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HomeMy WebLinkAbout1000-18.-5-12 Ln , Southold Town Board of Appeals Ol rb0 MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.L. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3576 Application Dated November 3 , 1986 TO: Charles R. Cuddy , Esq . as Attorney [Appellant (s) ] for MRS. BARBARA D . SCHRIEVER 108 East Main Street , Box 279 Riverhead , NY 11901 At a Meeting of the Zoning Board of Appeals held on November 20 , 1986 , the above appeal was considered, and the action indicated ow was a en 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 , Section [X ] Request for Withdrawal of Appeal No. 3393 Application of BARBARA D . SCHRIEVER to withdraw Variance condi - tionally approved under - Appeal No . 3393 on September 26 , 1985 , and to reinstate in full the 1969 Variance conditionally approved under Appeal No . 1260 , permitting the use of a 5 ,600 sq . ft. existing building for storage and repair of contractor 's machinery and equip- ment . Location of Property : West .Side of Tabor Road , Orient , NY; County Tax Map District 1000 , Section 18 , Block 05 , Lot 12 . "B-Light" Business Zoning District . WHEREAS , a public hearing was held and concluded on Novem- ber 20 , 1986 in the Matter of the Application of BARBARA D. SCHRIEVER under Appeal No . 3576 ; 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 : 1 . By this application , appellant requests a withdrawal of the conditional variance rendered by this Board under Appeal No . 3393 on September 26 , 1985 , in which woodworking and metal shop and artist studio , without residential use , was permitted , and automatically terminating the 1969 conditional variance rendered under Appeal No . 1260 upon a transfer or conveyance of the subject premises , or occupancy of the proposed wood- working/metal shop and artist studio uses . 2 . The premises in question is situate along the west side of Tabor Road commencing at a point approximately 115 feet south of the Main Road (State Route 25 ) containing an area of . 528 (CON,TINUED ON PAGES TWO AND THREE) �ea' �a DATED: November 20 , 1986 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3576 Matter of BARBARA D . SCHRIEVER Decision Rendered November 20 , 1986 acreage , lot width [frontage] along Tabor Road of 123 feet , and average lot depth of 187 . 24 feet. Properties to the north and west of this parcel are zoned "A-Residential and Agricultural " ; property adjoining this parcel along the south property line is also zoned " B-Light" Business . Properties along the east side of Tabor Road are zoned "A-Residential and Agricultural . " 3 . The building as exists contains an area of 6 , 903 sq . ft . on the first floor and an area of 1 , 500± sq . ft. on the second floor. The subject building is shown on survey as amended August 27 , 1985 prepared by Roderick VanTuyl , P . C . to be set back 22 feet from the front (east ) property line along Tabor Road [at its closest point] , 15 feet from the south property line along property now or formerly of William Schriever , and 19 feet from the north side property line . Town records show that the setback of the entire structure as exists is 50 feet from the rear (west ) property line along land now or formerly of Tabor . 4. The variance conditionally approved June 12 , 1969 under Appeal No . 1260 permitted the use of a 5 ,600 sq . ft. existing building for storage and repair of contractor ' s machinery and equipment . The 5 ,600 sq . ft . building (without addition ) is more particularly shown on survey amended August 27 , 1985 prepared by VanTuyl & Son (submitted with this application ) . Subsequent to the 1969 variance , the subject premises was rezoned by the Southold Town Board from "A-Residential and Agricultural " to "B-Light" Business . Under the " B-Light" Busi - ness zoning regulations , such use is not a permitted use . 5 . The variance conditionally approved September 26 , 1985 under Appeal No . 3393 permitted the use of the entire 6 ,903± sq . ft . first floor area for small - scale fabricating without heavy manufacturing of machinery or equipment , a mail -order business , office areas , and manufacture of parts for portable saw mills, in conjunction with an artist studio . This variance did not permit residential use and called for the immediate -.-termination of the 1969 use variance upon a transfer or conveyance of- the property , or occupancy of the uses herein , whichever occurred first . Upon information and belief, there has been no transfer or conveyance of the subject premises . 6 . It is the position of the applicant/property owner ,at this time to continue the use 'of' the premises in accordance with the 1969 Variance under Appeal No . 1260 , with or without a conveyance of the land , rather than allow same to be auto- matically terminated with a conveyance as stipulated by this Board ' s 1985 decision (Appeal No . 3393 ) . The subject premises was never occupied for those uses permitted under Appeal No . 3393. 