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HomeMy WebLinkAbout1000-25.-2-13 WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ........ ~r.~'.~.~-.~:~t..~:... ~.'~.J:.~.'~ ........................ requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "B" "A" Residential and · · Liaht Business to Agricultural mg Trom ........ ,~. .................................. District ....................................... District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relatior to said petition having been duly held by the Town Board on the ..... 21s.t.....dav of ............. ~.~'9~.~ .............. , 19.~.~..., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is G~ED. DATED: December 5, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK February 22, 1979 Mr. William B. Smith Mechanic Street Southold, New York 1197% Dear Mr. Smith: ~he following action was taken by the Southold Town Planning Board at a regular meeting held February 13th. RESOLVED that the eite~_~an of Scott-Ben Corporation be app~.oed including the removal of the two trees, and s~id szte plsn be amended to show the line of sb~ubbery on the westerly line and the approximate location of the proposed new trees to'be placed in the front. Yours truly, Muriel Brush, Secretary Southold Town Planning Board February 8, 197i Mr. Williem B. Smith Mechanic Street Southold, New York 11971 Dea~. Mr. Smith: The following is fro~ my record of the Planning Board meeting held January ,!Hr. Coyle made a motion that the trees somet~l~ng else be done with the building. the ~. DisOussion followed and when Mr. C~le voted aye, Mr..Wa~.l voted aye, Mr~ nay ~ Mr. ~ayn~ abs+-~n~ take a further look at the trees. ~hat Mr. Coyle withdraw his'motion md his second and the matter~ be t&ble~ AL1 Were agTeeable." I. am assuming ~t' a ~d~terminatl~ will way or another at ~he meeting to be held Feb] If you want to discuss it further with the Bi meeting. Yours truly. )e-mmde one ~x~d ~e at the ,ld Town socked was called, v~ted should ed inspection. Brush, Se( etary TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 January 9, 1979 Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Scott-Ben Gentlemen: In October I reviewed a proposed addition to a dentist office, adding a store and resturant. I did not call this, what is com- monly known as a shopping center. The rear of the building had about enough area for the parking. I issued a disapproval for insufficient fronTyard and access with less than the required 20 feet. The Board of Appeals granted reduced fron~yard and the 19' side yard access with condition "Site Plan approval" by the Planning Board. When I was on vacation, the site plan was submitted and Mr. Hindermann, Building Inspector, wrote his findings based on the requirements for a Retail Shopping Center 100-62. If this is not a shopping center your approval of the site plan must comply to Article VIII and off street parking 100-112 A. 100-112 A requires 5 parking spaces for the dentist office, one spac~ for five seats in the resturant or 13 spaces. 110-112 A does not mention sales office area, so it is up to the planning board. There is no required amount of landscaping and screening, it is up to the Planning Board 100-131C. All rainfall and storm water accumulated on the premises shall be returned to the ground within the boundry of the premises. Being in the business area, I fe~ it should not come under the "Shopping Center "regulation but the site plan approved under Article VIII and off street parking. In this B-1 Zone retail stores resturants and professional building do not require site plan approval. The Board of Appeals made a condition that a site plan M~0RANDUM The attached comments for Scott Ben Corp. were based on it being considered a shopping center as defined in Section 100-62. $outhold Town Board o£Appeals -m::CIUTHOLD, L. I., N. Y. 11971 APPEALS BOARD MEMBERS ROBERT W. GILLISPIE, JR., CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN,JR. TERRY TUTHILL ROBERT J. DOUGLASS TELEPHONE (516) 765-1809 December 1, 1978 Mr. John Wickham, Chairman Southold Town Planning Board Town Clerk's Building Southold, New York 11971 Re: Scott Ben Corp. Dear John: Our telephone conversation this morning discussed putting a special condition on the Scott Ben Corp. action relating to Site Plan Reinspection a year later. Counsel does not agree with your suggestion main- taining that the Building Department should not grant a Certificate of Occupancy until site plan is satisfactory. RWG:bcc Yours truly, ROBERT W. GILL~ISPIE, JR. After investigation and inspection the Board finds that the applicant wishes to construct a portico across the face of a building to be renovated by adding a liquor store and restaurant. The driveway will be located to the east of the building, but will be only 19 feet wide. The colonnade on the front of the building will greatly improve the appearance of the building and add to the character of the Village of $outhold, The 6 foot addition of the Colonade reduces the front yard setback by 3 feet and will have no significant effect on the area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Scott Ben Corp., Main Road, Southold, New York, be GRANTED permission to construct a front portico on an existing building with insufficient front yard setback and GRANTED permission to have an access with insufficient width. Location of property: Main Road, Southold, New York, bounded on the north by Colonial Village; east by Ryan south by Main Road; west by Boyd, subject to the following conditions: (1) Site Plan Approval of the Planning Board (2) Suffolk County Planning Commission (3) Applicant will explore all possibilities to work out an arrangement with the Ryans and the Board of Appeals with a view to saving the two maple trees on the easterly side of the Applicant's property. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. .. Town of Southold Planning Board SuffOlk County Department of Planning H. Lee ~ennison E~ecutive Office BuilMin~ Veterans I~morial 2ichway Hauppauge, ?ew York 11707 (516) 979-2918 September 29, 1978 Petitioner: William W. Schriever Zoning Action: C/Z "B" Bus. to "A" Res. ~ Agr. Mun. File No.: 240 SoC.P.