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HomeMy WebLinkAbout2787~Chool House Rd. Cutchogue 3/5 & 3/I2/~ 4/2/8I ~-cOnduct an industriat-t~e business (equip men~ designing and fabricating) in a B-I Busi- ness District. TOW~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAILD OF APPEALS Appes/ No. 2787 Application Dated February 10, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 4/30/81 DATE ......... , ............. 1981 Appellant at a meeting of the Zoning Board of Appeal on April 23, 1981 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under {he Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ~to VII, Sec. ( ) 100-70A, B. the appeal 1. ~gl~/l~X-2/~~.~~~~X~~~~~ion ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because-Public Hearings: 3/5 & 12/81; 4/2/81:., ~Application of Frederick Cowan and Company, Inc., 120 Terminal Avenue, Plain- view, NY 11803 (by Richard J. CrOn, ESq.) for a Variance to the Zoning Ordinance, Art. VII,. Sec. 100-70A, B, for permission to conduct an industrial-type business (equipment designing and fabricating) in a B-1 Business District. Location of property: Northwest corner of North Street and School House Road, Cut- chogue, NY; bounded northwest by School House Road; northeast by North Street; southwest by Baxter; southeast by Case; County Tax Map Item No. 1000-102-5-9.2. (SEE REVERSE SIDE) ~. ~ ~? 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and ~ therefore, it was further determined that the requested variance ( ) be granted ( ','{hat the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG: lk FORM ZB4 ZONING BOARD OF APPEALS The Board finds and determines as follows: By this Appeal, Appellant seeks a variance to conduct a business which is not a permissible use in the B-1 zone, to wit, a business engineered for the designing and fabricating of equipment used in the burning, igniting and controlling the igniting and/or burning of fuels, which appears to be a use permitted in the "C Light Industrial" zone of the Town Zoning Code. Forty percent of the proposed use would be shop use and other activities of the business would be confined to engineering and administrative purposes of 60 percent of the proposed use. The premises in question contains an area of land approximately 2.3 acres, with 202' fronting on School House Road and approximately 503' fronting on North Street. The premises is vacant and is presently zoned B-1 Business. DireCtly across the street from this parcel are the Cutchogue School District and several residentially-zoned properties, and south of the School District is ~a B-1 Business District. Properties contiguous to the property in.question are zoned B-1 Business. Appellant submits to the Board that an unnecessary hardship exists because the land in question is not specifically suitable for those uses presently permitted in the B-1 Business Zone, and for many years the owner thereof has attempted to effect a sale of the lands, without success, principally.due to the fact that the surrounding area and the location of the land did not readily lend itself to the permissible uses of the B-1 Zone. Appellant also states "to effect a sale under such circumstances would cause an obvious substantial loss in land value and extreme financial hardship .... " The Board has not been submitted proof to sub- stantiate these claims. The Board finds that the relief requested is substantial in relation to the Code requirements; that the relief requested is not within the spirit of the zoning ordinance; that the variance if granted will change the character of the_neighborhood; that no ~ubstantial hardship'has been shown; that the hardship claimed is not unique; and that the interests of justice will be served by denying the relief requested in this appeal. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Frederick Cowan and Company, Inc. be denied a variance to the zoning ordinance requested in Appeal No. 27~7. Location of Property: Northwest corner of North Street and School House Road, Cutchogue, NY; bounded northwest by School House Road; northeast by North Street; southwest by Baxter; southeast by Case; County Tax Map Item No. 1000-102-5-9.2. Vote of th~ Board: Ayes: Goehringer and Sawicki. Messrs. Grigonis, Doyen, Douglass, RECEIVED AND FILED BY TI{E SOUTHOLD TO¥;N CLERK HouPJ: X . -APPROVED 0, Chairman Board of~Appeal~ FRF:OF:RI(~K C;OWAN ~,~ CO. BURNER MANAGEMENT SYSTEM (~PE 'B') __ FREOERICK COWAN ~, CO.,~ U.S. NAVY APPROVED POWER ARC IGNITOR FREDERICK COWAN ~, CO .... REPLACEABLE ARC PROBE FLEXIBLE POWER ARC FOR TILTING BURNERS FREDERICK & CO .... BURNER MANAGEMENT CA8INET  FREE)ERICK COVVAN & CO .... PRE-ASSEMBLED BOILER FRONT FREDERICK COWAN & CO. "U "BLUE" 24 VDC SCANNERS TWO ELEMENT "BLUE" Today' s Date: APRIL Members Absent, if any: 23, 1981 Appeal No. ~Q 7 Agenda Item/Matter of: Type of Variance or Appeal: FREDERICK COWAN Variance & COMPANY, INC. Resolution made by: Seco n ded by: GCrharles ~goms ( ) ~eo~en ..Robert .. Gerard ~oseph. ~Joug~ass ~oenr~nger ~aWlCK1 ( ) ( ) ( ) ( ) Action: ( ) Approve as applied for ( )~ Deny as applied for ( [/$' Deny ( ) Oeny without prejudice ( ) Withdrawn without Prejudice ( ) ( ) Approve with the followin9 conditions: ( ) Subject to Cqunt¥ Plannin9 referral ( ) Subject to P!annin9 Board approval ( )....~ubj. ect to D.E.C. regulations ( ) .Financial hardship has not been shown. Other: Findings of the Board are as follows: Financial hardship has not been shown. ( ~fz Not Within the Character of the Neighborhood Other: ( ) Granting the Relief Requested is within Variance is Substantial in Relation to Code Hardship not st:~f~k~ll~l~k shown Hardship ~X~II~I~I~ Not Unique ( ) ( ) ( ) Will set a precedent in the neighborhood ~ i~ ~.~uy very cot~9~L~d Interests of justice served by denying Vote of the Board: Ayes: (w) CG Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) .