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HomeMy WebLinkAbout17475-zTOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 017475 Z County Tox Map No. 1000 Section ...... ,~...~... ......... Block ........... ~.. .......Lot No ......... ../..~.. ......... pursuant to application dated ....... .~../~.../.. ................................. , 19..~...~'and approved by the Building Inspector, Fee $..~ Rev. 6/30/80 -1 N~~ Vq $outh ld Town Board of Appe ls MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (5t6) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3644 Application Dated dune 24, ]987 TO: Mr. Barrett A. Strang, R.A. Mr. Fred Wightman A. Roger Elston, Esq. [Appellant (s] ] At a Meeting of the Zoning Board of Appeals held on October 8~ 1987~ the above appeal was considered, and the action indicated below was taken on your [ ] Request for'Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance [ ] Article , Section [ ~ Request for Variance to the Zoning Ordinance Article III , Section ]00-30(A) and Article XI, Section lO0-1lS(E) [ ] Request for Application of FREDERICK WIGHTMAN/DAVID FREY/JOSEPH REINHART. Variance to the Zonin§ Ordinance, Article III, Section lO0-30(A) Article XI, Section lO0-118(E) for establishment of business uses, and/or interpretation, to permit the following activities: retail sales and storage, business office, professional office, govern- mental office, contractor office, @ersonal-service store r shop, as described for the "B-Light Business" Zoning District, Section 100-60(A)[2],[4],[8] inclusively, in conjunction with existing single-family dwellin§ unit on second-floor having a livable floor area of 900 sq. ft. Zone District: "A-40." Location of Property: North Side of Main Road, Peconic, NY; County Tax Map District 1000, Section 75, Block l, Lot 16, containing:l.O194 acres. ~ WHEREAS, a public hearing was held on July 16, 1987 and continued on August 20, 1987, at which time the hearing was concluded, in the Matter of the Application of FREDERICK WIGHTMAN/DAVID FREY/JOSEPH REINHART under Appl. No.~, and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed' and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: (CONTINUED ON PAGE TWO) (CONTINUED ON PAGE TWO) DATED: October 8, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page ~ - Appl. No. ('-~4 Hatter of WIGHTMAN/¥mEY/REINHART Decision Rendered October 8, 1987 1. The premises in question containing an area of 43,560± sq. 185± ft., lot depth of 240± feet, identified on the Suffolk County Section 75, Block l, Lot 16. 2. The subject premises is is a described parcel of land ft., lot width (frontage) of and is more particularly Tax Maps as District 1000, improved with three buildings, all as depicted by sketch prepared by Garrett A. Strang, Architect and survey prepared by peconic Surveyors and Engineers, P.C. dated November 8, 1986: (a) Building "1," or barn structure, containing a total floor area of 2400± sq. ft. and which at the inception of zoning in 1957 and for a number of subsequent years was used for otato storage a~.d.-p~ek-f-n~J~--, a--pe~rm-i-tut'e~(I--a.g-r~ultural (b) Building "2", a two-story brick and frame build- lng, containing a total first floor area of 1200 sq. ft., of which 450± sq. ft. was used as office area, 464± sq. ft. for retail-sales area, and 286 sq. ft. storage area incidental to the retail and office uses. Both uses have existed as legal nonconforming uses continuously since before the inception of zoning until about 1977. During 1977, the westerly 286± sq. ft. portion of the building was converted from storage area to a car wash, and then back to accessory ~torage area. The second floor of this building contains~a 900+ sq. ft. single- family apartment, a legal conforming u.;e in this Zone District. ~c) Building "3", a one-story masonry building containin~ ~ total floor area of 1656± sq. ft. located / approximately 24 feet from the east side of Building "2", / is and has continuously been used as a storage garage, having received a Variance under Appeal No. 2210 on Novem-/ .. 