7 . It is the understanding of this Board that the use of the premises (as conditionally permitted in 1969 ) has not been discontinued and has not lapsed . Since there has been no transfer or conveyance of the subject property , the use of the 5 ,600 sq . ft. building for storage and repair of contractor ' s machinery and equipment is still in full force and effect . This Board does not , however , recognize any other additional use , and hereby limits the property in question to the " storage and repair of contractor ' s machinery and equipment" and not in conjunction with any other use which may be compatible under the proposed or current zoning regulations (unless approval for such change or addition is obtained after formal application to this Board , or the 1969 use variance is withdrawn and terminated in its entirety ) . Page 3 - Appeal No . 3576 Matter of BARBARA D. SCHRIEVER Decision Rendered November 20 , 1986 8 . For the record , it is noted that the proposed Master Plan under review currently depicts the subject premises to be rezoned to "B" General Business , which lists under Article X , Section 100-101 (A) , " Permitted Uses , " at subsection [4] " . . . building . . . contractors ' businesses or yards . . . . " Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , to APPROVE the request under Appeal No . 3576 in the Matter of the, Application of BARBARA D . SCHRIEVER withdrawing the variance conditionally rendered under Appeal No . 3393 September 26 , 1985 , and reinstating the variance conditionally approved under Appeal No . 1260 June 12 , 1969 , to allow the sole use of the subject 5 ,620 sq . ft . building for storage and repair of contractor ' s machinery and equipment. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . 1 k GERARD P. GOEHRINGER, AIRMAN November 25 , 1986 oS��Fack�y 0 L0 z Town Hall, 53095 Main Road 0� P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516) 765-1801 REGISTRAR of VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 4, 1986: WHEREAS, Charles Cuddy, Esq. , on behalf of Barbara A. Schriever, has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to the decision of the Town Board on November 19, 1985, and WHEREAS, Charles Cuddy, Esq. appeared before this Board and explained the nature of the uses for which the premises are to be used, now, therefore, be it RESOLVED that the Town Board hereby waives the provisions of Local Law No. 14 - 1985 to allow the applicant to submit an application to the Southold Town Board of Appeals with respect to the use of said premises located on the west side of Tabor Road, Orient, subject, however, to the applicant obtaining any and all permits and approvals required by the Town and other governmental agencies having jurisdiction thereof. 4 Judith T. Terry 4 Southold Town Clerk � n v' Town Hall, 53095 Main Road P.O. Box 728 V1 }-ui'a�` Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETTING HELD ON NOVEMBER 192 1985: WHEREAS, Charles R. Cuddy, on behalf of Barbara D. Schriever, has requested that this Board-waive the provisions of Local Law No. 14 - 1985 with respect to her application presently pending before the Southold Town Board of Appeals, Southold Town Planning Board and Southold Town Building Inspector, and WHEREAS, this Board finds that the applicant proposes to establish a machine shop and artists studio in the first floor of an existing building located on the west side of Tabor Road, Orient, and WHEREAS, this Board deems such use consistent with the uses in a B-1 District as proposed by Raymond, Parish, Pine & Weiner, Inc. 's Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and she hereby is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in the B-1 District with respect to her application presently pending before the Southold Town Board of Appeals, Southold Town Planning Board and Southold Town Building Inspector for an amended variance, site plan approval and building permit, subject, however, to the applicant obtain- ing any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. U Judith T. Terry Southold Town Clerk • fat*, � o � • Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 13, 1985 To: Southold Town Planning Board Southold Town Zoning Board of Appeals Southold Town Building Department From: Judith T. Terry, Town Clerk Re: Request for Waiver - Barbara D. Schriever Please submit all pertinent data in your files pertaining to the waiver request of Charles R. Cuddy, Esq. , on behalf of Barbara D. Schriever, for property located on the west side of Tabor Road at Orient. Attachment �• ESSEKS, HEFTER, CUDDY & ANGEL COUNSELORS AT LAW 1 08 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS WATER MILL OFFICE MARCIA Z. HEFTER RKHVEp (516) 369-1700 MONTAUK HIGHWAY CHARLES R. CUDDY G/ P. O. Box 570 STEPHEN R.ANGEL �f TELEX-EHCA 6852318 UW WATER MILL, N.Y. 11976 NOVJAMES HEFFRON NJr 13 95 October 30, 1985 (516) 726-6633 THOMAS J. OSBORNE TOW&Ck-A Se,dMW Town Board Town of Southold Town Hall Southold, New York 11971 Dear Board Members: We represent Barbara D. Schriever who owns a