( ) spirit of the zoning code ( ) Relief is not substantial ( ) Burden of hardship or difficulty shown ( ) ( ) ( ) () () () () () () () () () and is unique Variance will not change character of the neighborhood Interests of Justice served by granting Notes: (above) APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARQ P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD-I~TATE ROAD 2.5 BOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 March 26, 1981 Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 Re: Frederick Cowan & Company, Inc. Appeal No. 2787 Dear Mr. Cron: This letter will confirm that the above-entitled matter has been recessed until Thursday, April 2, 1981 at 10:10 p.m. at the Southold Town Hall. Very truly yours, Linda F. Kowalski Secretary LUICKHRm's I:'RUIT PRRm Route 25. Cutchogue, Long Island, New York 11935 Tel. (516) 734-6441 March 20, 1981 Southold Town Zoning Board of Appeals Southold, New YOrk 11971 Att, Mr. Charles Grigonis Town oiSouthold Dear Mr. Grigonis, It has come to my attention that in the hearing for a variance on my property at North Street in this village Cron failed to adequately present the hardship I face as owner of the property and as a partner in Wickham's Fruit Farm. When I first sold this property to LeRoy Barnes a few years ago the assessment was sharply increased so that when I was forced to repossess it, the taxes were about $600 per year for the two acres. I had to pay the back taxes for al- most three years at this rate. After it was repossessed John spoke to the assessors and the taxes were considerably reduced. Nevertheless, we find we cannot afford to farm it any longer. We have only been able to grow sweet corn on this property and this year we are giving UP growing it for our stand as we have consistently lost money on the crop. There is no irrigation available there and it has come to the point where I can't even rent it to the partnership. If this case is still open I would appreciate your in- cluding these facts in your deliberations. sincerely yours, Anne L. Wickham FREDERICK COWAN /~ COMPANY, INC. ~20 TERMINAL DRIVE I°L~INVIE~A'. /.. h, NE~N YORK 11803 516-:349-8282 . TELEX 96-7899 March 16, 1981 Southold Board of Appeals Town Hall Southold, N.Y. 11971 Attn: Mr. Charles Grigonis, Chairman Gentlemen: In reference to our phone conversation today, we would be pleased to accept your kind visit from any interested parties in your township to help better understand our line of work. It is our understanding that a small group will arrive here at 10:00 A.M. Saturday, March 21st. Very truly yours, FREDERICK COWAN & 00., INC. Fre r e . pres. fcc/mg Southold Town Board Appeals -16- rch 12, 1981 MR. BRUER: Sure. Ok. Fine. MR. CHAIRMAN: If no one else has anything, I'll offer a resolution closing the hearing and reserving decision. MEMBER DOUGLASS: Second. On motion made by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the hearing be declared closed and decision reserved in the matter of Appeal.No. 2783, application of Thomas J. DeBo~ger. Vote of the Board: Ayes: Messrs. Grig0nis, Douglass, Goehringer and Sawicki. Absent was: Mr. Doyen. PUBLIC HEARING: Appeal No. 2787. Application of ~rederick Cowan and Company, Inc., 120 Terminal Avenue, Plainview, NY 11803, (Richard J. Cron, Esq.) for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-70A, B, for permission to conduct an industrial-type business (equipment designing and fabricating) in a B-1 Business District. Location of property: northwest corner of North Street and School House Road, Cutchogue, NY; bounded northwest by School House Road; northeast by North Street; southwest by Baxter; south- east by Case; County Tax Map Item No. 1000-102-5-9.2. The Chairman oPened the hearing at 8:50 p.m.'by reading the appeal application and related documents, legal notice of hearing and affidavits attesting to its publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey and a section of the County Tax Map showing this and the surrounding properties, Is there anyone here to speak for this application? That would be you, I guess, Mr. Cron. RICHARD J. CRON, ESQ.: Yes, if it pleases the Board. I would to say at the outset I think a lot of stress has been placed on the description of this property on its intended use as industrial in nature. Not through my application but in reference by the Building Inspector in the denial of the right to use the premises as we would like to use it. I think the only reasOn it's referred in that manner is because we're dealing basically with an ordinance that is very specific in terms of the uses that can be employed in a specific zoned district. The type of use that we would like to employ at the premises, it is really not industrial in the sense that most people would view the word "industrial." We have no other'choice I Southold Town Board of Appeals -17- 9Lrch 12, 1981 suppose in referring to it in that manner, simply because there is nothing that fits the category in the B Zone as to this type of business. The nearest that I could come to was in the C-Industrial Zone under Section B(2) which dealt with designing, research, fab- ricating and so forth, and office buildings. If' you look at the industrial uses, there is nothing else that would fit this particular category. I think it's unfortunate that we have to deal with an ordinance this way, because it makes it very, very hard for somebody to fall into an exact category under any one of the zoned districts, but I can assure you and I'm sure that Mr. Cowan, who I asked to be present here this evening can assure you, that the type of business that is intended to be conducted falls more of the area of a business zone than it would in the use that we put to industrial. And obvi- ously, since we have a zoning ordinance in this particular zone, that is specific in terms of the types of uses that can be done in that district I have no other choice, nor does Mr. Cowan, but to come before this Board and seek a variance. One might argue, well, you know, why don't you go into a C Zone. And my answer to that is that the type of business that he intends to conduct is frankly more appropriate and more suitable in a B Zone. But unfortunately unless you.grant the variance we can't do that. If you look at the specific hses under the B Zone, you'll find many types of uses that would be far more excessive, if you want to use the term, than with respect to this type of business that we propose here. For example, you go into a carpentry business or an electrical shop business, a motor cycle business, you're dealing almost exclusively with 100% shop-type of work. What's proposed here is approximately 40% shop work, and you heard the description in Mr. Cowan,s letter as to the type of shop- work that will be done, probably not much different than what's presently being done in a garage or an auto repair shop. There's machine work; there's electrical'work; there's welding, soldering. All of these things that are done in a B Zone. The rest of the use of the property will be put to engineering and administrative work, which will constitute about 60% of that business. It hardly appears the type of thing that you should relegate into an industrial area. To begin with in all fairness, we don't have a legitimate industrial park. We don't have an industrial park that we could use to attract.any kind .of industry here. The only area that we can attract this type of business is