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HomeMy WebLinkAbout1000-25.-2-13 (2) . . WHEREAS, a petition was heretafore filed with the Town Board of the Town af Southold by ......W.:!::q.J~...a,n.<:l..l3.~I.'.b.Il:r.!i...S.c;hr..i.El".ElI.'.......... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing ;:t; ..~U~1gnH~.ar.:~...... District to .~'.~."...~MRlp.~~.~............ District the praperty described in said petition, and WHEREAS said petition was duly referred to the Planning Board far its investigation, recommendation and report, and its report having been filed with the Town Boord, and thereafter, 0 public hearing in relation to said petition having been duly held by the Town Board on the ....J.5th......doy of ...............N.<?y.~~'!?~f..............., 19..7.1., and due deliberation having been had therean NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petitian be, and it hereby is DENIED for the following reasons: 1. The requested change is inconsistent with the Town of Southold Development Plan. 2. It is inconsistent with the residential pattern of zoning and character of the area east of Tabor Road. 3. The resultant increase in traffic generation would be potentially hazardous to children attending Oyster- Ponds Untion Free School on the north side of Main Road. 4. The proposed change would constitute the unwarranted extensive encroachment of business zoning into a residential district and would be considered spot zoning. DATED: December 20, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD. d . /' _______~ ~<d'a7[ ~_/_ ----/--.e~.t~ ;/ JuDITH T. TERRY t7 TOWN CLERK - .. . November 28, 1977 Southold Town Board Town Hall Southold, N. Y. 11971 Gentlemen: I want to thank all of you, and particularly Supervisor Martocchia who chaired the meeting, for the courtesy extended to us at the Public Hearing on our petition to establish a business district for Orient. I feel that we were given every opportunity to make our presentation in favor of the petition. There are a few observations that I would like to bring to your attention concerning the remarks of those who spoke in opposition. Fore- most among them is the fact that not a single alternate site was proposed, either for a busiRQSS district or for a new firehouse. Mr. Frank Fagan did address himself to the question of whether Orient needed a business district, though I don't share his conclusion that Orient will never be able to support any retail businesses. Mr. Robert Douglass suggested that the public would select the site for a new firehouse but made no suggestions as to any possible sites from which to choose. It seems to me that this reinforces our argument that Tabor Road is the best site available, both for a business district and for a new firehouse. I was so intrigued by Mr. William Y. Terry's remarks that I even read the transcript to confirm what I had remembered. Although he did not exactly offer his property as a possible site for a business district, he certainly made an effort to defend its selection. While we believe that our property is the best site for a retail business district, we have no objection to Mr. Terry's property being zoned for business or even light industry, When the Fire Commissioners proposed to purchase his property as a site for a new firehouse, we offered to donate the right-of-way for an access road to the rear of his property, and that offer still stands. Also Mr. Terry's objection that granting our petition would give us a monopoly on business property in Orient could be removed by extending the business district to include a portion of his property. If he were to make such a petition, I would be glad to speak in support. . . November 28, 1977 Southold Town Board (continued) As to the objection by the Orient Central Cemetery Trustees, the only thing we have proposed on our property that might detract from the appearance of the cemetery is the Orient Fire District tournament facility. I Dlust admit that we selected a site along the eastern boundary of our property for this facility because we felt that otherwise It would detract from the appearance of the business district. So I can understand their objection. However, Mr. Terry has been willing to provide a site for this facility which the Fire Commissioners have found acceptable and to which the Cemetery Trustees apparently have no objection. Since we have no objection to locating this facility anywhere on Mr. Terry's property and are quite willing to withdraw our offer to provide a site, It seems to me that this problem can be resolved to the satisfaction of all four parties concerned. Mr. Tony Gloria has already spoken to me about obtaining additional property at the rear of his lot. I indicated to him that we would be happy to provide a strip along the south side of not only his lot but also those of his two neighbors. Maybe this will help resolve some of the objections of Mr. and Mrs. Ferreira. I am confident that some arrangements also can be made by the Fire Commissioners in their plans for the new firehouse to accomodate the Ferreira's as well. When we made our proposal for a business district, we were quite aware of the opposition we could expect and yet we felt that we had a moral obligation to make the offer no matter what the outcome. As it turned out, we had less opposition than we had expected. After all of the publicity we had provided, a petition with about a hundred names on it is hardly overwhelming. As I remember, there were several times that many in opposition to our residential subdivision. What we did not expect was the obvious reluctance on the part of the Fire Commissioners to continue with their plans for a new firehouse. No doubt they find It hard to accept such strong opposition from the community they are trying to serve. Perhaps, by making this site available, we can revive their interest. ~ . . November 28, 1977 Southo1d Town Board (concluded) We really do believe that It Is absolutely essential to the future of Orient that our proposal be adopted. And I believe we have demonstra- ted the courage to fight for what we believe In even when we are con- fronted with almost no visible public support. In the past, we have supported you when we felt that you were making the right