3. For the record it is noted that a carpentry wood.- ~ /'"'working shop existed in a portion of Building "1" and which~ / received a conditional variance under Appeal No. 3515 on /..~Iuly 31, 1986. This use was vacated dur, ing December 1986, ] t~ and the prior variance has become void Its entirety, thereby reverting the use of Building "l" to the same use which existecJ previously, to wit: agricultural barn. 4. It is also noted for the record that Building "1~' was partly converted from warehousing ef potatoes to warehousing of antiques about 1978 and was discontinued during about 1985. No variances were found of record permitting the conversion from agricultural warehousing to commercial or wholesale-sales warehousing. 5. The property is nonconforming also as to lot area (having an area of less than the curren$ two-acre zoning requirement), and is located in the "A-.40" Residential and Agricultural Zoning District. The buildings were built prior to the enactment of zoning in 1957, and front .along a State Highway. 6. No record has been found of the issuance of any building permits, Certificates of Occupancy, or Site Plan approvals by the Town concerning the premises, building conversions, and changes of uses since the inception of zoning in 1957. Page 3 - Appl. No. 3644 Matter of WIG~tTMAN/FREY/REINHART Decision R~-nde~ed October ~ 1987 7. Article XI, Section lO0-118, Subsection (E) of the Zoning Code provides that: "...A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty percent (50%) of the fair ~alue of the building, unless the use of such building is changed to a conforming use .... " Subsection (A) reads: "...The lawful use of a building or premises existing on the effective date of this chapter... may be continued although such use does not con- form to the provisions of this chapter, and such use may be extended through the building lawfully acquired to said date .... " 8. Appellants have requested a use variance to permit the expansion of "...preexisting, nonconforming business by nature of converting existing garage bays to business use and linking same via an addition to existing westerly building..." and/or interpretation on the term "use" verses "tenancy." 9. There are a total of three buildings upon the subject premises, and the buildings referred to in the preceding paragraph hereof are the two front buildings, Buildings "2" and "3". Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it.was RESOLVED, that this Board make the following deter- mination: (a) that the use referred to as "garage bays'~ ~<~existin§ in Building #3 is a use in conformity with the 1976 variance, rather than a preexisting nonconforming business use. (b) that only the first floor area of 1200± ~Nsq. ft. of Building ~'2" has continuously since before the enactment of zoning been maintained and used for retail and office areas, and (c) that the Town may permit expansion of such area as regulated by Section lO0-118(E) of the Zoning Code within stated limitations (also see Cordes vs. Moore 1955, 308 N.Y. 761), and that such an expansi'~n would be permitted provided it does not exceed 50% of this 1200± sq. ft. area of Building "2". (d) that the Town has not restricted the premises to certain tenants or owners, and accordingly has considered only the area and use of the premises and buildings. (e) that such an expansion of the preexisting nonconforming use of Building "2" from 1200~ sq, ft. to Page 6 - Appl. No. 3666 Matter of WIGHTMAN/FREY/REI___NHART Decision Rendered October 8, 1987 1800± sq. ft. shall be permitted to those uses which will not require higher standards with respect to yards, parking, and similar requirements [such as