really in a B-Zone, and the type of business that Mr. Cowan wants to employ in this Town I would think is something that the Town would like to have. We've talked around here for many, many years of broadening the tax base. As you well know, our sole tax base in this Town is through residential homes and the existing small businesses that are in the Town. I think if we can attract a business of this nature that will not be detrimental' to the community will employ people from the community, and at the same time broaden the tax base. I would think that that would be desirable. I could go on and talk, but I don't think that will accomplish anything. First of all, I'm sure there are people here.that either through misinformation or having no information at all really do not Southold Town Board Appeals -18- ~arch 12, 1981 (Mr. Cron continued): understand the nature of the application. And there may be others who have already made up their mind that it's something that they don't want, so I could stand here for another hour and speak to this Board and speak to them, and it's not going to accomplish anything. Because I'm not going to be able to answer the questions that they may have. I have asked Mr. Cowan to be here this evening, and I would respectfully' request that if there are any questions that anybody would like to ask of him, that perhaps they could ask them through the Board and the Board in turn to him to keep it somewhat orderly. The pictures he referred to in his letter I have here, if the Board would like to have them, I would be glad to give ~hem. MR. CHAIRMAN: People may want to see them, Dick. MR. CRON: I'll leave them up here if anybody wants to see them (on the dais). MR. CHAIRMAN: Could we put them into the record? MR. CRON: Sure. If you would like to mark them and put them into the record, it would be fine with me. MR. CHAIRMAN: for this? Is there anyone else here that wishes to speak ABIGAIL A. WICKHAM, ESQ.: Gail Wickham. I'm representing Ann Wickham, the owner. I would just like to say that Mrs. Wickham did sell this property a number of years ago. She had to take it back when the purchaser defaulted on the mortgage in 1979. She hasn't had a contract on it since. MR. CHAIRMAN: Anyone else? Anyone here in opposition wishing to speak? Yes, sir. ED BUNCE: My name is Ed Bunce. I live on Schoolhouse Road in Cutchogue, the surrounding area. I'm one of'those uninformed persons that Mr. Cron was talking about, so I'll give it a shot. I might not know what I'm talking about. We have a petition here from the home- owners, the residents and the businessmen in the surrounding area of this property's application. And it's signed by at least one person from every house in the area, and we would like to present that to you, and I can read it to you. We have here: ..."To whom it may concern: We, the undersigned, wish to express our opposition to the above proposed variance to industrial-type business in a B-1 Business Zone due to the proximity of the elementary school playground, neighboring residential property. It could present a hazard to young children, downgrade residential property. Industrial zoned property should be set aside for that purpose .... "35 signatures. ~S6uthold Town Board 9 Appeals -19- O March 12, 1981 (Mr. Bunce continued): Should be located on that particular land. Now we had some questions that we would like to speak to Mr. Cowan about. I don't know if you want us to talk to him now or later. MR. CHAIRMAN: You might just as well. Maybe he will answer some of the questions some of the others might have. MR. BUNCE: Well, we feel that this, like we said, would downgrade our property, and it's also hazardous because it's a school area. But we feel too that this situation is just one of many that will appear, because once that is given a variance or a zoning change or whatever you want to call it, it will open a door for other industries to come in. There's property all around that area. The adjoining property, I could name the people that own it like that, but that doesn't make any difference, and we feel that once one is in another one would come. And if you do start something like that it is going to be a regular industrial park, that they said they don't want, that they say they don't!have or don't want or whatever. But we also have one other thing we wanted to ask Mr. Cowan about. He has already established his business in the Zahra Garage across the street. He has rented space. He has brought in three-phase electrical system, entire help, set up his machinery, and what was his intent when he should get a variance here to get his factory started, does he plan to ask a variance change over there too? Now we have two factories or two places of operation. MR. CHAIRMAN: over? Mr. Cowan, do you plan to stay there or move MR. COWAN: No, I figured I would use the mike. MR, CHAIRMAN: No, I mean with the-- MR. COWAN: Oh. Well, I would like to start off at the begin- ning by saying that unless we get the~blessings from the neighbors we don't want to move in either. So we've got that in common. First our equipment is basically not that industrial. It's not heavy. What we're doing in the Zahra Garage now is a lot less than Mr. Zahra is doing in his own garage. MR. BUNCE: He's zoned for that. You're not. MR. COWAN: Technically-- MR. BUNCE: That's one business to operate a gasoline station-- MR. COWAN: I'm talking about the type of work we're doing. S~uthold Town Board Appeals -20- March 12, 1981 MR. BUNCE: I don't even know if you legally could operate in there. You have two businesses under two different names on one piece of property. I don't know if that's even legal. I have no idea. MR. CHAIRMAN: Talk through the chair. One at a time, too. We really don't know how much work Zahra is doing in there. Do you have any idea about it, Bob? MEMBER DOUGLASS: No. MR. CHAIRMAN: I don't really know. MR. BUNCE: It's just a regular gas station-repair shop as far as that's concerned. MR. CHAIRMAN: 'Can you respond to that, Mr. Cowan? MR. COWAN: Well, of course, what he is doing is repairing automobiles, of course. But what we're doing in that shop is we have an induction molding machine that presses ceramic ~xed with metals into a case. It's a very simple device. It uses pressure at high temperature which we get from this three-phase electricity we spoke about. There's no noise. There's no pollution. All it does is employs one of your local people that lives down the block. And you wouldn't know when we're there, or when we go. There's no truck deliveries. There's nothing. The main reason we have it there is because we don't want our competitors to see us. And they