HomeMy WebLinkAbout1000-75.-1-16Southold Town Board of Appea
MAIN RDAD- STATE: RDAD 25 SOUTHOLD, L.I., N.Y. 11g71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3644
Application Dated June 24, ]987
TO:
Mr. Garrett A. Strang, R.A.
Mr. Fred Wightman
A. Roger Elston, Esq.
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on 0ct0ber 8~ ]987~
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 lO0-30(A) and
Article XI, Section lO0-118(E)
[ ] Request for
Application of FREDERICK WIGHTMAN/DAVID FREY/JOSEPH REINHART.
Variance to the Zoning 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, personal-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 dwelling 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 1, Lot 16, containing 1.0194
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. 3644, 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
~2. atter of WIGHTMAN/~EY/REINHART
Decision Rendered October 8, 1987
1. The premises in question is a described parcel of
containing an area of 43,560± sq. ft., lot width (frontage)
185± ft., lot depth of 240± feet, and is more particularly
identified on the Suffolk County Tax Maps as District 1000,
Section 75, Block 1, Lot 16.
land
of
2. The subject premises is 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 "l," 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 potato storage and packing, a permitted agricultural
use in this zoning district;
(b) Building "2", a two-story brick and frame build-
ing, 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 storage area. The
second floor of this building contains a 900± sq. ft. single-
family apartment, a legal conforming use in this Zone District.
(c) Building ~'3", a one-story masonry building
containing a 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-
ber 4, 1976.
3. For the record it is noted that a carpentry wood-
working shop existed in a portion of Building "l" and which
received a conditional variance under Appeal No. 3515 on
July 31, 1986. This use was vacated du~ing December 1986,
and the prior variance has become void its entirety, thereby
reverting the use of Building "1" to the same use which
existed previously, to wit: agricultural barn.
4. It is also noted for the record that Building "l"
was partly converted from warehousing of 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 current 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.
"P~ge 3 Appl. No. 3644
Matter of WIGHTMAN/FREY/REINHART
Decision Rendered October 8, 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 yalue 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"
existing 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±
sq. 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 expansion would be
permitted provided it does not exceed 50% of this 1200±
sq. ft. area of Building "2".
(d) that
premises to certain
has considered only
buildings.
the Town has not restricted the
tenants or owners, and accordingly
the area and use of the premises and
(e) that such an expansion of the preexisting
nonconforming use of Building "2" from 1200± sq, ft. to
Page 4 - Appl. No. 3644
Matter of WIGHTMAN/FREY/REINHART
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
GERARD P. GOE~R~GER,
October 30, 1987
Southold, N.Y. 11971
(516) 765-1938
May 18, 1987
Mr. Garrett Strang
Architect
P.O. Box 1412
Southold, NY 11971
Re: Frey and Whitman
Site Plan
Dear Mr. St~ang:
We are in receipt of yours of May 12, 1987.
As per. the Executive Administrator's memorandum of April
29, 1987, the Planning Board cannot proceed with this application
unless a change of zone is received from the Town Board.
We will hold this application in abeyance until we hear
from you on how you will be proceeding.
If you have any questions, please don't hesitate to contact
our office.
Very truly ~ours~,,
BENNETT ORLOWSKI, JR. , CHAIRF~N
SOUTHOLD TOWN PLANNING BOARD
enc. By Diane M. Schultze, Secretary
cc: Victor Lessard
GARRETT A. STRANG
ARCHITECT
MAIN ROAD, P. O. BOX 1412
SOUTHOLD, NEW YORK I 1971
May 12, 1987
Mr. Bennett Orlowski, Chairman
Southold Planning Board
Main Road
Southold, New York 11971
Re: Application of Frey and Wightman
Main Road, Peconic
Dear Mr. Orlowski:
I would appreciate your letting me know the status of the
above application, which your Board referred to the BuildinG
Department for certification on April 27th.
My clients are anxious to proceed with the work and cannot do
so until the site plan is approved.
Thank you for your courtesy and cooperation.