decisions In spite of strong opposition. If you will remember, we supported your plans for a new Town Hall even when they were certain to be defeated. We supported your granting of the zoning for the KOA campsite, again in the face of strong opposition. And we supported your plans to provide for an east-west road along the north shore In Orient when you were being opposed by many of the same people who are opposing us now. So you have demonstrated the courage to make the right decisions even when they may appear to be unpopular. And, In this case, there Is no possibility that granting our petition could create a partisan Issue. So the future of Orient Is now In your hands. Please take good care of it. il1~ ere1y our!!,', . Illll' '- ~~ William W. Schriever Box 128 Orient, N. Y. 11957 r Or:--tober , , -L L ~ lOT' 1harles Cuddy, Esq. ~s East Main Street Riverhead, New York 11901 Dear Mr. Cuddy: I am enclosing the recommendations of the Suffolk County Planning Commission regarding the latest change of zone application of William and Barbara Schriever. Yours truly, Muriel Brush, Secretary Southold Town Planninp, Board Copy to Mr. Schriever Enclosure . . OCT 11 1971 COMMISSION Seth A. Hubbard Chairman Lee E. Koppelman Director of Planning -- . Suffolk County Department of Planning JOHN V.N. KLEIN. County Executive Veterans Memorial Highway Hauppauge, L. I., N. Y. ~ 979-2918 October 6, 1977 Mr. John Wickham, Chairman Town of Southo1d Planning Board Main Road Southo1d, N.Y. 11971 Re: Application of "William & Barbara Schriever" (#234) for a change of zone on Parcel I* from "A" Agricultural & Residence to "B" Light Business, Town of Southo1d (SD-77-11). Dear Mr. Wickham: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on October 5, 1977 reviewed the above captioned application and after due study and deliberation Resolved to dis- approve it because of the following: 1. It is inconsistent with the Town of Southo1d Development Plan which desig- nates this area for Agricultural-Residence Development; 2. It is inconsistent with the residential pattern of zoning and character of the area east of Tabor Road; 3. It constitutes the unwarranted extensive encroachment of business zoning into a REsidence District; 4. It would tend to establish a precedent for further downzonings along Main Road; and 5. The resultant increase in traffic generation would be potentially hazardous to children attending Oyster-Ponds School on the north side of Main Road. Very truly yours, Lee E. Koppelman Director of Planning cc: MS. Judith T. Terry, Town Clerk byA~_A.~ Gerald G. Newman Chief Planner {2. *The rezoning from "A" Agricultural & Residence to "B" Light Business On Parcel II is not within the jurisdiction of the Suffolk County Planning Commission -~~i!'1lll!u"~__ -,~--., -,. " . Suffolk County Dept. of Planning Veterlms Memorial Highway HauPPlaugec NevI Yo:,:, 11787 GentlE~lLell ; ~1iolI,"';..-__., h. ,- -'--C'-~~-"___T'""'_"_'~_c_' . 8e~teMber 12, 1977 :;':nclosed olease find application #234 and map indlcA,t;j"p land uses and zOning within 200 feet of the premiRes in regard to t.he appJ.ic.~";ion of' l:11liam and Barbara Schriever .1'01" p. change of' zone on property located on Main Road and Tabor Road in Ori,ent, Town of Southold. , Er1closures 2 Yours truly, Murie.l i Brush, Secr~ry Southold Town Planning Board ". . . Suffolk County Dep~rtrnent of Planning H. Lee Dennison Executive Office Bu11cline Veterans Herx>r1aJ. ;U":ht.ay lI!lul'pauee, "3tT Yor!: 117rJ7 Town of Southold Planning Board September 8, 1977 hrtY~ RE: Application to reZOne premises situated ~ on Main Road & Tabor Rd., Orient. ~. Gentlemen: Please be advised that pursuant to Sections 13~3 to 1332 of the Suffolk County Charter, the above captioned a;>pllcation will not be reviet"erl. because of noncompllance with requirements for notice ani MapS as stipulatei in Informational Bulletin 1'10. 8 of the Suffolk County Plannin~ C.oAlllission. The fo1lowine information will only he accepted ul'on submission throu,,:h the of,., fices of the municipal referrin~ a,,:ency' Please submit a copy of the application and a map indicating land uses and zoning within 200 ft. of the premises. Thank You. Very truly yours, . Lee ~. ~oppe1MSn Pirector of Plannin~ by JJ "....~_ /~ Geral" G. Newman Chief Planner " /-"';'.N.,,,~ GGl\]: jlt - -.-> '~"'~ ~ . "-'."". ,..,...."..." .-.. " '''''' ..,~ ----.,-.-..:==~..,.,.,..-:. . . Dent ember 1. 1977 ~~u:ff.;) ] ,... "T''\P OUTV FlI"-,J1Ing Co,lIDDission "'0'01'1:;' iU~war. '. '; :'_:"1"')7 ..,~.~. 7,~ I 1.,"1 L, 1,:'; Ss-ctio!:l" 1323 to 13'12 of t;he Suff'olk County 'ew,'tH' th<: !"lannL!", 'Board of the Town of Southold hereby refers ' (' nt'Oposed, ~'''nini1; action to the Suffolk County "I:,.f~t_::Lon : '"':!~,~~l,L':1g .'1'lnp tiOl! of affcc':ed' land - !1ain and ,Tabor :toads. Orient "L thin lion f'(~et of State Route 2'5 Th:- PLenninr, Boerd of the Town of Southoldhas recoromendjE'nial 0'" 1'h" [l,Dplicati.on based on the following: , , l'tf,;>:oning 0'1", thiJ'J l'ronerty would constt'Gtee spot zonIng. :~. Improper USe of the, property because of potential traffic hozard >'1'1 th I'!'t'l',ren'1e to Oysterponds Union Free School District. , .,". It is inconsistent with the Southold Town development " ~;n. Yours 'truly, MUX1$,..l Brush, Secretary SOiltho ld Town Planning BO~d ., . . , . .,,~~, . ','~ r .'-.,..,.~ ~3eptilll1ber 1, 1 "17'7 .::':l.f'.rl :::: ,{". CU. F: as ~-"1_'1:i 11 j,ve:r>::,€:ad , evt .(~E,,~; Street Yor' 1190;).:' . '.,. C'ilddy ,~:\'. i :(,~lOn was taken by the Southold Tm'!J1 e1aEning ""'.1'>1".:: i 'le"leeti,rghe1d August 22 lCJ77. '~' J.. . t():"ec)mmend to the Southold ''I'own Board denial of y[ 'Iliilliam and Barbara. Schriever for ,J change of situated at Orient, New York, from "A" Residential District to "B" Light :Business D5"si;rict based or; appl t "'E. ': j .-., ') zone :Yl'] nr;~nH:r":;-n ,.);1(,~ Ii.p,'I":"_~> r;.M~11 +- 'i.Q :fo -, owing: .c. ':c,'?zoning of this property 'IlOuld constitute STIDt zoning. ;'. Improner USe otthe property. because of potential traffic hazar.i ",ith ~"eference to Oysterponds Union Free School DiCJ'crict. , It is Incons1st~nt with the South old Town development plan. Yours truly, Muriel ~ruShi Secretary Southold Town Planning. Board Copy '1".0 Mr. William Sohriever -~, ~ :!i :-; ~ .