so far can't spell Cutchogue. MR. CHAIRMAN: Pronounce it too maybe. MR. BUNCE: They'll be here once you get started. MR. CHAIRMAN: But I think Mr. Bunce's question was, do you intend to use both the Zahra place and this property if it were granted? MR. COWAN: No. Eventually it was our intention to move out of the Zahra place when we finally got started properly with this business we were building up to. The Zahra place doesn't come into our liking. It's a garage. We must have something more presentable to our own customers, and it would be very important that we had a presentable place. Because working out of a garage is the kind of a thing that our competitors who are all used companies would claim we're doing anyway. We have to destroy that image. MR. BUNCE: Another thing I would like to ask him is, how many men or people do you plan to employ. You have given us 60's and 40% and everything else, just how many people does that need? March 12, 1981 Southold Town Board of Appeals -21- MR. COWAN: Well, if I can answer-- the best way to explain that is, in order for us to do about a million dollars a year, we would probably need 15 people, approximately. To do two million we need 10 more people, and to do three million we probably need five or six more people. In our business doing two or three mil- lion is a lot of money, so that I can't imagine us employing much more than 20 people, at the tops, with this type of operation. MR. CHAIRMAN: Does that answer your question, Mr. BunCe? MR. BUNCE: Yes, that answers that question. MR. CHAIRMAN: have him here? Do you have anything else to ask him while we MR. BUNCE: Well, not really other than what I just said. We're not in favor of it and we think it should be put on industrial type property when there is industrial-type property in theiTown set aside for such. I can't understand why he has to come into an residential area and upset the place. MR. COWAN: Can I answer that? MR. CHAIRMAN: If you would please. MR. COWAN: The main attraction that I believe we have out here is, first you have to analyze our Plainview operation. We've been in business well over 25 years,-with the' same employees, so that the nucleus of our company today, there'.s'people in the age of 60, we all know we are on our way out. So we're re-employing young people in training. Young people don't particularly want to live in Nassau County or the west part of Suffolk County. They want to go to a nicer place, like California~and Arizona and Florida. And we have difficult times getting people employed and keeping them. We know they would, we feel anyway, that they would like to stay out in this part of Long Island. It's a gamble on our part. So if we bring them out here and employ local people with it, we feel that they will stay with us for the next 25 years. And that's the main reason we selected this area. Now we've had many opportunities to go to many other places at a much better advantage financially as you probably know, places like Pennsylvania, Florida and so on, you know, open their doors. They, ai~lot of them go down to very low prices. But I don't think, well I personally wouldn't want to do it myself. This has a lot to do with it. But that's the reason We're coming out here and want to. MR. BUNCE: I'll tell you this. I deal with a company, 180 Terminal Drive; that can't be too far from you. I know the area. I know what they put up down there and I know what's going on down at that place. We certainly don't want it out here in our Town. MR. CHAIRMAN: Yes, sir? Southold Town Board of Appeals -22- March 12, 1981 MR. COWAN: I don't know what 180 is. We're 120. MR. BUNCE: Well you're in Plainview, aren't you? Drive. Do you know "?" Products? (Kelly?) 120 Terminal MR. COWAN: No. But our going is 20,000 square feet put up with steel frames with what they call an.apron wall with a flat roof that leaks all the time, and for the most part the area, you know, in my estimation is kind of hideous, which they cleaned up too. But you know industrial parks are like that. That's the main reason we don't want to go to one. MR. BUNCE: That's what we're going to have if you change the zoning to industrial. I don"t know if they have any other alterna- tives other than to do that since that's what you're asking for. Then there will be one more right behind you. And the next one down the road. Then an industrial park over there by the post office and up on the hill. MR. COWAN: I was under the impression we're asking for a variance not for zoning but just to use the property. MR. CHAIRMAN: That's what the application is for. anyone else that has any questions? Is there NEIL DEICHEN: Mr. Chairman, may I ask you one question. I'm a homeowner in the neighborhood. I've lived there for 19 years. What is it going to do to my property? Do you know the answer? Is it going to downgrade it, upgrade it, or what? MR. CHAIRMAN: Member Goehringer is a real estate man sOmetimes-- MEMBER GOEHRINGER: At this particular time I don't think we can make a determination upon that, and I understand that all of you are very, very interested in this; and I know exactly what you're talking about. This Board is not a Board that can deal with project design. We can't tell the gentleman what type of building to build. That's up to the Building Department. MR. DEICHEN: Where does that leave us though? MEMBER GOEHRINGER: But I can't tell you how blatant the building is going to look or how.nice the building is going to look. MR. DEICHEN: leave us? But what I am saying is, where is that going to MEMBER GOEHRINGER: I know exactly what you're saying. MR. CHAIRMAN: Wish we could answer it. MR. DEICHEN: Wish we had the answer too. Southold Town Board Appeals -23- March 12, 1981 MR. CRON: Can I say something? Unless there's somebody else that wants to say something. MR. CHAIRMAN: Is there anyone else that wants to speak? WES SIMCIK: I'm Wes Simcik and I'm representing the Mattituck- Cutchogue Board of Education. This property in question is right across the street from the West Cutchogue Elementary School. In that building we have students from kindergarten to third grade, and we have summer 'soccer programs and also little leagues. Our concern and realizing the benefit of a broader tax base, etc., our concern is safety and welfare of the students. And I really don't know what the off-street parking would ben What the traffic would be. But these are just our questions. We're not for it and we're not against it. We just want to find out. MR. CHAIRMAN: Well, it's a good time to find out. MR. COWAN: Our present plan is to have an office building looking similar to a home, as close to a home as we can. We're kicking