restaurants, etc.], (f) that the existing use of the single-family 900± sq. ft. dwelling unit on the second floor of Building "2" and the use of Building "1" for storage shall be permitted to continue and shall not be permitted to be converted to a ~.....nonconforming commercial use, (g) that the existing use of the garage bays for storage in Building #3 shall be permitted to continue and shall not be permitted to be converted to a nonconforming use [except that the storage use may be income-producing]. (h) that any portion of the square footage of the buildings may be utilized for the requested retail or office use provided same does not exceed the maximum permitted 1,800 sq. ft. [1200 sq. ft. existing plus 50% 'as permitted under lO0-118E of the Zoning Code] and provided further that the remaining portions of the buildings shall be permitted for the existing "garage bays~" for commercial or accessory storage use, and any other uses permitted in this "A-40" Residential and Agricultural Zoning District. (i) That by the grant of this variance, this Board hereby revokes any other variance(s) which may have been previously granted for the use of these premises. (j) That a proposal to expand the nonconforming retail/office area in excess of that permitted by the Code should be via application to the Town Board for consideration on a change of zone or other legislative action since the extent of the use variances permitted on this property has been utilized to the maximum possible under our jurisdiction. (k) that there be no storage of vehicles, materials, or any other items in the open yard areas. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis, and Doyen. (Absent was: Member Sawicki.) This resolution was duly adopted. lk G-~'RARD P. GOEF~RI~NGER, C~'IRM,AN Octobo~r 30, 1987 BLDG. DEPT. , , TOWN OF SOUTHOLD FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined/~' '~'~' ......... , 19..Or" .~ Approved . .,~':'/'.~... ' -, 19.~aPennit No./.7..~..~..~.,~ Disapproved a/c ..................................... BOARD OF HEALTH ............ 3 SETS OF PLANS ............ SURVEY SEPTIC FORH NOTIFY C^LL . 7.¢~-: ............ MAIL TO: APPROVED ASNOTED APPLICATION FOR BUILDINGPERMIT)% ~,' ~ ~: , ~ ,bl, '~/~'~g L~,¥:. Date.3.~/: , NOTI~ BUI~G ~~ .' INSTRUCTIONS ~ ~L~N~ be completely filled in by Wpewfiter or in ink and submitted to the Building Inspector, with 3 ~set~o~~t; ~~. Fee according to schedule. b.F~~~tion of lot and of bulldogs on premises, relationship to adjoining premises or pubic streets or ~r~ ~i~M~~on of l&yout of properW must be drawn on the diagram which is pa~ of t~s appU- eat~flNSU~ON ~.FI~ workstation may not be commenced before issuance of Bufld~g Pe~it. d.B~~C~s application, the Building Inspector will issued a Bulldog Pe~it to the app~c~t. Such pe~it shoe ~~~~or ~specdon throu~out the work. T~ ~~l ~ o~pN~or used in whole or in part for any purpose whatever until a Ce~i~cate of Occup~cy sh~[~e 6~~ ~e ~ Inspector. Building Zone Ordnance of th~-~o~n of Southold, Suffolk County, New York, ~d other applicable Laws, Ord~ces Regul=tions, for the const~cfion of bufld~gs, a~difions or alterations, or fo: ~cmoval or demolition, as hereh~ described. Thc appl/cant agrees to comply with all applicable laws, ordinances, bulldog code, housing code, and regulations, and to adm[t autho~zed ~spectom on premises and ~ bufld~g for nccessa~/nspecfions. .. (Mailing address of applic~t) ~ [ ~, State whether applicant is owner, lessee, agent, ~chitect, engineer, general contractor, electrician, plumber or builder. ~.~.ff.~.~. ................................................................................. Nameofownerofpremises ~~ ~o~P~ .. ' ~ ' ................................ ,m...~.~(.qe...~33.~..~.... (as on the tax roil or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... --5'~.