parcel of land on the west side of Tabor Road at Orient . The property is in the B-Light Business District and was recently the subject of an application to the Zoning Board of Appeals . We request that you consider this letter as an application to waive the moratorium restriction imposed by local law #14 of 1985 so that Mrs . Schriever may reappear before the Zoning Board of Appeals with respect to this property. For a number of years the building at the Schriever parcel housed the heavy equipment and construction business operated by William Schriever. That use was the result of a 1969 variance granted by the Board of Appeals . Subsequently, the property was included in the B-Light Business District. In August 1985, Mrs . Schriever applied to the Zoning Board of Appeals to amend the existing variance to permit use of one-half of the first floor of the building as a machine shop and the other half as an artist 's studio. The second story was to be used as a residence . The proposed uses would significantly upzone the property from the present industrial type use . Under date of September 26, 1985, the Board of Appeals granted the application for the business uses on the first floor noting that this was consonant with the Master Plan which proposed that the property be zoned B-1 . However, the Board denied use of the second floor for residential purposes . For your records we enclose a copy of the Board 's decision. Not all members of the Board were present when the application was voted on and it appears that the Board failed to note that the surrounding area is virtually all residential and is zoned agricultural-residential . It also appears that the Board was not entirely aware that the proposed residential use by the prospective purchasers of the property was interrelated to the business use . Moreover, the Board 's decision was not entirely clear as to when the variance became effective. . I v • . Town Board Page -2- October 30, 1985 We believe the Board will entertain an application for a rehearing. However, because of the moratorium affecting business properties , this matter may not be reheard by the Zoning Board of Appeals without the Town Board 's approval nor may the applicants secure site plan approval or obtain issuance of a building permit. Based on the foregoing, we respectfully request that this Board grant a waiver to permit this matter to be reconsidered by the Zoning Board of Appeals . Very truly yours , Charles R. Cuddy CRC/ec cc: Chairman Zoning Board of Appeals cc : Abigail Wickham, Esq. cc: Mr. and Mrs . William Schriever c� FFOLKra Southold Town ijoard of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.L. N.Y. 11971 41 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3393 Application Dated August 15 , 1985 T0: Charles R. Cuddy , Esq . as Attorney [Appellant (s) ] for MRS . BARBARA D. SCHRIEVER Esseks , Hefter , Cuddy & Angel 108 East Main Street , Box 279 Riverhead , NY 11901 At a Meeting of the Zoning Board of Appeals held on September 26 , 1985 , 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 [X] Request for Variance to the Zoning Ordinance Article VI , Section 100-60 [ ] Request for Application of BARBARA D . SCHRIEVER for a Variance to the Zoning Ordinance , Article VI , Section - or permission to establish woodworking and metal shops , art studio , and apartment in existing building located in this "B-Light" Business -Zoning District, at the West Side of Tabor Road , Orient , NY; County Tax Map District 1000, ' Section 18 , Block 05 , Lot -12 . WHEREAS, a public hearing was held and concluded on Septembew ,l2� 1985 in the Matter of the Application of BARBARA D. SCHRIEVER under', _ Appeal No. 3393 ; and ! WHEREAS, the board members have personally viewed and are familiar, with the premises in question , its present uses , and the surroundin.g�,. area ; and WHEREAS , the board has considered all testimony and documentation`: submitted concerning this application ; and it is noted for the record'' -0,, that there has been no public apposition ; and WHEREAS, the board made the following findings of fact : f « 1 . By this application, appellant requests variances to permit: (a ) a woodworking and metal shop , (b) an artist studio ; (c) a single-family residential unit [apartment] on the second floor of an existi'Ag building located in a "B-Light" Business Zoning Dis- trict . 2 . The premises in question is situate along the west side of Tabor Road commencing at a point approximately 115 feet south of the Main Road (S . R. 25) containing an area of . 528 acreage , lot width and frontage along Tabor Road of 123 feet , and average depth of 187 . 24 feet . Properties to the north and west of this parcel are zoned "A-Residential and Agricultural " ; property "f adjoining this parcel along the south property line are also a zoned "B-Light" Business . Properties along the east side of ai+ Tabor Road are zoned "A-Residential and Agricultural . " — (CONTINUED ON PAGE TWO) i. r\ WE DATED- October 1 , 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD 1 ' rOF APPEALS 4r . 