around the idea of employing somebody to live on the premises. This would be a security problem which I was told we might need. Our friend, Zahra had some gas stolen out of his car recently. All the parking that we intend to do is on our premises with a driveway in and a driveway out. One of those driveways will accommodate a truck which would pull into the building behind a hedge. We've made some layouts, and the layouts would be in a great improvement to the community. We,d see to that. One of the things we expect to have and want to hav~ is all the blessings of all the neighborhoods. And the way we do that, of course, is just to conform to their wishes. There's no problem to us to do on that. There's nothing, hideous about the work we do. It's all indoors. And it's mostly a very heavy exotic engineering-type business, which attracts all sorts of inquiries. And also it's advantages for local people, including school children, to come around and ask questions about it. So that it would be a credit to the community as far as we're concerned, what we do. Of course we can't answer to What anyone else would do to a neighboring property, which is another thing that came up. MRS. VERDERESE: I just wanted to know, would there be any emissions from this building? MR. CHAIRMAN: Emissions problem-- MR. COWAN: No, not in-- MR. BUNCE: Well, he's talking about, talking about manufactur- ing valves and gas, valves and exploding them--checking them not exploding, there has go to be emission. There's got to use liquid. He's got to use something to check them. There's got to be a certain Southold Town Board of Appeals -24- March 12, 1981 (Mr. Bunce continued): amount of emission or something, some kind of a danger over there. Maybe they don't want it in Nassau County, or they can't do it anymore in Nassau County. How about that? MR. COWAN: I don't know what he's saying-- MR. BUNCE: Are you allowed to do your operation in Nassau County now or not? Maybe that's why you're moving out here because you can't emit into their emissions or you can't operate the way you want. MR. CHAIRMAN: No, that wouldn't have any bearing whether he's allowed to operate there or not. MR. BUNCE: But I mean as far as meeting the Code of Emissions, polluting the air. MR. CHAIRMAN: Well', ~e~'s'going to have to meet the requirements of the Board of Health and everything else that goes with it--Planning Board, site plan--well I said the Health Department. DEC. Excuse me, what was your name? MRS. VERDERESE: Verderese. MR. CHAIRMAN: Thank you. MR. COWAN: I brought a one model of one of our igniters, just to give you a general idea of'what it looks like, if you would like to see it. MR. CHAIRMAN: you're doing. It might help us. To show these people what (Mr. Cowan brought up an igniter model for viewing.) MR. COWAN: I might explain, that's a gas igniter. And an ordinary gas igniter has a spark transformer, spark plug, and when it gets soaking wet it won't work. Various companies have appli- cations, in this case, Dupont, where their igniter circuits always get wet, and they need a special igniter to work when it got wet. And this is the one. And instead of having a spark plug we have an arc plug--as you see, it's all stainless. The materials in it and the design of it is such that there is no way you can blow it out once you got it started. And it~uses a small amount of gas and throws the flame about a foot long. It's unique. It sells for a lot of money. Much more than a regular burner in a regular home. In fact three times as much as a burner. There's no pollution in making it. It's just a unique device. And there's nothing we do that pollutes anything anyway. We've never been questioned in Nassau or any other place about it. OMarch 12, 1981 Southold Town Board of Appeals -25- MRS. VERDERESE: I'm not too familiar with the zoning thing. If this variance were granted and the building were built, even- tually if it were sold could some other type of business come into that building? MR. CHAIRMAN: The use variance would be changed it wouldn't stay that way to whatever was granted. MRS. VERDERESE: It would have to be the same operation? MR. cHAIRMAN: It wouldn't have to be the same operation. It would be some type of business similar to his. If you wanted to call it industrial, it would be industrial. What they're trying to do is keeping it in the B-1 Light, it would be the same as was permitted oh in any district around town in the same area-- the use district would remain. It's zoned B-1 now, and he's just asking for a variance to use his business in that zone. It's a question whether his business is really the same or is real heavy business, which it doesn't appear to be. MEMBER DOUGLASS: May I say something, Charlie? MR. CHAIRMAN: Yes, Bob. MEMBER DOUGLASS: One important item in the power of this Board, this Board has the authority to attach stipulations of what can be done and put regulations on the use of whatever they pass. MR. CHAIRMAN: Anyone else? MALCOLM HENDRY: My name is Malcolm Hendry. I think that the Town would welcome business. We need the business, and I think it should be put where it belongs. I don't see subsidizing one company or one property owner. If the gentleman would want to build a plant, we have areas zoned for that. And I think that we should follow the fathers, the town fathers' wisdom in presenting this to the gentleman. We don't want to throw him out, sort of speak. In all regards if the people in the neighborhood, the school, and you know, the environment would be hurt, :let's put it where it belongs. And as far as bringing people in the area, I don't know if people could afford to live here. Do we have housing for them. So there's more than that to go on, as far as saying yes to anything. Thank you. MR. CHAIRMAN: Thank you, Mr. Hendry. you wanted to say something? Anyone else? Mr. Cron, MR. CRON: I think we're losing sight of something here. Whether you're in a B-Zoned area or whether you're in an industrial area, or any of the areas in the B-Zone, C-Zone, almost everything you do in any one of those areas exists by a Special Exception. And that's true with all of the uses that are permitted in the B-Zone. Southold Town Board o~Appeals -26- OMarch12, 1981 (Mr. Cron continued): It's true of all of the uses that are permitted in the B-Zone. It's true of all of the uses that are permissible in a C-Light Zone. For the want of a specific allowance or a permitted use in the B- Zone, we feel to fall in this Light Industrial Zone, but frankly, anybody in their right mind can say that an office building is necessary and should only be constructed in a C-Zone. And our ordinance says that. It's