~ ~'' ~EZ Plumber's License No .... iii~iiiiiiiiiiii Electrician's License No. Other Trade's License No .......... ~. ....... q 3 ~'q '~'~ ,_oca,ion o~,and on which proposcd work ,vi~, be done ....... ~. ~! P.~ . .~. ~. ~ . . . ~. :~ ~. ~.~.~ .... House Number Street Hamlet ................... County Tax Map No. lO00 Section ..... O, ,rT. ,'~, · ...... Block .... ~.-l .......... Lot,/~,,'. ............. Subdivision ...... -,-. ........................... Filed Map No. - ........... -'-, ................. Lot ........... v'... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: b' Intended Use and occupancy .. ~.."'~. ~ . .,~...~. · .~.'"~..~. ~,~,... . ~ 3. Nature of work (check which applicable): New Building ..... ' ..... Additio~n ......... at ........ Repair ..... ~ Removal - · .'~ Demolition . ~. :.-w-.;.. Other Work .... .:...~--z-,,.,_.~.. /'~/~'-- ~' ~'~ .... ~"~-'----'--"-----~-~---~ ~"--~_.Y~ -- _, ~ (Description /~4. Estimate'dCost .~,O'OV ' , '~~ ~ I { ..... ~ .................... .7 ........... Fee ....... : ......................... 5. , ' ', (tO be paid on riling this applidation) Ifd s .... " ," · ! ' welling, number o£ dwelling unit .... Number of dwellingiunits on ea_ch._~_floor. '.'T'..'TT'.. Ifg · · arage, number of cars ' ~:-*-"&::. · · ~ ........... ,-~-~...-7~: :'-; .... ~.. -- ...... ' ' ' ' 6. f business, commercm, l or mixed occupancy, specify nature and extent of each type of use -- f~e y F ....... 7. Dimensionso xistingstmctures, fan runt ~rO, iU' m,~r ~ ~r~ .............. H~),t I'~ ...... ' ','v'~ ~ ........... ~.~, ~ ........ D~pth t -.~ .... .~.~ ........... l~umbcr ot ~tones [ ............. Dimensions of same structure with alterations or additions: Front ~'*"' Rear . .%. Depth ...... ~ .......... Ileight ..... ~ ........... Number of Storms .... , ...... · ...... 8. Dimensions of entire new construction: Front ~' Rear .,...~ Depth .. Height .... ~ ..... Number of Stories ... m.. ,.., ........ ~ . .~ ...... ~ ........ ... . Size oflot: Front .... ~ .......... Rear ...~ ..... m...~-~}'~'i.. Depth ..~.. Does proposed construction violate any zoning law, ordinance or regulation: . ~ ..... ~ Will lot be regraded ... - ..... ~,,, ~ ........ Will excess fill be rem red from prem es Nme of Owner of premises ................... Address ..... ~ ......... Phone No. N~e of Architect .... . Address ' -'-- · .; ............... Phone No. ~ .... Nme of Contractor...~, ,.~ ................ Address . .C ...... ~ ....... Phone No ........... 15.Is this property located within 300 feet of a tidal ~wetland? ~YES .... NO .... · If yes, Southold Town Trustees Permit may be required. PLOT DIAG~ Locate cle~ly ~d distinctly fil bulldogs, whether existing or proposed, ~,indicate fil set-back d~ensions from Hnes, Give street ~d block number or description accord~g to deed, ~d show street nines and indicate whether ~r comer lot. , ~. ....... DATE: I , B.R~ - 1. 12. 13. 14. NOTIFY BUILDING DEPARTME~ AT COUNT5 FOL~WI,NG [NSPE~ ................................................. being duly s~o~Nnd-sa~[~ applicant (Name of individual signing contract) ' FOR POURED CONC~ above ~anled. 2, ROUGH - FRAMING & PLUMBING He is file ............... ' 3. lb SHLATIO~oN~TRU~iON MUST ....................................... 4.: ,,iCL!.; . . ...... (C 8~ ~PLETE ~Ok d ~. '" ontractor, agent, corporate offlc , ' ' ' ' of said owner or owners, ~d is duly authorized to perform or true to the ~1~ ~E~n~°~~d file this have perfumed ~NSIBUCTION ~HALL MEET application; that all statements contained in this application are ~. . ~f~[ ~~ bE~E~G~d that the work will be perI'onned in the mmmer set forth in the application mca thercW)~7~'f;. ~ NOT ~ESPONSIBLE FOR Swum to before me this { ~ .~,G,U OR CONSTRUCTION ERRORS ............ ~..., ..... ?day of ................. 19~f. ., //y, " ~ota~ Pu~li~B~~ ~ ~ U~ ..~~ .li~[ ,, , . County i ~ ' ..... , .... ~.,~ I. Su~ ~ (Signature of applicant)