~ " '1 ~ ! ='1 ~ il " "'ii' ii j ~ ~ ~ ~ ~ l I " ~ ~ ~ " .. - .~ :.ii 'I ~ I . ~ ~ 'iil ii 11 " :1l ~ ! T, TiliJilll .~'r ~- "' -, - -, .'~ . IFL .,.,.....,.,..,~.'"'"".~,...~~r--",...,.,. . September 1, 1977 'xL,'ho 15 ~~ow'n Board T'T, :},:.f:.~:ol "i "I' Yor;~. 11)71 ;~, ,?:ot l.erv:.n: , 'cU.:nvin,O' action was taken by the Southold Town FIanning "':'" '" meetin '~held August. 22. 1977. EJ:';:r1f-V,;;D to reCommend to the Southold TO'WnBoard deniF\l of tne app', j' ptiOD ,/?7,4 of William and Barbara Schriever for !3 change of' zone or,':ro~"'ertYsit.tl!i\ted at Orient, Nel~Yorll:, :frO!t1""":N!' Re~',dl?rlti",l, m:dAvricultural District to "BII 1..11';h;; Business Dts.~:'tic':" based on -the following: ' 1. Rezoninr of. ,11,;18 Pto~e:rltM>w,9uJd:Odn8t~ut':Rnot zOl~!.ng. L~ . . '~,'" . . !~~; :? Improper use Q'f'the PrQp.,ntY'Peoause crt' ~'q~tial b:"affic hazard with reference to;'Oysterpontf.:.U1I0!iFiOee"'School Diwtt'ict. It is 1ncone.ilJtenttli-thtthe oSol.\thold TCi>Wl\ developmmt \'. "... ',1Ii. '.1,:-:. _< , n,i.a~l. """.,." ~: Yours truly., ~ ,~,4, .?", ~. \.. ,- '\:'t,,:," "" ! . ~ " ~~ Muriel Brush. Secreaary Southold. T~ Planning Board . -'--~..-.--'~---~-'-'---'-~-----_. ~. xxxx::oc 765-1938 June 30, 197'7 ,," B08r~ 0.: ~0ation r~ysteT"';~)::>.-l,::"' LJ ~ 'C' ~;3 ~ D. jYl~,in F{f)?irj 'r:i "'1':- ,\f8\<1 York 11957 DB~U~ 3o~:;:ccl Nenihers: Hr. "'ilU.am Schriever has made application for]. change !~;-~ ,., ~ :cone from "A" Agricultural and ResIdential to "B~: Business (Llr;ht) direetly to the south across from the sChoo$' 0)1 Route 2~. This parcel contains an area of eight acres. ~,,; ...'>.....:0....., The Planning Board would appreciate your comme*-ts and recomlllendations on this application as we would like to dete~nine what impact it might have on the schOol. Yours truly, Muriel Brush, Southold Town SecretaI!lr '.-r Plann1n~,Board ,,,,-< f,j: ;, ~. j ~ ij )' i~ 1 " I' I~ r j : . . . . . xxxxx:'C 765-19:58 June 14, 1977 Ms. Martha Terry Orient Cemetery Association Orient., New York 11957 Dear Ms. Terry: We have had a petition for a change of zone of pro~erty of W:llliam and Barbara Schriever presented to this board by the ~ro'Nn Board for our recommendations. We note that the property is adjacent to the Orient lS' Cemetery and would appreciate having any comments from your y, association. . '.;. Yours truly, John Wickham, Chairman Sou"bhold ;rown Planning,Board JW/mb " . . COMMISSION Setb A. ilubb.,d Chairman Lee E. Koppelman Director 01' PJanning Suffolk County Department of Planning ~t.. ~..,:, CO~,,~ , ~~'0-'" :.v,~' .,.'t. .....7 ... ~ , ;'-J ~ ;;:;~ .,-<'.~f.rI ....j.'.~.,. .~., .~~ T: '''_ .r"J .~~ JOHN V.N. KLEIN, County Encutive Velera", Memorial Highway Hauppauge, L. I., N. Y. 724.2500 March 25, 1977 Mr. William W. Schriever Main Road, Box 128 Orient, N.Y. 11957 Dear Mr. Schriever: In response to your letter of loI-arch 22, 1977, please be advised that in accordance with requirements of the Suffolk County Charter and policy of the Suffolk County Planning COmmission, communications and other explanatory in- formation pertaining to pending zoning actions must be submitted through the offic,es of the local municipal referring agency. Very truly yours, ~ &- Xrtf-L-- Lee E. Koppelman Director of Planning LEK:GGN:jk cc: Supervisor Town Clerk J Planning Board . . March 22, 1977 Mr. Lee E. Koppleman, Director Suffolk County Department of Planning Veterans Memorial Highway Hauppnu~0, N. Y. 11787 Dear Nr. 1\.1.)\>1>1 0U1an: Thank you for your letter of March 16, 1977, which defines tho legal constraints that apply to private communications with the Suffolk County Planning Commission. I remember trying to discuss my plans with the Commission a few years ago and being told that they would only be considered after an application was transmitted by the Town Planning Board. In this case that condition was satisfied but I guess it was too late. Today, my wife and I have submitted another zoning QPplication to the Southold Town Clerk to provide for the remaining business zone necessary to create the business district in the hamlet of Orient which was the main subject of my letter of March 14, 1977. Clearly it is now too early to discuss this application. But I would like to ask if there will be some time when a new letter would be appropriate or whether my letter of March It" 1977, could be reconsidered with the new application~ I have spent nine years accumulating the property and developing this plan for a business district in Orient. The economics of the situation are such that the time has come when the decision must be made. If my frustrations don't show, I woul d be surpr i sed. Town Clerk /)f)~~lY I/),/s'/!J ~ 1f/~~~c;Ic~ William W. Schriever Main Road, Box 128 Orient, N. Y. 11957 Copies to: Supervi sor Planning Board ,. . . COUMlSSlON Seth A. Huhbud CIuirm"" Lee E. Koppcl=n DffmOf' of PI4#111;"Z Suffolk County Department of Planning JOHN V.N. KLEIN, COllnJy Exullti." Velera1lJ Memorial Highway HtZllppallge, L. I., N. Y. 979.2921 Mr. William W. Schriever Main Road Orient, New York 11957 March 16, 1977 Re: Application of "Wi.lliam and Barbara Schriever" for a change of zone from "B" Light Business to "c" Light Industrial, Town of Southold (SD-76-16) Dear Mr. Schriever: In response to your letter of March 14, 1977, please be advised that the decision rendered by the Suffolk County Planning Commission in letter of November 4, 1976 was consistent with information submitted with the above captioned zoning action. The Suffolk County Planning Commission will only reconsider such zoning action upon written request from: (1) any responsible Town official or his designee when accompanied by specific new information; or (2) the Town Clerk ",-hen an amended or new application is filed. In accordance with requirements of the Suffolk County Charter and policy of the Suffolk County Planning Commission, no comments can be offered on other contemplated rezonings in the locale until such time as an application has been submitted through the office of the local municipal referring agency. Very truly yours, -~ ,--r dv- C Lee E. Koppelman Director of Planning LEK:GGN:jk cc: Supervisor Town Clerk Planning Board . . Mr. Lee