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HomeMy WebLinkAboutZBA-01/23/1973Southold Town Boardo A ppeals SOUTHOLD, L. I., N.Y. Telephone 7~55=9660 APPEAL BOARD MEMBERS Robert W. GilllspJe, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS January 23, 1973 A regular meeting of the Southold Town Board of Appeals was held at 12:15 p.m., Tuesday, January 23, 1973, at the Firehouse, Fishers Island, New York. There were present: Messrs: Robert W. Gill~spie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr.; Serge Doyen, Jr. Also present: Mr. Howard Terry, Building Inspector. The Chairman introduced the members of the Board to persons attending hearing and reconvened hearing on Appeal No. 1705 of Henry Zabohonski, Fishers Island, New York, for a variance in accordance with. the Zoning Ordinance, Article IX, Sections 901 and 903 and Article XVII, Section 1700 Bulk and Parking Schedule, for permission to construct new building in "C" Industrial zone with insufficient side and rear yards. Location of property: west side of Central Avenue, Fishers Island, bounded nort~ by Boyd and Ahman; east by Central Avenue; south by Fishers Island Utility; west by Fishers Island Utility. The tape recording was played of what had transpired when the hearing was opened in Southold on January 4, 1973, at 8:30 p.m. Southold Town Board of Appeals - 2 - January 23, 1973 THE CHAIRMAN: Are there any questions on the tape? The actual distance on the west side is a good deal less that I read into the record, it is 119.12 feet. The acreage f~igure that we have on the sketch is incorrect. Does anybody know what the actual acreage is? HENRY ZABOHONSKI: It is about 1.14 acres. ~HE CHAIRMAN: We figure~ about 38,000 square feet. The other point brought up concerned the fact that this is an area variance. The use is a proposed supermarket which is a legal use in the "B" zone and our Ordinance is cumulative so that if you had a heavier zone it would automatically be permitted in the heavy zone. We were wrong on the pole line. It is an underground easement. For your information, the parking formula is related to the sales area of the store and it is 350 square feet for each car and each 100 square feet of sales area requires one parking space. Mr. Ahlers suggested that this would be about 25% storage and other uses and about 75%, approximately 8950 square feet, of sales area. For each 100 square feet of sales area, you would require one parking area of 350 square feet. Another point is the parking problem. It is legal under our Ordinance to have parking facilities across the street within 200 feet on the owner's property. If that additional parking property is required it is necessary to put restrictions on the land so that it is always a part of that operation. I will read the legal notice that appeared ~n the New London Day newspaper as concerns this hearing. The Chairman read the legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: There are three other communic&~ions that should be read into the record. The first is from the Fishers Island Utility Company, Inc., dated January 22, 1973 to the Board of Appeals as follows: Dear Sirs: Fishers Island Utility Co. is the owner of land off Central Avenue adjoining the land of Southold Town Board of Appeals - 3 - January 23, 1973 Henry M. Zabohonski on the south and west. Fishers Island Utility Co., the successor to Fishers Island Farms, Inc., as the owner of this property is in no sense a public or private utility. The company is owned by individUal stockholders (residents of Fishers Island) with personal investment in this land. It is the feeling of the owners of the, company that any variances permitting buildings or building to be erected close to the boundary lines w~ld devalue the adjoining properties and restrict their usage in the future. Sincerely yours, Richard S. Baker, President The. second letter is from Dwight F. Muller, dated January 20, 1973: To: Zoning Board of Appeals Fishers Island, N.Y. Subject: Request for zoning variance for a supermarket on West Harbor at the former generator site adjacent to Mr. Gordon Ahmen Dear Sirs: As a tax payer I wish to express the opinion that no waivers be granted to encourage commercial development in such a way as to increase traffic and congestion substantially next to the only t~n beach. The site does not appear to offer adequate parking and access in an area which is probably the most congested on the Island. If possible the beach area with bicycles, childre~ and cars enough may be better left uncompromised by the concentration of traffic which a supermarket brings. Thank you, Dwight F. Muller High Road Hay Harbor The third letter is from the Fishers Island Electric Corporation dated January 22, 1973: Southold Town Board of Appeals - 4 - January 23, 1973 Dear Sirs: We believe you are aware of the easement for electric cable across the lot owned by Henry M. Zabohonski on Central Avenue. Any plans