exactly what the ordinance says. It's actually ludicrous to take a business that's really not of an industrial nature and force it into a C-Zone. If somebody came before this Board with one of the permitted uses under the B Zone, such as a motorcycle shop, an electrical shop, a carpentry shop, this Board could only grant it by a, as a permitted use, a Special Exception. This business is not unlike that type of business. In fact it is probably less honorous than what a motorcycle shop would be. And I,say, I say we're unfortunate that we don't have a specific enumeration for this type of business in the B-Zone. I think what everybody is losing site of is that this property is B-Zoned, and those kind of uses could come into this zone. If it's the intent of all the surrounding neighbors to say, "We don't want any kind of business in this zone," that is it's zoned improperly obviously. But all of the business in that, all that area there is B-Zoned from the Main Road right back to the garage. Nobody seems to object to the garage being there. They do machine work. They do welding. The type of work that's going to be done here is less honorous than that. You heard Mr. Cowan say that the type of structure that he's going to put up is in the nature initially of an office building that's going to look somewhat like a residence.~. In my conversations with him, he had hoped eventually to put up a structure that looks somewhat like the Town Hall building, which might be a heck of a lot better than having a motorcycle shop, or an electrical shop, or a carpentry shop. But if that's what they want in the area, well maybe they would be happier with that. What we offer is something that we feel is attractive and is going to be beneficial and helpful. Mr. Cowan said, look,~.if you don't want him that's the way it is. But don't throw it away because somebody is using the term for want~of a better term that this is an industrial use, because it is not an industrial use. It is categorized that way because of the way the ordinance is written. We don't have any other choice. And incidentally, I didn't mean to Mr. Bunce in a derogatory manner when I said "uninformed." I said uninformed in the sense that nobody has gone to_anY.effort to determine exactly what is proposed here. MR. BUNCE: I was going to say, if they do this, or if you grant it, you would be setting a precedent on an industrial basis. What effect would that have later on. If someone else comes along and wants to get the same type of variance and do something else, S~uthold Town Board o~Appeals -27- March 12, 1981 (Mr. Bunce continued): and then just add a little more to the pile, and say, "Well I'm only doing the same thing as they are but I'm going to put a little bit more of this into it.'~ But'right now it's just the garage and the welding." But now he's going to work in the same thing and add a little bit more each time. The next thing you know, we've got our industrial park. I've seen it happen. I lived in Hunting- ton for 55 years. Not 55, but 50 years. I've been out here about nine or ten years, and it happened in there. It went from one residential 'from 15,000~to 250,000 people, and zoning was changed the meet industry and to meet anything that they could get their money out of. I don't believe it should be done. I believe they should put it on an industrial type property. That's about all I can say. MR. CRON: You're talking about a two-acre piece of land. mean the kind of expansion that he's talking about you need acres and acres of land. MR. CHAIRMAN: This has been educational, more or less, an educational hearing to all of us. Mr. Bunce, I mean Mr. Cowan, is there any chance that we can drop by and see just what the operation is so we know a little bit more about what we're talking about too? MR. COWAN: You mean in Hauppauge or here? MR. CHAIRMAN: Out here. What you're doing over there now. MR. COWAN: Oh sure. You're welcome to drop in. tomorrow morning again. We're open five days a week. much so. Would be happy to see you. We're open Yes, very MR. CHAIRMAN: you something. Just a minute. Mr. Douglass would like to ask MEMBER DOUGLASS: In opening up your operation in Cutchogue there, did you receive a permit and proper.papers on the new Fire Code and stuff? MR. COWAN: I'm not too sure. I think the fire inspector has been in, but you got to remember we haven't added much into that garage. We just put one piece of machinery in. Other than painting it up and cleaning it up and finally adding hot water to it, our only contribution was putting our machinery in it. MEMBER DOUGLASS: permit? Has the building department issued you a MR. COWAN: I'm not sure. We have a man assigned to that from the shop, but I'm not sure whether he did it or not. Southold Town Board Appeals -28- March 12, 1981 MEMBER DOUGLASS: Mr. Cron? In one of your things, in discussing of the garage. That garage was nOnconforming, right? MR. CRON: I assumed it was in a B-Zone, that garage. MEMBER DOUGLASs: Yeah, it was made, if it is in a B-Zone which it must be, it was made afterwards I believe. I think it was nonconforming originally wasn't it? It was there before, wasn't it? MR. CRON: I can't answer that question. I don't know what it was before. Obviously in this particular zone you're entitled to have a garage. MEMBER DOUGLASS: That's right. MR. CHAIRMAN: There was something there before he became a garage, I think, he stored buses or something like that? MEMBER DOUGLASS: That'S right. It was a garage for bus-- MR. CRON: How long ago was that. MR. CHAIRMAN: And telephone company trucks. MEMBER DOUGLASS: How long ago? Well, I remember it. MR. CRON: It might not have been there when I came. MR. BUNCE: I believe Cliff Tyler owned that garage before Zahra owned it. He did rent buses. He owned the whole piece of property. He owned the business; he rented it as part of his busi- ness. He took in telephone trucks. He repaired them and also let them stay there, you know, they garaged them. Now you've got two businesses in two different names. On one piece of property. That's why I asked Mr. Cowan if he intends to stay there or what he is going to do after if he gets this if the application is' approved. Because I believe he's in violation. I don't know. MEMBER DOUGLASS: Thank you. MR. CHAIRMAN: Well, I think'we've said about all that can be said about it tonight. And we'd like to drop in, maybe a couple of the fellows would feel like taking a long ride. Could they go to Nassau and see your operation? MR. COWAN: Oh, sure, that too. because I'm not always around. Just call up before you come MR. CHAIRMAN: Ail righty. DO you have a telephone number for there you could give the secretary. MR. COWAN: Yeah. 349-8282. · Southold Town Board Appeals -29- OMarch 12, 1981 MR. CHAIRMAN: So, I think, I'll offer a resolution to recess this until the April 2nd, 1981 meeting. I think everybody will have more ideas about it by then I think. MR. COWAN: Thank you. MEMBER GOEHRINGER: Second. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to recess Appeal No. 2787, application of Frederick Cowan and Co. until Thursday, April 2, 1981 to be held at the Southold Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application of Frederick Cowan &..C.0.mpa.ny~..Inc. Dear Sirs: In accordance with our telephone conversation this instant date, I would respectfully request that you disregard the re- quest made in my letter to you dated March 6, 1981, to recess the above application to Thursday, April 2, 1981. I have been in contact this date with my client and in the light of a change of plan, we would be available for attendance at the Thursday, March l2, 1981, hearing on the Frederick Cowan & Company, Inc. application for a variance. In the light of the foregoing, this will confirm that the hearing will take place on Thursday, March 12, 1981, at 8:05 P.M. Ver~rs, RJC/j f cc: Wickham, Wickham & Bressler, P.C. Frederick Cowan Walter F. Luce ~16 7,34-6100 March 6, 1981 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, N.Y. 11971 oard, of ppea Re: Application of Frederick Cowan & Compan¥~ Inc. Dear Sirs: The above captioned application for a variance was origi- nally scheduled for Thursday, March 5, 1981, at 8:05 P.M. In light of the inclement weather that prevailed on March 5, I am informed that the Board is considering recessing this particular application, as well as others, to the date of Thursday, March 12, 1981. In the light of the fact that my client, Frederick Cowan, will be unable to be present on the proposed recessed date of March 12, I would respectfully request that this application be further recessed to Thursday, April 2, 1981, at 8:05 P.M. It is my understanding after having discussed the matter with Mr. Grigonis, Chairman, that it would be agreeable to so recess this application to the date requested. Thanking you for your courtesies extended in this matter. Very...~ly yqurs, RJC/j f cc: Wickham, Wickham & Bressler, P.C. Frederick Cowan PETITION TO: SOUTHOLD TOWN B~D OF APPEALS SOUTHOLD TOWN HALL ~;AIi~ L!0AD ,SOUTHOLD, N .Y. 120 Terminal Ave. RE: Application of Frederick Cowan and Co., Inc Plainview, N.Y. 11803 (Richard J. Cron, Esq]$ for a variance to the, Zoning Ordinance, Art. Vll, Sec. iO0-70A,B, for permission to conduct an industrial-type business (equipment designing and fab- rication) in a B-1 Business District. Location~ northeast corner of North Street and Schoolhouse Rd., Cutchogue~ N.Y. County Tax Piap Item No. 1000-102-5-9-2. TO WHOh IT MAY CONCERN: We, the undersigned, wish to express our opposition to the above proposed variance for an industrial-type business on a B-1 Busi- ness ZOned site. Due to the proximity of an elementary school playground and neighboring residential property, it could present a hazard to young children and do~-grade residential property. We feel that industrial-type business should be located on industrial zoned property set aside for that purpose. ,NAME ADRESS NAME ADRESS FREDEI~ICK CO.rAN ~ COMPAN~ INC. 120 TERMINAL DRIVE PLAINVIEW', I- I., NEqN YORK 11803 816-349-8282 - TELEX 96-7899 Dec. 5, 1980 Southhold Zoning Committee Southhold, N.Y. Direct line 516 349-8288 922-3920 Gentlemen: We are in the business of designing and fabricating equipment used for the a) Burning of all fuels b) Igniting of all fuels c) Controlling the igniting and/or burning of fuels Our principle markets are for large capacity burners used on large capacity boilers generaly used to generate electricity. LILOO is a valued and typical customer of ours. Our type of work is mostly Engineering and Engineering Development and the finished product is the means of which we have elected to receive our profits. Our general staff arrangement is usually 45% Engineering 15% Administrative 40% Shop Our type of shop fabrication is light welding and molding assembly piping and wiring machine shop work tubing Our labor is generaly top skilled. Enclosed are some photos which may help to describe our work. We would like to locate and build a company on the subject property which presently is zoned as B1. We respectfully request a variance to ~ cata~ory to enable us to do the work described above. Very truly yours, Frederick Cowa?..~ Co., Fred'~ rickrlC.. ~wa~' / TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. FREDERICK C.OW.AN & COMPANY, INC B.y. :., F. r. 4 rz k..C ..... rlowaa, 2 r.e 8..o{ ... ........................... Name of Appellon,t Street and Number P la i nv iew Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION N.Y. ............................ HEREBY APPEAL TO State OF THE BUILDING INSPECTOR ON APPLICATION FOR' PERMIT NO.(..1.e...t..t..e...r.....9../...5../..8...0..)... DATED ....D...e..c..e...m..b...e..r.....9..;.....1..9..8...0.: ........... WHEREBY THE BUILDING INSPECTOR DENIED TO FREDERICK COWAN & COMPANY, INC., Contract Vendee Name of Applicant for permit of 120 Terminal Avenue Plainview Ne~ York Street and Number Municipality State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY North Street & School House Road B-1 Cutcho§ue Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VII 100-70 A & B 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (b_~een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicant desires to conduct a which is not a permissible use in the B-1 zone. bus ine s s Porto ZB1 (Continue on other side) REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because AS PER ATTACHED SHEET 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because efforts to utili~.e the property .for the permissible uses in the "B" zone have to date been unsuccess- ful. That such hardship is unique to this parcel in that surrounding prop~ties in a "B" zone have already been established to a large extent for existing business use. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed business use is in harmony with the businessuses presently in existence in the surrounding area. Tn fact, the intended use would enhance the surrounding business area and be advantageous to the economy of the Town of Southold and the ultimate welfare of its citizens. STATE OF NEW YORK COUNTY Of E/4/~/'~° c/~,,' Frederick C. Cowan Sworn to this .............. ~..~ ......................... day of ........... .F...e.b...r..u...a..r.Y.. ......................... 