E. Koppleman, Director Suffolk County Department of Planning Ve,terans Memorial Highway Hauppauge, N. Y. 11787 March 14, -1977 , " Dear Mr. Koppleman: About the middle of April the Southold Town Board will hold a public hearing on an application for a change of zone from "B", Light Business, to "C", Light Industrial, on a parcel which my wife and I own on Tabor, Road in Orient. Mr. Gerald G. Newman, in a letter dated November 4, 1976, to the Southold Town Clerk has indicated that your Commission has decided to disapprove our application. I am not ,sure whether the local law permits me to correspond directly with you or whether there is any possibility of the decision being reviewed, but the issue is so important that I am writing to request such a review and I am enclosing a copy of the letter referred to above. The issue at stake here is much broader than the question of this single application, and I feel that the entire proposal needs to be reviewed and then this particular application decided in that context. I have written a latter dated February 22, 1977, to the Southold Town Board which outllnea the broad proposal and I am enclosing a copy of that letter for your review. I am also enclosing a copy of a map dated August 31, 1973, which details the area in question and describes the proposal which I have made. The real question which I want to resolve is whether Orient is to ever have any business district and, If so, is our property to be that business district. If it is to be the business district, tben I . want the area appropriately zoned. If it is not to be the business district, then I want to develop the entire area as residential. And I need the matter resolved so that I can design the most efficient plan to accomplish the ordered result. We cannot'continue to hold this property in its present state. Should the business district be so limited in extent that it detracts from the predominantly residential character, then I will petition to have the present business area reduced to Include only the parcel that Is the subject of the present application. That will stop all future business development in Orient if that is what is desired. ~ , . . March 14, 1977 Mr. Lee E. Koppleman (continued) The subject oft~he present application is a half-acre parcel which contains a building having 6,600 square feet of area on the ground floor , and an additional one-acre parcel to the south which is vacant. My wife has owned the half-acre parcel and building since 1969 and a variance has been granted on it to use it for the Schriever Construction Co., Inc., an excavating and road construction business with many trucks and pieces of heavy equipment. The building has been extensively remodeled and improved but the work on it has not been completed because of the economics of the construction business combined with our inability to sell a part of our property. The one acre parcel waslpurchased by me in 1973 so as to provide sufficient space for the storage of equipment next to the bUilding. As a part of that purchase, the balance cf the vacant land south of the building was acquired and my inability to dispose of at le"st of part of this land is causing a financial hardship to the business. At the present time I am involved in a new business with Mr. Roy W. Latham of Orient, a professional engineer. We have formed a partnership, Schriever and Latham, and a new corporation, Flightpath System" Inc., both of which we wish to locate in the office area of the building in question. The partnership is an engineering and scientific firm specializing in the application of computers. The new corporation is' a particular application which involves using a computer together with DME equipment to create a precision positioning system for aircraft. Roy was the inventor of this system while employed at Grumman and we are being licensed by Grumman to exploit the patent. It is becayse of .. these businesses that we wish to change the zoning to the appropriate classification. In addition I wish to extend the zoning to include s~fficient parking area for the storage of equipment. If the new businesses are successful, it seems likely that the excavating business would be phased out. I would very much like to sell some of the land and reinvest the money in the new business. , . . Mr. Lee E. Koppleman (continued) March 14, 1977 In Mr. Newman's letter of diaapproval as previously mentioned, there were four reasons given for the action and I would like to discuss them " one at a time: 1. "It is inconsistent with the Town of Southold Development Plan which designates this area for single family residence development." I believe that someone made an error here since the property in question and several acres to the south were zoned "B", Light Business, when the Development Plan was adopted. The bUilding and the construction company were in existence at the time. Were the argument based on such a fact, then I should have drawn your attention to the fact that the Development Plan and the Zoning Map are essentially identical. If all applications for zoning were to be judged by such a standard, none would ever be granted. Zoning is not an administrative function. If it were, it would be handled by the Planhing Board. 2. "It is inconsistent with the pattern of zoning in the surrounding area and therefore must be considered as "spot zoning"." It is to deal with this objection that I am writing "to you now. It is a fact that the parcel in question is a part of the only undeveloped business property in Orient and the largest single area zoned business. If this is "spot zoning" then the entire business area in Orient is "spot zoned", a fact whi~h I happen to believe. And it is to correct this situation that I have proposed a business district for Orient which can be made as large as desired, up to 26 acres if you wish. I made this appplication to Cover my immediate needs upon the recommendation of several peopie who " , felt that a larger area would be less acceptable politically. I have mad.. an offer to correct any "spot zonIng" which you feel exists, and it the Town chooses "spot zoning" then I shouldn't be made to suffer for it. 3. "It would tend to establish a precedent for further industrial downzonlngs in the area." The