12/81) r a Page 2 - Appeal No . 3393 Matter of BARBARA D. SCHRIEVER Decision Ren Bred September 26 , 1985 3 . The building in question as exists contains an area of 6 ,903 sq . ft. on the first floor and an area of 1 ,500± sq . ft . on the second floor . The subject building is shown on the survey as amended August 27 , 1985 prepared by Roderick VanTuyl , P. C. , to be set back 22 feet from the front (easterly) property line along Tabor Road , 15 feet from the southerly side property line along property now or formerly of William Schriever , and 19 feet from the northerly side property line . The plot plan submitted for the record indicates a setback of 56 feet from the rear (westerly ) property line along land now or formerly of Tabor. 4 . The activities of the woodworking and metal shops are proposed by this application to be limited to small -scale fabricating without heavy manufacturing of machinery or equipment , a mail -order business , office areas , and manufacture of parts for portable saw mills (see brochures on the "Sperber" portable sawmill submitted for the record ) . 5 . The artist studio is proposed to be established at the westerly section of the building containing 1 ,400± sq . ft. of first floor area (50 ' x 28 ' recent addition ) . 6 . For the record , it is also noted that a conditional variance was granted under Appeal No . 1260 on June 12 , 1969 per- mitting the use of a 5 ,600 sq . ft. building for storage and repair of contractor ' s machinery and equipment . Subsequently, this parcel was re-zoned from "A-Residential and Agricultural " to "B-Light" Business in or about 1971 . 7 . It is further noted that as of this date : (a ) the site plan for this project is pending review and action by the. Planning Board , and (b ) the proposed Master Plan presently under review by the Town Board depicts the subject property to be re-zoned to "B- l " as re-defined therein , for which these requested business uses are compatible , and which prohibits residential use . 8 . After investigation and in considering all the facts concerning the use of this property and existing building , the board agrees that the business uses requested by this application are more feasible ; however , the information submitted is not sufficient to warrant a granting of a variance for the residential use on the second floor. In considering this appeal , the board finds and determines that : (a) the business uses as proposed is consistent with and will promote the general purposes of the zoning code and maps [and the Master Plan amendments as proposed] ; (b) the circum- stances are unique ; ( c ) the business uses applied for will not alter the essential character of the neighborhood; ( d) the busi - ness uses, applied for will not prevent the orderly and reasonable use of thi's district or adjacent use districts ; (e ) the safety , health , welfare , comfort , convenience and order of the town will not be adversely affected by the proposed business use and its location; ( f ) the interests of justice will be served by allowing the variance for the business uses requested , and by denying the variance for the residential -apartment use , as conditionally noted below. Accordingly , on motion by Mr . Douglass , seconded by Mr . Sawicki , it was RESOLVED, that a Variance for permission to establish wood- working and metal shops and artist studio , without residential use , BE AND HEREBY IS GRANTED under Appeal No . 3393 in the Matter ` Page 3 - Appeal No . 3393 Mattbr of BARBARA D. SCHRIEVER Decision Rendered September 26 , 1985 of the Application of BARBARA D. SCHRIEVER, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1 . Any and all future additions , extensions or construction of building(s ) requires formal application to the Board of Appeals for consideration and review ; 2. This variance shall be limited to those business uses as requested and outlined in these findings , supra , and does not allow residential use ; 3. The previous variance granted under Appeal No . 1260 June 12 , 1969 , for storage and repair of contractor ' s machinery and equipment , shall immediately become null and void upon : (a ) the transfer or conveyance of the premises ; and/or (b) the date of effectuation of this variance , which shall occur first ; 4 . No materials , sand , gravel or otherwise , including equipment , shall be permitted to be stored outside ; all materials and equipment must be contained within the building ; 5. Minimum of nine (9 ) parking spaces [ 10 ' by 20 ' each] ; 6. Plantings/screening shall be placed along the south property line ( in addition to the existing screening along the north and west lines ) , and all plantings along the north , west and south lines shall be continuously maintained at all times ; 7 . Any change of use to a use other than as granted by this application , either more or less restrictive , or whether it be "B-Light , " "B-1 " or any use compatible under the proposed Master Plan zoning amendments , or the current zoning regulations , will require a new site plan application to and review by the Southold Town Planning Board for additional on-site parking and site plan approvals (as well as the Board of Appeals if same is deemed necessary) . 