~. File ~!o.: SD-78-8 Gentlemen Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter:, the above captioned application which has been referrem to the Suffolk County Planntn~ Commission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or disapproval. ' Very truly yours, Lee E. ~oppelman ~irector of Plannin~ GGI]; jk Gerald G. ~ewman Chief Planner September 27, 1978 Southold Town Board Town Holl Southold, New York llgT1 Gentlemen: The following action was taken by the $outhold To~ Pla~ing Board at~a regular meeting held September l~, 1978. ~ RESOLVED to recommend to the Southold Town Board approval of Applicatio~ #240 of William W. Schriever requesting 8 change or, zone from "B" Light Business to ~'A" Residential and Agricultural Dlstri~t~on certain property at Orient, Ne%York, due to the faot i't is: 1. Con~istent wl~h good planning. 2. Consistent wl~h the residential pattem~ of the immediate neighborhood. Yours truly, Muriel Brush, SeSretary SOuth, ld Town Planning Board September 27, 1978 Suffolk County Plannl~Commisaion Veterans MemorialHigb~y Hauppauge, New York 11~87 Gentlemen: ~ ~Pu, rs~ant to ~ections 1~23 to 1332 of the Suffolk Co ~nar~er the ~outhold T&~ mlo~_ ~ ...... ~unty the followin~ o oo~~,--,~ o~ru nereoy rezers ~ ....... v -r°~----~~~ng ac~zon ~o the SuffolW ~u~by w£annl~g Commis~ion. ~ Amendmen~ of zoni~ map (change of zone) Location of affecSed land: Tabor Road, Orient Within 500 feet Comments: With resolut the Planning Board rec¢ of application #240 of of zone from "B" Light Agricultural due to the planning and consisten~ the immediate neighborh the existing state road Zon dated September 18, 1978 "mends to the Town Board approva/ ¢llliam W. Schriever for a change ~usiness to "AY Residential fact it is consistent with good with the residential pattern of ~od. Yours ~ruly, Mu~lel Brush, Secretary SouthoId Town Planning Board JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 July 26, 1978 Southold Town Planning Board Southold, New York 11971 Gentlemen: Transmitted herewith is petition of William W. Schriever requesting a change of zone from "B" Light Business to "A" Residential and Agricultural District on certain property at Orient, New York. You are hereby instructed to prepare an official report defining the conditions described in said petition and determine the area so affected with your recommendation. Very truly yours, Judith T. Terry Town Clerk J U L 6 1978 C*SF. NO: .......... STATE OF NEW YORK PETITION TOWN OF SOITI'HOLD IN THE MATTER OF THE PETITION OF FOR A C1/ANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF ~ TOWN OF SOUTHOLD: 1. I, William W. Schriever , residing at Main Road. Orient, (insert name of petitioner) ........................................................ Suffolk County, New York, the undersigned, am the owner of certain real property situated at ............. · .°[..!~D~-.~.~-~ ...................... and more partlcula~y bounded and desc~bed as follows: BEGINNING at a point on the westerly line of Tabor Road, said point of beginning being &37.59 feet south along said westerly line of Tabor Road from its inter- section with the southerly line of Main Roadi proceeding along said westerly line of Tabor Road the following two courses: (1) South 0 degrees 38 minutes East 33&.10 feet, and (2) South 8 degrees 06 minutes 30 seconds East 10~.76 feet; thence along other lands of the petitioner the following three courses: (1) South 82 degrees 32 minutes 20 seconds West 233.57 feet, (2) North 0 degrees 38 minutes West 659.76 feet, and (3) North 87 degrees 67 minutes 30 seconds East 218.37 feet to the westerly line of Tabor Road and the point or place of BEGINNING, containing 2.27 acres, together with such other land of the petitioner to the west of the westerly line of the above described parcel as it may be determined lies within the bounds of the "B"~ Light Business District. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Bufldini~ Zone Ordinance of the Town of Southold, Suffolk County, New York, includin~ the Buildin~ Zone Maps heretofore made a part thereof, as follows: To change the zoning of the above described property from "B", Light Business District to "A"~ Residential and Agricultural District. Note: It is the intention of the petitioner and his wife to retain for now the "B", Light Business District for the property now occupied by the Schrtever Construction Co., Inc. and a one-acre parcel lust south of that property. It is our intention to merge these parcels so that no retail business develop- ment can occur in the future. Our petition to achieve this result by zoning them "C", Light Industrial District was recently denied, but our intentions remain unchanged. Such request is made for the following reasons: (a) Said property is not marketable as presently zoned because it is Insufficient in area to develop the traffic required for retail businesses. (b) Petitioner attempted to extend "B" Light Business District to include adjoining property along Tabor Road so that property would be marketable and petition was denied by the Town Board. (c) Petitioner has explored downzoning property to"C", Light Industrial Distrfct which would neither create nor depend on traffic and petition was denfed. (d) Petitioner has offered to donate property to Town to widen Tabor Road to accomodate the traffic which would be generated by retail business use and the Town Board refused the offer. (e) Petitioner now wishes to develop all of the surrounding property in a residential subdivision and the existence of a "B" Light Business District within this subdivision will detract substantially from the value of many of the lots, particularly those facing the business district on'Tabor Road. (f) Petitioner is unable to include thts property within the residential subdivision without some reliaf from the limitation imposed by Local Law No. 5-1976. William W. Sc6rlever ............... :STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ...... !~.l,:{.1.l.a.m..~....S.q.h.r.t.e.y.e.r ................. , BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows tlhe contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me WILLIAM COB ¢¥wc~ ......... 19.7.~. / Notary Public. r:RFSON New York TR£~T 'i k '¸IN :t