only other developed property other than two cemeteries that fronts on Tabor Road has a variance allowing its use for another excavating bUSiness, a competitor of my construction company. . . . March 14, 1977 Mr. Lee E. Koppleman (continued) If' two existing "C. zone businesses and the absence of any residential use along Tabor Road are not sufficient precedent to grant my present , application, then I fail to see any merit whatever to this argument. This application, if granted, would not add any new use to the area, it would only confirm an existing use. 4. "There appears to be ample available industrial zoned land throughout the Town of Southold." Perhaps, but I don't see that that has any bearing on this particular application. This is not an application to construct a new facility. We alr.eady own this building and it is being used for a "C" zone business. There exists a demonstrated demand for such zoning in Orient as evidenced by the existence of six excavating businesses in Orient including mine. They are Latham Sand and Gravel, Roger Tabor, Bob Douglass (Orient Trucking and Construction), Roscoe King, and the old yard of Eastern Excavating. In addition 'there are two landscaping contractors with similar equipment, Joe Andrade and Gary Tabor. Of these eight businesses operating heavy equipment in Orient, mine is the, only one located on business zoned property. None are conforming since mine is not properly zoned pending this application. And these heavy equipment businesses located in Orient exceed in number all of those throughout the remainder of the Town of Southo1d. There is a great deal of industrial property in Orient that doesn't show on the Zoning Map. Around the end of 1968, as I remember it, I applied for a change of zone on the nine acre parcel across the street from the building in' question. I wanted to erect a new building to house the excavat~ng business. That application was approved by both the Southb1d Town Planning Board and by the Suffolk County Planning Commission. It was denied by the Southo1d Town Board. Subsequently the Development Plan has designated this present parcel as business and the excavating business has located in this building. In spite of this, the present petition has been disapproved. These decisions are just not consistent. . , .. . . March 14, 1977 Mr. Lee E. Koppleman (concluded) As I said at the beginning of this letter, the main question that must be resolved is the designation of a business district for Orient. , ., If the parcel in question is to be a part of such a business district, then I feel it should be zoned "C", Light Industry,for all of the reasons given. If there is to be no signifi~ant business district, then I want the area zoned residential so that I can proceed with development. This building will be used to house these new businesses, either properly zoned or as an extension of the non-conforming use. I feel a moral obligation to provide for a business district for , Orient on a least a part of these twenty-six acres. Having made the offer to all appropriate agencies of government and to the public, my responsibili- ty is discharged as I see it whether it is accepted or rejected. My intention is to develop into residential lots all property not designated business by appropriate zoning. There will be three zoning applications made of which this is the first. The second will be to zone the nine-acre parcel "B", Light Business. The third will be to zone the area around th, Town Sump as "B", Light Business. If all applications are denied, then a fourth application will be made to zone the present business ar~a as f' "A" residential, that is all except for the parcel of this application. Subsequently, the residential area will be mapped as house lots. It would be nice if the Suffolk County Planning Commission would either support my plan or offer a plan of its own. So far I have been unable to get any help from the Town of Southald in developing a plan. That is the reason I have had a resort to the procedure above to resolve this Copies To: . Town Clerk Supervisor Planning Board Superintendent of Highways Main Road Orient, N. Y. 11957 323-2456 --------.~ ~L ~ . . March 5, 1977 Southold Town Planning Board Town Clerk's Office Southold, N. Y. 11971 Gl!!ntlemen: The Board of Commissioners of the Orient Fire District are presenting to the voters a bond referendum on the purClhase of 3.8 acres of property for a new fire house and teurnament facility. The property in question consists ef a strip 200 feet in width running from the Main Road to the main cemetery and is owned by Horace and William Y. Terry. In the C1ase of' Will iam Y. Terry, this sale represents a continuation of the subdivision of' his 30 acre pareel for which there has never been any approved plan fer subdivisien. The aspect of this sale which concerns me is~hat no consideration has ever been given to the provision for a road connecting Tabor Road with Platt Road. Once this property is acquired by the Orient Fire District it will be difficult to arrange for the transfer to the Tewn. It seems to me that this sale constitutes a subdivision of the property of William Y. Terry and therefore is subject to the approval of the Planning Board. There have been repeat~d casual sales from Mr. Terry's parcel over the years but nene having the impact on future dpvelopment that this sale represents. Practically, it will completely block access between Mr. Terry's property and that of my wife. In two letters to the Board of Fire Commissioners, one dated October 6, 1976, and a second dated October 16, 1976, I have offered to provide for a Town road just north of the main cemetery which would connect with the south end of the property being acquired by the Orient Fire District. Neither of these two letters were answered. The only discussion of' a road that I have heard in connection with this property has been a mention of Mr. Terry providing fer a road just east ef the proposed purchase and connecting with the Main Road. Ne mention was made ef the ultimate cennectien of this road with any other road, existing er proposed. I questien whether the State ef New Yerk will permit anether entrance so elose to Tabor and Platt Reads. It seems te me that cnother entrance "euld be undesirable frem a traffic peint of view though I have no personal obJection to it. .