for building on this land should give ample consideration to this easement for the preservation of the cable and its future maintenance. Sincerely yours, Richard S. Baker, President THE CHAIRMAN: That concludes the new communicatiOns added to this file. I would like to ask if anyone wishes to have a clarification of what you heard on the tape. MRS. THOMAS RUSSELL: Where is the parking going to be? THE CHAIRMAN: The parking would be partially on the s~de and would use some parking across the street on Mr. Zabohonski's property within 200 feet. MRS. RUSSELL: Deliveries would be made on the northeast side? THE CHAIRMAN: That has to be clarified before a building permit is issued. We have a requirement in our Ordinance that requires a bulk loading zone which becomes an additional 12 by 60 feet than cannot be considered as parking for the customers of the store, also the access to that cannot be considered as parking. Those are additional limiting factors on the parking problem. As a member of the Suffolk County Planning Commission in which we review all of the zoning applications within 500 feet of a highway or now water, in my experience they have never been willing to vary the parking requirements because of the traffic problems. So whatever is done here Mr. Zabohonski will have to adhere to the requirements for bulk parking. Southold Town Board of Appeals - 5 - January 23, 1973 ROBERT WALL: You said something about the old store. What is the intended use of the old store? THE CHAIRMAN: We discussed it and I made the remark that it was irrelevant. ROBER~?AALL: On s~dh a small island, we are concernedl THE CHAIRMAN: Maybe Mr. Zabohonski can answer that. ~ENRY ZA~OHONSKI: The other building was built in five stages. If we build this new building it will eliminate pilferage and we will either sell the property or demolish it. THE CHAIRMAN: I Would say that leaves it indefinite. GORDON AHMAN: If you to to "B" District for guidance, is there a limit to the size of the building? THE CHAIRMAN: Maybe the Building Inspector can clarify that. HOWARD TERRY: 10,000 square feet in a "B" zone is maximum. THE CHAIRMAN: The side yard requirements which might concern you are non-existant in the "B" Light Business District. We don't require side yards. However, a front yard is required of 35 feet and a rear yard of 25 feet. Since this project is going to be constructed in aC~~ Heavy Industrial District in which the front yard requirements is 150 feet and one side yard has to be 50 feet, both side yards 100 feet; and a 100 foot rear yard, the property would be unusable. I think the Board is empowered to require whatever it considers proper as side yards. The side yard proposed here is too close to the lines. HOWARD TERRY: I don't know if the people here have seen the plot plan so they know what we're talking about. (Copies of the plot plan were passed around.) Southold Town Board of Appeals - 6 - January 23, 1973 MRS. JOHN EVANS: If you apply for a building on a certain category, does it limit you in size of etectiicity and water? THE CHAIRMAN: That ~ould be between Mr. Zabohonski and the Fishers Island Electric Co. That would be considered incidental uses of the property. Zoning would not have any control over electric or water. HENRY ZABOHONSKI: The present store is the same square footage as the proposed building but we have so many walls in the old store. THE CHAIRMAN: How many types of business do you conduct? HENRY ZABOHONSKI: Just general merchandise. MRS. RUSSELL: I am speaking as a summer resident but I think we should consider the s%Q~e by the dock will bring in a great many more boats, and at the moment West Harbor is polluted. THE CHAIRMAN: We have had that problem over on the other part of the Town. 15 years ago everybody thought a marina was a wonderful thing but that view has changed so that marinas are undesirable. This is a use that preceded this application and we could not base any of our reasons on the face th~ there is a marina or harbor there now. MRS. RUSSELL: I don't know what your definition of a marina is. They justssell gasoline there now. THE CHAIRMAN: We went all the way to the Court of Appeals to find that _~. Generally it is services for boats. I will now open the meeting to Fishers Island people and I would like to hear from anyone who is for this application and then from those against the application, and then we will have a question and answer period through the Chairman and then we will c~®se this hearing. Is there anyone present who wishes to speak for this application? HENRY ZABOHONSKI: Our plans are to put up a new building to cut down on handling. Labor is terrific. We want to bring this to a place where people enjoy the store, the year-round residents. We can either Southold Town Board of Appeals - 7 - January 23, 1973 sell this to a marine storage, or as we decided it would be nice to put up a decent store. THE CHAIRMuAN: Anyone else wish to speak for the