Very truly yours,
~rrrett A. Strang, R.A.
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL. 765-1802
April 29j 1987
TO:
FROM:
Bennett Orlowski Jr.
Chairman, Planning Board
Victor Lessard ~
Executive Administrator
SUBJECT:
Frey and Whitman Site Plan
at Peconic
The proposed shopping center is situated in the
A-Residential-Agricultural Zone. The present use of
this property is being used as a pre-existing non-con-
formity and can be used only for those non-conformities.
The applicant will have to apply to the Town Board for
a change of zone, if the applicant wishes to pursue
this application further.
VGL/rm
CC: Town Board
Southold, N.Y. 11971
(516) 765-1938
April 15, 1987
Mr. Garrett Strang
Architect
P.O. Box 1412
Southold, NY 11971
Re: Frey and Whitman
site plan at Peconic
Dear Mr. Strang:
Please let this confirm the following action taken by~he
Southold Town Planning Board, Monday, April 13, 1987.
RESOLVED that the Southold Town Planning Board refer
the site plan for Frey and Whitman for construction, of a.connecting
link between existing buildings and conversion of an existing
building to a retail use tothe Building Department for certification.
Presmises are located at-Main Road, Peconic, site plan dated
as revised April 3, 1987.
Would you please forward three (3)~site plans for our referral
to the Building:Department.
If you have any questions, please don't hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
cc: Building Department
SITE PLAN ELEMENTS
§100-134 Town Code
Lot, block, and section number, if any, or the property taken from
tax records
Name and address of the owner of record
Name and address of the person preparing the map
Date, North arrow and written and graphic scale
Sufficient description or information to precisely define the boundaries
of the property. Ail distances shall be in feet and tenths of a foot.
Ail angles shall be given to the nearest ten seconds or closer. The
error of closure shall not exceed one in ten thousand.
The locations, name, and existing width of adjacent streets and curblines
The location and owners of all adjoining lands, as shown on the latest
tax records
Location, width and purpose of all existing and proposed easements, setbacks
reservations, and areas dedicated to public use withinor adjoining property.
A complete outline of existing deed restrictions or covenants applying to
theproperty
~isting zoning
Existing contours at intervals of five or less, referred to a datum
satisfactory to the Board
Approximate boundaries of any areas subject to flooding or stormwater overfl
Location of existing watercourses, marshes, wooded areas, rock outcrops
isolated trees with a diameter of eight inches or measured three feet
above the base of the trunk and other significant existing features.
Location of uses and outlines of structures, drawn to scale on and
within one hundred (100) feet of the lots.
Paved areas, sidewalks, and Vehicular access between the site and public
streets
Locations, dimensions, grades and flow direction of existing sewers, culvert
and waterlines as well as other underground and above ground utilities
within and adjacent to the property.
Other existing development, including fences, landscaping and screening
The location of proposed buildings or structural improvement
The location and design ofall uses not requiring structures
such as off street parking and loading areas.
The location, direction, power and time of use of any proposed outdoor
lighting or public address systems.
The location of, and plans for, any outdoor signs
The location and arrangement of proposed means Of access and egress,
including sidewalks, driveways or other paved areas; profiles indicating -
grading and cross sections showing width of roadway, location and width
of sidewalks and lcoation and size of water and sewer lines.
OVER...
Site plan elements cont.
(§100-134)
~) Any proposed grading, screening and other landscaping including types
)
( )
( )
and locations of proposed street trees.
The location of all proposed waterlines, valves and hydrants and of
all sewer lines or alternate means of water supply and sewage disposal
and treatment.
An outline of any proposed deed retrictions and/or covenants.
Any contemplted public improvements on or adjoining the property.
If the site development plan indictes onl~ a first stage, a supplementary
plan shall indicate ultimate develoment.
Any other information deemed by the Planning Board necessary to determine
conformity of the site plan with the intent and regulations of this chapter.
TOWN OF SOUTHOLD
.,~ ¢ ..~., ENVIRONMENTAL ASSESSMENT - PART I , .