- .. ---"'~."'''''r~'-' - . . March 5, 1977 Southold Town Planning Board (continued) I share the concern of the Board of Fire Commissioners in trying to make provision for the future location of a new fire house for Orient. It is not my intention to raise any objection to the location they have selected nor to interfere in any way with the bond referendum that will b,. put before the voters ef Orient later this month. The thing that I do object to is the transfer of a parcel of this size without any formal consideration of the impact it may have on the future development of Orient. If this same parcel were being put to private use, whether residential or commercial in character, some provision would have to be made for a<:cess to the property and for the flow of traffic across it. Although the construction of the fire house is probably outside the control of the Town, the subdivision of the Terry property is clearly subject to approval by the Planning Board. As a minimum, it sheuld be treated as a minor subdivision. Under the interpretation that applies to most of us, a major subdivision of the entire parcel should be dealt with. All I am asking is that the rules for a miner subdivision be applied to the ex.tent necessary te define the access roads. Since no plans even exist for the construction of any facilities on this property, no delay will occur in the development of this property as a result of the time required to process this subdivision. Nor should it have any effect on the bond referendum. But I believe it sheuld occur before the transfer of the parcel to the Orient Fire District. I base this on my understanding of the difficulty of transferring property out of the ownership of the Orient Fire District once it is acquired. As an alternative, I would accept a provision in the deed to the Or:lent Fire District which would I>I!0vide for dedication to the Town of a 50 foot ROW on the south end of the parcel. q(JE~:ii~ William W. Schriever Box 128 Orient, N. Y. 11957 . . . r February 22, 1977 $outho1d Town Board 16 South Street Greenport, N. Y. 11944 Gentlemen: On August 13, 1976, my wife and I filed a petition for a change of "one on a parcel fronting on Tabor Road in Orient. Later, after it became apparent that some matters having " significant bearing on our petition ",nuld rem:\ln unresnlveod nt thf'l lime of L:he puhlic h('lnrlng, we requested, through our attorney on October 20, 1976, thut the public hearing be postponed. At this time I believe that the outcome of most of these matters is sufficiently well determined, if not resolved, so that we should proceed with the public hearing. At this public hearing I expect that I will have ample opportunity to deal with matters directly related to this petition. However, I would like to take this opportunity to discuss with you a fundamental decision which I feel must be made before this petition can be acted upon fairly. And that fundamental decision is the location, nature, and extent of the future business district in Orient. As you know, my wife and I have purchased all of the vacant frontage along Tabor Road in Orient. In 1968 we made a decision to locate the Schriever Construction Co., Inc., along Tabor Road and in 1969 an existing building on the west side and a nine acre parcel on the east side of Tabor Road were purchased following approval of a variance to use the building for such purposes. Earlier we had petitioned for a change of zone on the nine acre parcel but that petition was denied. Subsequently, ul~n the adoption of the Master Plan, the frontage on the west side of Tabor Road was zoned for business. Based upon these facts, I have copc1uded that Tabor Road was selected by both the Planning Board and the Town Board as affording the best location for a future business district for Orient. I feel that the d"cision was the correct one for many reasons. It was and still is the only street in the village that is completely free of residential frontage. It is well located in relation to the highway and to such community facilities as the school, the fire house, the churches, and Poquatuck -1- . . . . ~ r~bruary 22, 1977 Southold Town Board (continued) Hall. It can be widened inexpensively and it can be extended to King Street to divert traffic from Village Lane. Assuming that I have drawn the correct conclusion concerning the location of the business district, the parts of that decision that r,emaln are the nature and extent of the business district. My wife and I would like to 'gain approval for an overall plan to develop our property along Tabor Road so that we can begin to dispose of some of the property. And your decision on the nature and extent of the business dlstrict is essential to that plan. Your approval of my application for a cluster subdivision togeth~ with the approval of a variance to use the lot on the corner of Tabor Road and Orchard Street for residential purposes seems to me to define the western arid southern bounds of the business district, at least in so far as it affects our properties. Since any further residential development west of Tabor Road would require residential frontage on Tabor Road, I plan to apply for a change of zone to light business for the property around the Town Sump on the west side of Tabor Road. Our decision on the development of the nine acre parcel east of Tabor Road has been held up for several years pending a possible sale of a part of that parcel to the Orient Fire District. This winter the Board of Fire Coromi ssioners Q.!lve made their decision to purchase a parcel just east of our nine acre parcel owned by Horace and William TE!rry. On January 4 the voters defeated the bond issue for that purchase. The same proposition will be voted on again on March 23, 1977. Clearly WE! have no further obligation to the Orient Fire District and we must make other plans for the development of the nine acre parcel. This nine acre parcel is bounded on the north by the Main Road and fronts across from the school. It is bounded on the south by the cemetery. Its frontage along Tabor Road is opposite business zoned property. And now it appears that it will be bounded on the east by the