8. Site plan final approval by the Southold Town Planning Board for this project ; 9. Referral to the Suffolk County Planning Commission in accordance with Sections 1323 , et seq . of the Suffolk County Charter. Vote of the Board : Ayes : Messrs . Goehringer , Douglass and Sawicki . (Members Doyen and Grigonis were absent . ) This resolu- tion was adopted by a unanimous vote of a quorum of the members . lk ERARD P . GOE INCE CHAIRMAN October 1 , 1985 .r i �r 4 Pia�jFF�IC,r„ lllAVN IN D ti TN' .S H LD Southold, N.Y. 11971 (516) 765-1938 November 13, 1985 Mrs. Judith Terry Town Clerk Town Hall Southold, NY 11971 Re: Site Plan for Barbara Schriever Dear Mrs. Terry: In accordance with your request, enclosed herewith is a copy of the file for the above mentioned site plan. Also, enclosed is a survey of the proposal. 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 enc. COUNTY OF 'SUFFOLK (� ��� DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING 10 - 11- .F O. 11- F..Ge1 October 10, 1985 (\� Town of Southold Board of Appeals Applicant: Barbara Schriever Zon-ing-Ac�t�.o[1-: Mun. File No. : 3393 S.C.P.D. File No. : SD-85-16 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: The contemplated residence use appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Very truly yours, Lee E. Koppelman Director of Planning b -c.KiC. Y GGN:jk Gerald G. Newman /o./' Chief Planner SCS i VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L. I-NEWYORK . 11788 P Z TO D S L : 1 � � Southold, N.Y. 11971 (516) 765-1938 October 10, 1985 Mr. Charles Cuddy Attorney at Law 108 E. Main Street Riverhead, NY 11901 RE: Barbara D. Schriever site plan Dear Mr. Cuddy: The Southold Town Board has recently adopted a moratorium on site plans in B,B1,C, and Cl zones, which became effective on October 3, 1985. Therefore, the Planning Board cannot take any further action on the site plan known as, "Barbara D. Schriever" until authorized by the Town Board. Enclosed is a copy of the moratorium for your review. If you have any questions, please don' t hesitate to contact our office. Very truly yours, Bennett Orlowski, Jr. , Chairman Southold Town Planning Board dms enc. cc: Abigail Wickham �FFOL,� P D ti T LD S Y or ,� r Southold, N.Y. 11971 (516) 765-1938 September 6, 1985 Ms . Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck,NY 11952 Re : Site Plan for Barbara Schriever Property Dear Ms. Wickham: We are in receipt of the site plans and filing fee submitted on September 5 , 1985. Upon review of the plans , several of the site plan elements have not been indicated on them. Enclosed is a checklist indicating the items required and those which have been checked need to be included on the surveys. Would you please amend the plan to include those items and submit six (6) surveys to the Planning Board. When we are in receipt of same, we will schedule this on the next regular agenda. If you have any questions , please don' t hesitate to contact our office. Very truly yours, 3� OrCOUJ 4-j-,�� BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. SITE PLAN ELEMENTS 5100-134 Town Code ( Y) 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 a# pte ��Q ( Date, North arrow a a - ( ) Sufficient description or information to precisely define the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. (Kei map) ( ) The locations, name, and existing width of adjacent streets and cur5lines 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 ( �) Existing 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 overflc ( Y/) 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. ( VI) -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 d egress, including sidewalks, driveways or other paved areas; rofi� les indicating pyrad ! and cross sections showing width of roadwa location and w ti of sidewalkss a�Zcoat'Mon s Mee o water and sewer 7ines. OVER. . . Site plan elements cont. (41000-134) ( V ) Any proposed grading, screening and other landscaping including types and locations of proposed street trees. ( Y ) 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 only 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 plana/with the intent and regulations of this chapter. 1 Southold Town Board OCT oApp985eals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.L. N.Y. 11971 Ol �� TELEPHONE (5161765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3393 Application Dated August 15 , 1985 To: Charles R. Cuddy , Esq . as Attorney [Appellant (s) ] for MRS . BARBARA D. SCHRIEVER Esseks , Hefter , Cuddy & Angel 108 East Main Street , Box 279 Riverhead , NY 11901 At a Meeting of the Zoning Board of Appeals held on September 26 , 1985 , 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 [X] Request for Variance to the Zoning Ordinance Article VI , Section 100-60 [ ] Request for Application of BARBARA D. SCHRIEVER for a Variance to the Zoning Ordinance , Article VI, Section or permission to establish woodworking and metal shops , art studio , and apartment in existing building located in this "B-Light" Business .