a very limited demand for C-business property. Very limited~ There are other people in the community in the exc._avating business who could use that. building. There are some that would 16ve to have that building. To the 'best of my knowledge~ there are none that can'~affQrd to build. That's the problem. It isn't that there aren't peo.p.le that want it, It's that there is nobody that needs that much building or can afford to pay for that much building. And so that means the market for the building, and it's current use is zero. I mean, everybody knows about the building and they all know I want to sell it, and you know, the're isn't any market. So then there are other inquiries I've had about selling the property. One was from a fairly well-to-do Orienter who wanted to store antique cars in the building. Well, for his type of use, he didn't want to really upgrade it. He wanted to sort of use it as a warehouse in a sense, and he wasn't willing to pay what I wanted for the building or anything like that. There are two problems, I think, with finding a buyer. One is to find somebody that needs that amount of space and number two, to find somebody with the money necessary to put that building in the shape to suit whatever they want to do with it and to maintain it~ And I think that this particular situation is unique in that I believe that this family and this couple have both the need for the building and also have the resources to put the building in shape and maintain it. And I believe this is is for in a way the most attractive use that the building can be put to. In fact, it's in a residential area and they're applying to use it partly as a residence. So that seems to be entirely consistent. If it were used for what it's currently zoned for, that would involve a lot of traffic. And it would involve a lot of parking. And I have one acre of business property to the south of this which I kept because I thought it might be necessary to adjoin it to this in order to make the property saleable. These purchases do not need that parking, so it's not essential for them to have that piece of property. And it's not included in the contract° The current contract Southold Town Board of Appeals -19- September 12, 1985 Regular Meeting Transcript of Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:)- MR. SCHRIEVER (continued): of sale. And I think that's good for Orient in a sense that they're not going to create traffic. They're not going to create all that activity, so I think this is unique even though it isn't B-business for what it's zoned for. I think it's actually a better use in terms of the community than a B-business use would be. MR. CHAIRMAN: Thank you, sir. Is there anybody else to speak in favor of the application? Against the application? Anything from either attorney? (Nothing). Questions from board members? (None). Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, secondeo by Mr. Grigonis, it was RESOLVED, to close (conclude) the hearing in the Matter of Appeal No. 3393 - BARBARA D. SCHRIEVER, reserving decision until later. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. (The board did not render a decision since this matter along with the other matters which had hearings tonight were pending status under the SEQRA regulations of Section 617.7 for the 15-day period for comments or objections.) 8:48 Deliberations commenced on each of the following: Otto Zapf, Appeal No. 3381. Decision pending from August 8, 1985. John Mitsinikos and others, Appeal No. 3385. Decision pending from August 22, 1985. George and Alice Glogg, Appeal No. 3358. Decision pending from August ~22, 1985. (see clerk's Minutes for off. icial actions, etc.) This verbatim transcript of the hearing is transcribed from tapes electronically recorded in my presence. Pp. 1-19. Respectfully submitted, Llnda F. Kowalski, Secretary-Clerk Southold Town Board of Appeals RECEIVED AND FILED BY ~ so~o~ ~ov~ Town Clerk~ Town