tournament facilities of the Orient Fire District. Clearly this nine acre parcel is cut off from any residential area other than the -2- " . . February 22, 1977 Southold Town Board (continued) three existing homes along the Main Road that are trapped with it. I can see no logical argument for continuing to plan on the residential development of this parcel. Since the tournament facility, if not the fire house itself, of the Orient Fire District is obviously of an industrial nature, the eastern bound of the business district is not yet established. But the eastern and northern bounds of the business district as it affects our property seems to me to be determined. I hope that you gentlemen will concur in my conclusions as to the bounds of the business distrfct. It is crucial to the future of Orient that the decision be made now So that the necessary property can be set aside. The final part of the decision has to do with the nature of the business development which will be required in the future. In drawing conclusions as to the future I believe it is essential to consider the constraints that will be applied by the energy shortage. For one thing, it seems obvious that even in my lifetime the automobile as we know it will become so expensive to operate that it will become a luxury. Thete is no question in my mind that suburban sprawl wlll become a thing of the past, notwithstanding the efforts of our local governments to preserve it. We will have plenty of open space, not by government decree but as a result of practical economics. Public transportation will become essential to the working class to survive. And shopping facilities will have to become centrally located within the residential communities to survive. For these reasons we must have a business district in Orient that our residents can reach without an automoblle. And it will have to bE' sufficient to serve all of their dally needs. Since our present zoning regulations and health code effectively prohibit the type of retall shops that have served our country for two hundred years, a shopping center is essential to provide space for small retail shops that would otherwise be economically prohibited. In addition we will need separate parcels for a branch bank, a post office, ar.est:auran't or two, and shops for the tradesmen of the community. And we should provide space for professional offices and as many small -3- ," . . February 22, 1977 Southo1d Town Board (continued) industries as we can attract to provide employment and an economic base for our community. As the energy shortage becomes more severe, our whole standard of living is going to continue to "drop and the tourist industry is certain to decline. And besides, the tourist industry provides only seasonal unskilled jobs for our residents; jobs that are just one notch above that of a migrant farm worker. We are going to need skilled and professional jobs to build a viable economic base for our future. It seems unlikely that Orient can attract many small industries, but the Town of Southo1d certainly can. Roy W. Latham and I are starting a new industry in Orient that will provide a few jobs for highly-trained technical people, so it can happen. The zoning that will be required to develop the business district will ultimately be a combination of "B", "B_1", and "C". Practically, the whole area could be zoned "C" without the Town giving up any control over the development of the area since every use beyond "B" requires a Special Exception. On the other hand the lot sizes increase from ha1f- acre for "B" to one-acre for "C" so that downzoning beyond what is r..quired wastes space and causes unnecessary expens.. Thus it seems to me that some type of balance in the zoning is going to be necessary eventually. For now I would be satisfied if the majority were zoned "B" so that it can be set aside as business property. My wife and I have applied to have the existing shop building and an adjacent one- acre parcel zoned "C" because I feel that that building has no practical use in a "B" zone, which is the present status. It would have use in the "B_1" zone as an automotive garage or automotive sales facility but I feel that Orient is just not a location which could attract that type of facility. The only uses which I feel are practical in Orient for that building are as a garage for heavy equipment, which is its present use, or as an industrial building for light manufacturing or research and development. These are all in the "C" zone. I would not object if the "e" zone were extended for an additional acre to the south. -4- . . February 22, 1977 Southold Town Board (continued) To complete this discussion, I would like to review the public facilities that '1 have already proposed. My wife and I have offered to donate to the Town an additional 20.5 feet, on average, bordering Tabor Road throughout its length to provide for widening it to a 70 foot ROW so that it can be paved, ultimately, to a width of 50 feet. Originally I had proposed to undertake most of the road construction at my own expense providing the Town would surface the road. After we had apparently r,esolved our differences on the drainage which I was going to donate, the offer was rejected because of the expense of the surfacing. Finally I offered to donate the property with no strings attached as to the construction of the road. This offer has not been accepted. I feel that the Town should accept the offer while it is still possible. It is interesting to note that the Planning Board's own code on the Sub- division of Land, Section Al06-33, requires an 80 foot ROW for a Secondary or Collector Street, which is exactly what Tabor Road will become when it: is extended to King Street. And yet your objection has been that a 70 foot ROW is too wide. Aside from the traffic problem, one of my concerns is that the Town may f.ind the narrow street a basis for re- j"cting some project along Tabor Road in the future. Isn't one Village Lane enough. My proposal to build a subdivision street connecting Tabor Road with Village Lane received a great deal of attention. Again quoting from the Planning Board's own code on the Subdivision of Land, Section AI06-32, "The arrangement of streets in the subdivision shall provide . ,.. for