~;_ ..-'
~RO~CT IN~O~TION { -~ · -
1038 ~est 8e~lbho ~u~lke ~'"': '''s";'
Garrett A. Str~ng, Ar'chi~ect (~.9.; Cuca~. . ~:p) "
~t'fi~i~'] ~ew York 11971 --
(L.L ~ LS~caJ
O~C~T~ 9F oo0J~T: (~Ht~y describe C~e of ;~jec: ~r ac:ton) Construct c~nnecting link
De.ween ex~s%~.ng .b~itdings fQr retail purposes; convert existing garage/
Town Code
Far~s:~ 0 ~cr~s 0 ~c~s Unve~cac~d {~c~,
.~9~cui:urd O stria ,O
, Suoura~n , lurzl , Por~a:
0 ~cr:s _0 ~c~s
.30 .30
, Cormercta! ~
loam/s and/~r ave 1
· 70~:r:a .70
11.
12.
13.
'14.
Ap;]rexi.r. ate percentafe of proposed project Site with elopes:
greater ~.
0-10: 100:; 10-15:
iS project canciguaus to. ar contain a building or site listed on the National Register of HIstortc
Places: Yes . ~, No
What ts the depth ~ ~e water table? I 2~fe~ ' - ..
~ huntJn~ or f~shJng oppo~unJttes pres~ntlg exist tn the pro~ect area? Yes
~es p~ect site contain any spectes of plant a~ an~al ll~e ~at ~s ~dentJfted as threatened
~nd~n~ered - Yes ~ ~1o, acco~Jng to - Identify each species '
Are there any un(qua or ~usual land ~a~ an the p~ject sJt~? (I.e. ¢1~ffs, dunes, o~er geological
fo~C~ons - . Yes ~ No..(Describe
is '~e p~ecC site presently us~ b~ the ~unity or neighborhood as an open Space o~c~aClon
~es' ~he Present'site offer or tnclude scenic v~eNs or vts~s ~o~n ~ be tmpo~anC to .~e
Stre~'~i~h~n or ~ontfguous to p~dect a~a: n~a .... :
I. N~ of stre~ and name of ~ver ~ which it ts tr~buca~
15.
· 16.
Lakes, Ponds, ~;etland areas within or contiguous 1:o project: area: ..n/.a .......
a. Na~ ; b. Size (in acres)
What is the do=tnant land use and zoning class~ffc~t~ofl Nfthfn a 1/4 m~le radius of ~e p~ecC (e.g:
s~ngle famtl~ r~stden:~], R-Z) and ~e scale of development (e.g. ~ storg).
Residential/ Agricultural/Business, one story
FROJ~ D~SCRIPTION
1. Physical dlcens~ans and s~le o~ p~ect (ftll ~n d~enstons as app~pr~ta) :
a. Total contiguous acreage o~ed by p~ect sponsor 1.1 ~94 acres ....... : ....'.' · '.'"'
b. P~Ject acreage d~veloped: . ~0 acre~ initially; a~e~ ultf~t~l~. ' ';-'." .' '~'<:~'~
' undeveloped ... ' ' ' '
Length of p~ec:, In miles: ~/a(ff ap~p~a:e) ..
~f p~ect iS an ~pans~on of ~xfst~ng, ~nd~ca:e percent of ~pansfon p~posed: bufld~ng'squa~
age , ; developed acreage
; proposed '3~ '' '~ ' '
f. ii,er of off-st~t parking spaces existing 0
9- Maxi~u= vehicular trips generated per hour I O
h. If r~sidencial: Nu~.~er and type of housing units:
One'Family Two Fa=ily
(upon completion of project)
Multiple P~ily Condominium
E',:CirAaCed E. fnploymen C
10
2 8 feel:.