-Zoning District, at the West Side of Tabor Road , Orient , NY ; County Tax Map District 1000 , Section 18 , Block 05, Lot .1.2 . WHEREAS, a public hearing was held and concluded on September 12 , 1985 in the Matter of the Application of BARBARA D. SCHRIEVER under Appeal No. 3393 ; and WHEREAS, the board members have personally viewed and are familiar with the premises in question , its present uses , and the surrounding area ; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application ; and it is noted for the record that there has been no public opposition ; and WHEREAS, the board made the following findings of fact: 1 . By this application, appellant requests variances to permit : (a ) a woodworking and metal shop , (b) an artist studio ; (c ) a single-family residential unit [apartment] on the second floor of an existing building located in a "B-Light" Business Zoning Dis- trict . 2 . The premises in question is situate along the west side of Tabor Road commencing at a point approximately 115 feet south of the Main Road (S . R. 25 ) containing an area of . 528 acreage , lot width and frontage along Tabor Road of 123 feet , and average depth of 187 . 24 feet. Properties to the north and west of this parcel are zoned "A-Residential and Agricultural " ; property adjoining this parcel along the south property line are also zoned "B-Light" Business . Properties along the east side of Tabor Road are zoned "A-Residential and Agricultural . " (CONTINUED ON PAGE TWO) DATED: October 1 , 1985 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3393 Matter of BARBARA D. SCHRIEVER Decision Rendered Septem er 26 , 1985 3 . The building in question as exists contains an area of 6 , 903 sq . ft. on the first floor and an area of 1 , 500± sq . ft . on the second floor. The subject building is shown on the survey as amended August 27 , 1985 prepared by Roderick VanTuyl , P . C . , to be set back 22 feet from the front (easterly) property line along Tabor Road , 15 feet from the southerly side property line along property now or formerly of William Schriever , and 19 feet from the northerly side property line . The plot plan submitted for the record indicates a setback of 56 feet from the rear (westerly ) property line along land now or formerly of Tabor. 4. The activities of the woodworking and metal shops are proposed by this application to be limited to small -scale fabricating without heavy manufacturing of machinery or equipment , a mail -order business , office areas , and manufacture of parts for portable saw mills (see brochures on the "Sperber" portable sawmill submitted for the record) . 5. The artist studio is proposed to be established at the westerly section of the building containing 1 ,400± sq . ft . of first floor area (50 ' x 28 ' recent addition) . 6 . For the record , it is also noted that a conditional variance was granted under Appeal No . 1260 on June 12 , 1969 per- mitting the use of a 5,600 sq . ft . building for storage and repair of contractor ' s machinery and equipment . Subsequently, this parcel was re-zoned from "A-Residential and Agricultural " to "B-Light" Business in or about 1971 . 7 . It is further noted that as of this date : (a) the site plan for this project is pending review and action by the Planning Board , and (b ) the proposed Master Plan presently under review by the Town Board depicts the subject property to be re-zoned to " B-1 " as re-defined therein , for which these requested business uses are compatible , and which prohibits residential use . 8 . After investigation and in considering all the facts concerning the use of this property and existing building , the board agrees that the business uses requested by this application are more feasible ; however , the information submitted is not sufficient to warrant a granting of a variance for the residential use on the second floor. In considering this appeal , the board finds and determines that : (a) the business uses as proposed is consistent with and will promote the general purposes of the zoning code and maps [and the Master Plan amendments as proposed] ; (b) the circum- stances are unique ; (c) the business uses applied for will not alter the essential character of the neighborhood; ( d) the busi - ness uses applied for will not prevent the orderly and reasonable use of this district or adjacent use districts ; (e ) the safety , health , welfare , comfort , convenience and order of the town will not be adversely affected by the proposed business use and its location ; ( f) the interests of justice will be served by allowing the variance for the business uses requested , and by denying the variance for the residential -apartment use , as conditionally noted below. Accordingly , on motion by Mr . Douglass , seconded by Mr . Sawicki , it was RESOLVED, that a Variance for permission to establish wood- working 'and metal shops and artist studio , without residential use , BE AND HEREBY IS GRANTED under Appeal No . 