proper projection of such streets into adjoining properties in order to make possible necessary fire protection, movement of traffic and construction or extension, presently or when later required, of ne,eded ut i li ties and public services, such as sewers and water dra inage facilities." As you know I w'lnll to great expense to provide for the extension of this street to Village Lane for all of the good reasons quoted above only to have my efforts discouraged. -5- . . . !""hrullry 22, 1977 Southold Town Board (Continued) On the west side of Tabor Road, across from the cemetery, is a gravel-filled sump, half on the Town's property and half on mine. Not only is the sump an eyesore but it is so high in elevation that it cannot be used to provide drainage for the surrounding property. I have offered to provide other, and better, drainage facilities to substitute for this sump, first as a part of the widening of Tabor Road and later as a part of the drainage of the subdivision. Certainly there is some substitution that can be made for this sump that is acceptable to the Town. In conjunction with the development of the Orient Fire District property, first as a part of my offer to the Board of Fire Commissioners dated October 6, 1976, and later in conjunction with the development of the Terry property in a letter dated October 16, 1976, I have offered to donate to the Town of Southold a parcel fronting on Tabor Road and extending to the Terry property sufficient to construct a parking lot for the use of any businesses in the area, the school, and the fire house. The condition was that the parking so provided would count toward any parking required for the businesses. Obviously the nine acre parcel would have to be zoned for business. Also offered to the Town of Southold w"s a 50 foot ROW along the north side of the cemetery providing the Town would construct a public road to its own specifications. Both of these public facilities would provide a more direct access to the fire house and greatly increase parking where it is most needed. I assume that you are aware of these proposals. It is my understanding that William Terry is proposing a 50 foot ROW just east of the fire house and I would hope that these facilities would connect with that through the property of the Orient Fire District. After you have discussed this plan among yourselves, I would very much like to meet with you to see if we can reach some conclusions. If there were some way to bring the plan in its totality before a public hearing, I would take that action. However, the power to do this lies with the Planning Board in a revision of the Master Plan as nearly as I can figure out; -6- . . . " February 22, 1~77 Southold Town Board (concluded) If Tabor Road is the designated business district for Orient, then l.t seems to me that our petition for a change of l'ione should be approved, As we both know, the existing variance creates a non-conforming use, and Section 100-118 of the Zoning Code provides for the conversion of a non- conforming use to another use of the same or higher classification. Unless the building is destroyed or the present use is abandoned, the building and the smaller parcel are essentially zoned "C" now. The main purpose of the petition is to extend the existing use to the one-acre parcel to the south which was not included in the variance since I didn't own it at the time. I should also point out that with the addition of the parcel on the south, the property becomes conforming in area to the requirements for the "e" zone. The building does not conform in setback but the widening of Tabor Road, as proposed, will add 15 feet to the setback which will be very helpful. If Tabor Road is not to be the designated business district for Orient, then I certainly need to reassess my plans for the development of our property. That decision needs to be made before I reapply for approval of my subdivision and I hope that that will be soon. Can't we resolve this problem? ^~e~e~ YJ'ur~!1 . l//~~~-;;S- William ~chrillVer Copies To: Town Clerk Superintendent of Highways Planning Board -7- JUDITH T. TERRY T OWN CLERK REGISTRAR OF VITAL STATISTICS . TELEPHONE 765-3783 April 13, 1977 Southold Town Planning Board Southold, New York 11971 Gentlemen: Transmitted herewith is petition of William and Barbara Schriever requesting a change of zone from "A" Residential and Agricultural District to "B" Light Business 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 recommenda- tions. Very truly yours, ~~~r--. Judith T. Terry Town Clerk " Mr. 'ili11iam Schriever Main Road Oriell1t, New York 11957 Dear y~. Schriever: . ~~ '.-,-,.", .-'" . April 8, 1977 I presented the Planning Board with your question of starting to ,preplU'e maps' for a subdivision on proper1t~...or which you have made apPlication for a change of zone. The Board pend:lng at the "',~- ,. was .i:n.ilJ;~eem~nt salle time on the that two actions, cannot "-,: ,.' sam~ piece of property. be Yours trulY~ Muriel B1'"\1Ilh, Seof-tary ,.'~ . COM:MlSSlON Seth A. Hubh.ard Ch.iJirman Lee E. Koppelman Dir~ctor of Planning . . Suffolk County Department of Planning JOHN V.N. KL~IN. County Executl., Vetera... Memorial Highway HauppaUlfe, L. 1., N. Y. 979.2920 '. November 4, 1976 '\ Mrs. Judith T. Terry, Town.Clerk Town of Southold Main Road Southold, New York 11971 Re: Application of "William and Barbara Schriever" for a change of zone from "B" Light Business to "c" Light Indus- trial, Town of Southold (SD-76-l6) Dear Mrs. Terry: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on November 3, 1976 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. . It is inconsistent with the Town of Southold Development Plan which designates this area for single family residence development; 2. It is inconsistent with the pattern of zoning in the surrounding area and therefore must be considered as "spot zoning"; 3. It would tend to establish a precedent for further industrial downzonings in thE' area; and 4. There appears to be ample available industrial zoned land throughout the Town of Southold. \. Very truly yours, . . Lee E. Koppelman Director of Planning GGN:fp ce: Planning Board byA~~~~ Gerald G. Newman Chief Planner - _,;~;o-=~.. -- =-__,__"....__ . -----.--...--...--. .