How much natural material (I.e. rock, earth, etc.) will be re~owd from the site - 0
How many acros of vegetation (trees. shrubs, g~un~ covers) will be removed from site - _
multi-phased project:
d.
cubic yar
Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this
project? Yes X ~o
Are ~heru any plans for rD-vegetation to replace that removed during construction? ..× Yes No
~f single phase project: Anticipated period of construction 6 months, (including demolition).
a. Total number of phases anticipated ' No. '-
b. Anticipated date of commencement phase 1 . month
demulition)
Approximate completion data final phase ranch year. ..
Is phase I financially dependent on subsequent phases? .? Yes
· 8. Will blasting occur during construction? Yes y No
9. Rumber of jobs generated: during construction 7 I after project is complete 6
10. Nu~er of jobs eliminated by this project .0 '
ll. ~ill project require relocation of any projects or facilities? Yes x No.
year {including
If yes, explain.:
1~. a. Is surface or subsur(acc liquid waste disposal involved? ~ Yes .No.
b. Zf yes. indicate type of waste (sewage, industrial, etc.) ~waoe
c. If surface disposal nam. e of streaa into which effluent will be disobeyed
13. ~t11 surface area of existing lakes, ponds, site'-ns, bays ar other surface wa!arrays be increased or
decreased by pruposal? Yes X~o.
Is project or any portion of pruject located in the lO0 year flood plain? Yes × No
14.
16.
a. Does project involve disposal of solid waste? ~ Yes No
b. If yes, will an ~xtstiflg solid waste disposal facility be used? x Yes No
C. If yes, give na~e: Sout'h~ld Twn. La~i~n ~utchogu'e '
d. Hill any wastes not go into a sewage disposal system ar into a sanitary landfill?
16. Will project use herbicides or pesticides? Yes x ,No
17. Will project ruutinely produce odors· (~'~ru than one hour per day}? Yes ... xHo ~..
18. Will project produce operating noise exceeding the local ambience noise levels) Yes × No
lg. Will project ~esul~ in an increase in ener~yuse? x ~es .No. If yes, indicate type{s)
electric;' gas/oil for heating
ZO. If water supply is fr~a wa]ls indic-'Ca pu~ping capacity
21. Total anticipated water usage per day ---.360 .gals/day.
Z~. Zoning:
8 .gals/minute.
a. What is dcminant':oning cl~ssiflc:ticn of site) Pre/Existing,
b. Current specific :oni~g c)~ss{ficatioo of site
¢. Is proposed use consistent with ~re~ent zoning?
d. If no, iflUicate desired Zoning
x no
Non/Conforming
Contii%nuation of non-conforming use
-3-
26.
£s any Federa! per. it required? Yes __× ~o
Does project involve State or Federal funding or financing? __
lo~al ~nd Regional aPProvals:
City, Town, Village 8aar~
City, Town, Village Planning Board
City, Town, Zoning Board
.... City, County Health
Other local agencies
Other regional agencies
· ' ' '. State Agencies .
Federal Agencies "
INFD~'ATZG~GtL DETAILS ·.
Approval Required
(~es, ~o) (Type)
Submittal Approval
(Dace) (OaCe)
no
' vas "Buildinq De~t.~'~
~o
~o
Attach any additional Information.as ~4y be' needed to clarify your project. If there are or may .... : '
adverse Impacts associated with the' ra as ·
taken to air, gate or avo)d them. ~ P al, pleas~d~scuss su.cn impacta and the measures ah~ch be any
can be
.TZTL~: .................. Ga~rett A. Strong, Architect/Agent
R£P~£$ENTIHG: .... Fre¥& Wi~htman, P.C.
'DAT£: December 1, 1986
lO './;'
GARRETT
~41T P_~ ;FAT A
A. STRANG
architect
Main Road RO. Box 1412 Southold N.Y. 11971
516 7 765 - 5455
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architect
Main Road RO. Box 1412 Southold N.Y. 11971
516 - 765 - 5455
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architect;
Main Road P.O. Box 1412 Southold N.Y. 11971
516-765- 5455
RECE]\,'ED BY
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GARRETT A. STRANG
Brchitect
Main Road RO, Box 1412 Soulhold N.Y. 11971
516 - 765 - 5455