3393 in the Matter , 09 Pdge 3 - Appeal No. 3393 Matter of BARBARA 0. SCHRIEVER Decision Rendered September 26 , 1985 of the Application of BARBARA D. SCHRIEVER, SUBJECT TO THE FOLLOW- ING CONDITIONS : 1 . Any and all future additions , extensions or construction of building (s ) requires formal application to the Board of Appeals for consideration and review; 2 . This variance shall be limited to those business uses as requested and outlined in these findings , supra , and does not allow residential use ; 3. The previous variance granted under Appeal No . 1260 June 12 , 1969 , for storage and repair of contractor ' s machinery and equipment , shall immediately become null and void upon : (a ) the transfer or conveyance of the premises ; and/or (b) the date of effectuation of this variance , which shall occur first ; 4. No materials , sand, gravel or otherwise , including equipment , shall be permitted to be stored outside ; all materials and equipment must be contained within the building ; 5. Minimum of nine (9) parking spaces [10 ' by 20 ' each] ; 6. Plantings/screening shall be placed along the south property line ( in addition to the existing screening along the north and west lines ) , and all plantings along the north , west and south lines shall be continuously maintained at all times ; 7 . Any change of use to a use other than as granted by this application , either more or less restrictive , or whether it be "B-Light, " "B-1 " or any use compatible under the proposed Master Plan zoning amendments , or the current zoning regulations , will require a new site plan application to and review by the Southold Town Planning Board for additional on-site parking and site plan approvals (as well as the Board of Appeals if same is deemed necessary) . 8 . Site plan final approval by the Southold Town Planning Board for this project ; 9. Referral to the Suffolk County Planning Commission in accordance with Sections 1323 , et seq . of the Suffolk County Charter. Vote of the Board : Ayes : Messrs . Goehringer, Douglass and Sawicki . (Members Doyen and Grigonis were absent . ) This resolu- tion was adopted by a unanimous vote of a quorum of the members . lk ERARD P . GOE INGE CHAIRMAN October 1 , 1985 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, a.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND NEW YORK 11952 WILLIAM WICKHAM ERIC J.BRESSLER 516-296-0353 ABIGAIL A.WICKHAM v FRANKLYN A. FARRIS September 5, 1985 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Randall from Schreiver Gentlemen: We represent Henry Randall who is under contract to purchase property on the East side of Tabor Road, now owned by Barbara Schreiver. Mr. Randall's daughter and son-in-law, Maggie and Rob Sperber would like to utilize the property for a machine and carpenter shop and artist studio with a second floor residence for them. Application for use variance is currently pending before the Board of Appeals and a hearing is scheduled for September 12th. We enclose 6 prints of the proposed site plan, together with a check to the order of the Town Clerk for $100.00 and ask that you schedule this matter for a Pre-Submission Conference. Very truly yours, AAW/jas Abigail A. Wickham Encls. cc: Zoning Board of Appeals - 1 Print G'�q tdas r A. Legal Data 1 . Lot, bolck and section number, if any, of the property taken from the tax records 2 . Name and address of the owner of record 3 . Name and address of the person preparing the map 4 . date, north arrow, and written and graphic scale 5 . Sufficient description or information to precisely define the boundaries of the property. All distances shall be in feet an tenths of a foot. All angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. 6 . The locations, names , and existing widths of adjacent streets and curblines. 7 . The location and owners of all adjoining lands , as shown on the latest tax records . 8. Location, width and purpose of all existing and proposed easements , setbacks , reservations and areas dedicated to public use within or adjoining the property. 9 . A complete outline of existing deed restrictions or covenants applying to the property. 10. Existing zoning. B. Natural Features 1 . Existing contours at intervals of five or less , referred to a datum satisfactory to the Board. 2 . Approximate boundaries of any areas subject to flooding or stormwater overflows . 3 . Location of existing watercouress , marshes , wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured three feet above the base of the trunk and other significant existing features . C. Existing structures and utilities . 1. Location ,of uses and outlines of structures , drawn to scale on and within one hundred feet of the lot. 2. Paved areas , sidewalks and vehicluar access between the site and public streets . 