application? (There was no response.) If not I will be glad to hear from anybody who wishes to speak against the application. Board of Appeals procedure is not based on what your opinion is, Your comments should be based on knowledge that you have that we do not have; reasons why Mr. Zabohonski should not be allowed to have a supermarket on this location. GORDON AHMAN: I own the private dwelling adjacent to thi'~. Some of my reasons are - truck problems; the road has a bad curve an front of my house. I think that additional traffic would compound the problem. The rat problem - ever since I have lived on that property I have tried to control the rats by the seawall. This problem would get greater. The public beach has been mentioned - I agree that it is the only place that the local children have good swimming. I don't see how he can get enough property on that road and if you have to go across the street people will be crossing traffic. The way the lot plan is laid out is very close to my property line and I feel that if the building is built at all ~here should be room for trucks and fire equipment to get around. I don't know what plans might be put up for landscaping and screening to improve the property. You mentioned a loading zone would be on the corner adjacent to my home and it might be extended even further. I don't want to see that go up there. THE CHAIRMAN: It would be a parking area. GORDON AHMAN: But there would be trucks going in and out. I just think the building is much too large for the lot size as it is laid out. I would ask if Mr. Walsh could find a better location for this. THE CHAIRMAN: Anyone else? ROBERT WALL: I am saying this as a personal opinion. I am the Fire Chief, and Mr. Walsh has indicated the erection of a fire proof building, which had to do with my question about the existing building. I think this is an improvement. Southold Town Board of Appeals - 8 - January 23, 1973 THE CHAIRMAN: What is a fire proof building. ROBERT WALL: He said an all steel building. THE CHAIRMAN: Concrete block buildings are not fire proof. ROBERT WALL: I will say fire resistant. This is just information. THE CHAIRMAN: We will ask Mr. Walsh about that. Anyone else. I might state that you understand that this is a permitted use. We.are here to discuss an area variance and not the uses of the property ~ch t~is proposes. Maybe Mr. Walsh would care to answer Mr. Wall's question. HENRY ZABOHONSKI (WALSH): It is a Butler Building, TEE CH~I~: There are some points that Mr. Ahman brought up. We discussed the rat problem somewhat. According to Mr. Ahlers the interior of the building will be used for garbage~ GORDON AHMAN: I still feel that perishible foods are there and through time you are going to have the problem. You can make it as rat proof as possible and you are still have the problem. LUCH AHMAN: You are here to disucss an area variance? THE CHAIRMAN: The area of the lot that will be occupied. LUCY AHMAN: You were talking about side yards. In the case of where Henry wants to build it will be only 13 feet from our property. You said about 50 feet that came under the "C, Zone. Is this land under any restrictions? THE CHAIRMAN: This is one of those oddities that occur in building. The Board of Appeals adjusts some of these places where the rules don~t fit the.game, so to speak. LUCY AHMAN: I strongly object to having ~nly 1~ feet between a steel building t~is size~and my Property line. I don't Object to anything else but I object to any structure being that close, for the protection of the property owner. Southold Town Board of Appeals - 9 - January 23, 1973 HENRY ZABOHONSKI: How close for a storage building? HOWARD TERRY: 50 feet. THE CHAIRMAN: Is there anyone else, any other questions from anybody? HENRY ZABOHONSKI: On a storage building who close to a building can you come? HOWARD TERRY: In C-1 you have 50 feet. THE CHAIRMAN: If all restrictions were applied I don't think you could build an outhouse in the middle of the place. You would require 100 feet side yards and setback of 150 feet. If you had a 300,000 square foot lot and you could adhere to all of the side yards you would not need a hearing. HENRY ZABOHONSKI: Since this was purchased in 1962, what ~o we do? THE CHAIRMAN: At that time it was zoned Business. You would have been permitted this type of business then. You now have a heavier classification. There is no reason why this building has to be exactly this shape and size. GORDON AHMAN: In 1962 would he have been allowed to build? HHWARB TERRY: There was no side line requirements in the "B" zone. THE CHAIRMAN: Ordinarily there is no side yard requirements for retail stores. If there are no other questions, I will move that this hearing be closed and the Board postpone decision on this application to a later date. Mr. Bergen seconded. Vote of The. Board: Ayes: Messrs. Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals - 10 - January 23, 1973 PUBLIC ~EARING: Appeal No. 1711 12:45 P.M., (E.S.T.) upon application of Lawrence Baldwin, Peninsula Road, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to set off building lot with insufficient area. Location of property: west side Peninsula Road, bounded north and west by Harbor; east by Peninsula Road; south by Fishers Island Estate. The Chairman .open~ the hearing by reading the application for variance, legal notice of hea'ring, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The applicant encloses a picture of hhe house that is proposed, 52 by 24 feet, 1 1/2 baths. Also a survey indicating that the applicant owns a roughly equilaterally sided triangular piece of property on Peninsula Road and proposes to divide the property, constructing a second house which is located northerly of the owner's present house. I think it is about 1.2 acres. There is also a letter in the file from Fishers Island Development Corp. to Mr. Baldwin, dated September 14, 1971, as follows: Dear Larry: I wish to apologize for not informing you sconesooner of the action taken at the meeting of the Board of Directors of Fishers Island Development Corporation on September 3. At this meeting the Board authorized me to advise you that insofar as Fishers Island Development Corporation is concerned, there is no objection to your building an additional house as we discussed. Whether there are zoning or other problems in constructing such a building are matters which you, of course, will have to determine for yourself. I hope this puts you in a position to proceed with your plans. With best wishes, I am Sincerely, David S. Henkel Southold Town Board of Appeals - 11 - January 23, 1973 THE CHAIRMAN: That is everything that is in the file. Does anyone else wish to speak on this application. LAWRENCE BALDWIN: I think my application speaks for itself. THE CHAIRMAN: Do you know what the road frontage isthere? LAWRENCE BALDWIN: It runs from the driveway and down to the pole where the boat ramp is. THE CHAIRMAN: You have an irregular line on the water. This survey looks as though they took the high water ma~k, LAWRENCE BALDWIN: There is a lot more land than that shows. The boat house is where the line is. THE CHAIRMAN: To the north is the Peninsula Subdivision. What ais the size of the lots there? GEORGE AHMAN: About 50 by 125 feet THE CHAIRMAN: What about to the south? GEORGE AHMAN: There are two large undeveloped lots there. LAWRENCE BALDWIN: Fishers Island Estates originally owned all of the property. The road went in front of my house and after a while they wanted a road on the other side. After we built the road there was this triangular piece left. THOMAN RUSSELL: I don't think this would change the character of the ~ei~hborhood at all. I would like to speak in favor of granting the variance. THE CHAIRMAN: Somebody just gave me a notation - Baldwin - .571 and .69 acres. LAWRENCE BALDWIN: There was three pieces of property, Where the original house is on, they wanted to put the road through there, also a triangular piece to the north and one on the south but on my tax bills it only shows two of them. Southold Town Board of Appeals 12 - January 23, 1973 THE CHAIRMAN: That adds up to 1.26 acres. Anyone else who would like to speak for this application? RICHARD BAKER: I own the land across Peninsula Road to the north and east and I do not see any objection to allowing the building. F~ED GREBE: I would like to see this application go through. I think it would improve the property. THE CHAIRMAN: Is that qa~&~ized building on your property? LAWRENCE BALDWIN: Yes, but it is coming down. HHE CHAIRMAN: We went over there. It is a beautiful location. These things will reflect, but the County Planning Commission will be involved and when we ever go below an acre you have to have strong reasons to go below an acre and one of these things that support is is the character of the surroun- ding area and the circumstances as to how you acquired the property . SERGE DOYEN: Does this piece go to the boat ramp? LAWRENCE BALDWIN: Yes, according to the survey the boat ramp is where the line is. SERGE DOYEN: You actually have more land than is indicated on the map. GEORGE AHMAN: Ail the houses to the north are on real small lots and I don't think building on this lot would change the character of the neighborhood. MARY GREBE: I would like to see this application granted. THE CHAIRMAN: I think we will now postpone the meeting and our decision to a later time. On motion of Mr. Gillispie, seconded by Mr. Grig6nis, it was RESOLVED that Application No. 1711 of Lawrence Baldwin be recessed to make a decision at the next meeting of the Board. Vote of the Board: Ayes: Messrs. Gillispie, Grigonis Hulse, Doyen, Bergen. Sou~hold Town Board of Appeals January 23, 1973 The meeting was adjourned at 1:55 p.m. Respectfully submitted, ..... ~-~2 .... ~ Terri Lee Elak, Secretary ~/t~~~ ~southold Town ~oard of ~ppeals Robert ~. G~ll~sp~e~ ~r.~ Chairman