3 . Locations, dimensions , grades and flow direction of existing sewers, culverts , and waterlines as well as other underground and above ground utilities within and adjacent to the property 4 . Other existing development, including fences , landscaping and screening. D. Proposed development. 1. The location of proposed buildings or structural improvement 2. The location and design of all uses not requiring structures such as off street parking and loading areas . 3 . The location, direction, power and time of use of any proposed outdoor lighting or public address systems . 4 . The location of an dplans for any outdoor signs 5 . 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 location and size of water and sewer lines . 6 . Any proposed grading, screening and other landscaping including types and locations of proposed street trees . 7 . 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. 8. An outline of any proposed deed restrictions and or covenants . 9. Any contemplated public improvements on or adjoining the property. 10. If the site development plan indicates only a firest stage, a supplementary plan shall indicate ultimate development. E. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. AUG 2 01985 ESSEKS, HEFTER, CUDDY & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. BOX 279 WILLIAM W. E55EKS RIVERHEAD, N.Y. 11901 WATER MILL OFFICE MARCIA Z. HEFTER (516)369-1700 MONTAUK HIGHWAY CHARLES R. CUDDY P O.BOX 570 STEPHEN R. ANGEL TELEX-EHCA 6852318 UW WATER MILL. N.Y. 11976 JAMES HEFFRON (516)726-6633 THOMAS J. OSBORNE August 20, 1985 Southold Town Planning Board Main Road Southold, New York 11971 Re: Property of Barbara D. Schriever, Orient Dear Sirs: We are enclosing a plan for renovation of an existing building at Tabor Road in Orient, New York. The property is the subject of an application to the Zoning Board of Appeals. We would appreciate your review of the enclosed plans as soon as possible and your submission of written comments or recommendations to the Zoning Board of Appeals. The applicants wish to be present at the time of your consideration and therefor we ask that you advise this office and the office of Wickham, Wickham & Bressler, Attn: Abigail Wickham* , when this matter will appear on your agenda. Thank you for your consideration and assistance. Very truly pyours, Charles R. Cuddy CRC:gw Enclosure *Wickham, Wickham & Bressler Main Road Mattituck, New York 11952 Qe4NIL0\'�-5 Ln Southold Town Board of Appeals .1 t' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 OI r� TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 15 , 1985 Charles R. Cuddy , Esq . Esseks , Hefter , Cuddy & Angel 108 East Main Street , P .O . Box 279 Riverhead , NY 11901 Re : Appeal No . 3393 - Barbara D . Schriever Dear Mr . Cuddy : This letter will acknowledge receipt of your recent appli - cation . The members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling yourapplicationfor a public hearing . It is requested in the interim that you proceed with the [XX ] Planning Board [ ] N . Y . S . D. E . C ._ [ ] Town Trustees in order that they may submit their written comments or recorr,- mendations as early as possible . Upon receipt of their input , your application will be scheduled for the next available hear ing date . If the above document ( s ) are submitted by September 11th , it is expected that the public hearing would be held about the latter part of September. A copy of the notice of hearings as published in the Long Island Traveler- Watchman and the Suffolk Times will be sent to you as confirmation . Please feel free to call at any time if you have any questions . Yours very truly , GERARD P. GOEHRINGER CH IRMAN kitr2La�t. CO -- cc : Planning Board Linda wa1ski • FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date J . . a`1. . . . . . . . . ., 19 .$x. . To PLEASE TAKE NOTICE that your application dated �� p for permit to r"'`"A Cl `T�y' � � ��{ � `o A- _ ( . . . . . . . . . . . . . at Location of Property . . . . . . . . . . . . . . . . . . C... . . . . . . . . . . . . . . a?^' . . . llnuse fJo. Street Hamlet County Tax Map No. 1000 Section . . . . .Q. .�. . . . Block . . . . . . . . . Lot . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and`disapproved on the following grounds !..+It.. .�.Y�-J-D-Q...4 _. . . . . . , •i-`,1 �J,' ;: • X a?1a.,....g, LL<.SL . . . . .. . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/B0 WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold b William W. Schriever y ...................................................................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made apart thereof by chong- "B" "A" Residential and ing from ..Light Bus iness District to ........Agricultural ................. 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 relation to said petition having been duly held by the Town Board on the .....21sk.....day of .............November 1 19.7§..., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED. DATED: December 5, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. 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