19 81 RICHARD J. CRON Ret~nj Public, State of New '/ork 52-~612~0 - ~olk Coun~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecessa=y' HARDSHIP because the land in question is not specifically suitable for those uses presently permitted in the B-1 Business zone. For many years, the owner thereof has attempted to effect a sale of the lands, without success, princi- pally due to the fact that the surrounding area and the location of the land did not readily lend itself to the permissible uses of the B-1 zone. To effect a sale under such circumstances would cause an obvious substantial loss in land value and extreme finan- cial hardship on the owner. At the present time the owner has the opportunity to consum- mate a sale of this land at a fair and reasonable value. However, in order to do so a us.e variance is required which would allow the conduct of a business engineered for the designing and fabricating of equipment used in the burning, igniting and controlling the igniting and/or burning of fuels. Annexed hereto and made a part hereof is the letter of Frederick Cowan & Company, Inc., dated December 5, 1980, proposed purchaser, more specifically setting forth the type of business to be conducted at the premises if the use variance is granted. While the type of business to be conducted would appear to be a permitted use as a special exception in the "C" Light Industrial zone under subparagraph (B)(2), it is also a business use that would just as readily be in harmony with the types of permitted uses in a B-1 zone. In this regard the proposed 40% shop use would be no greater (and probably less) than a use permitted in the~B-1 zone under sub- paragraph (B)(6), to wit: Cabinet, carpenter, electrical, plumbing, furniture, bicycle and motorcycle shops. The other activities of the business (60%) would be confined to engineering and administrative purposes, uses certainly attract- ive and in line with a "B" Business zone. LEGAL NOTICE NOTICE IS HEREBY .GIVEN, that all of the hear- rags to be held by the $outhold Town Board of Appeals on March $, 19~1, have been recessed until Thursday, March 12, 1S81, which said hearings will be heard at the same times as .previously ad- vertised, at the Southold Towia Hall, Main Road, Southold, NY. Da ted.. March $, BY ORDER OF . THE SOUTHOLD TOWN ~ BOARD OF APPEALS CHARLES GRIGONI~, JR. iTM12.3642 - ..-CHAIRMAN COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: David ti, Walker ..................................... being duly Sworn, says that ... b.a.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the annexed is ~ printed copy, has been published in the s~id Suffolk WeekI~ Times Once in each week, for o~e successively commencing on the ~ 2th dc~ of .... Ma.~'.c.h .,a ...... 19 ~`1 _ .... Sworn to l~fore me thi~ ~2'~ .................. day of .. l~..a.z:q.h.. ..... ' .' .' .' .' .' .' HELEN K. DE VOE NOTARY PUBLIC, State of New York No. 4707878, Suffolk Cou Term Expires March 30, l~n~..~i' COUNTY'OF SUFFOLK STATE OF NEW YORK . LEGAL NOT!CE OlYEN;'tha ~I of t~i'h~gs To~ ~ard oi Ap~als on March 5. 1981 have ~n ~s~d unt, ~ursday. M~ 12. 1981. which said h~a~gs wffi be h~rd ~ the ~e times as previously ~venised at the ~u~old To~ H~I. Main Road. ~uth- old. ~. Daed: Msrch 5, 1981. BY O~ER OF '~E SOU~O~ TOWN BOA~ OF APP~LS C~RLES G~GONIS, ~R. ~a~ 1{, 3/12/81 (~) · Patricia Wood, being duly sworn, says *that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........... .~. ........................... weeks successively, commencing on the .... )...~.. .......................... Sworn to before me this ..i..:!..~.. ................... day of ...... ~ ...... , 19..?..~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, that all of the hearings to be held by the Southold Town Board of Appeals on March 5, 1981 have been recessed until Thursday, March 12, 1981, which said hearings will be heard at the same times as previously advertised.at the Southold Town Hall, Main Road, Southold, NY. Dated: March 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. CHAIRMAN Suffolk Times and Long Island Traveler Watchman: Please publish the above legal notice once, to wit, Thursday, March 12, 1981 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. 765-1809. Copies to: Suffolk Times by hand Monday 5:00 p.m. 3/9/81. L.I. Traveler by hand Tues., a.m. 3/10/81. The following by mail 3/10/81: Rudolph H. Bruer, Esq. Abigail A. Wickham, Esq. Ri chard J. Cron, Esq. Mr. and Mrs. Leo Brac William H. Price, Jr., Esq. Mr. Alfred H. Goldsmith Mr. and Mrs. George Sweeney Posted on Town Clerk Bulletin Board 3/5/81. Copy to Supervisor's Office 3/10/81. I LEGAL NOTICE ' OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of South- old, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southoid, NY on Thursday, March S, 1981: 7:30 p.m. Application of John and Mary Pietrodangelo, $2340 Main Road, Southold, NY {Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Section 100-30(A),(C) for permission to operate a retail flower shop on first floor of existing build- ing in an A-Residential Dis- trier. Location of Property: "[a'~/~'100 V~unt~e{v~ei'~ ' Cutchogue, NY; Nassau Point : Properties Sub. Map 1S§, Lots : 29S and 296; County Tax Map ~ Item No. 1000-104-11-0. 8:0S p.m. Application of pony. , !nc.. 120 Ter~l '~- Avenue Plainview NY !1803 , CRichard J Cron~ Es~) for a ' ~ Variance to the Zoninu Ordin- ance, Art. Vll. Sec. i~-70A, p~ - . . a~ industrial-t~pc busmcs e uipmcnt dcs~ mn and ( q .......... lstrlct, location of pro err: ~~(-' corner of North u! ~due, NY; northwest by Sch~l . ~fi;ast bY ~.m, ApPlication of L~o and Lillian Brae, Nassau Point · Road. Cutchogue, NY for a Variance ~o the Zoning Ordin- ance, Art. I11, Sect. 1~-31 for permission to alter property line between Subd. Lots No. 49 and 50, reducing the lot area for ~t ~ and increasing the lot area for Lot 49 of prope~y I~ated at the east side of Nassau Point Road, Cutch- ague. NY; bounded north by Eggers; west by Nassau Point Road; south by Blaikie; east by Peconic Bay.: County Tax Map Item No. l~qU-15-8. 8:~ p,m. Application Frederic P. Rich, 1470 Hoba~ Road, Southold, NY {William H. Price. Jr., Esq.) for Variance *o the ~ning Ordin. once, Art. III, See. 1~-31 for approval of insufficient area and width of two proposed parcels each with a residence, and known as 1470 and 1580 Hobart Road, Southold, NY; bounded northwest by Smith; southwest by Town Creek; southeast by Creighton; north- east by Hobart Road; County Tax Map Item No. I~-~- 3-2. 8:35 p.m. Application North Fork Motel. inc. to change existing motel use to privately-owned units. {Pre- viously advertised 2/5/81 Dated: February 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK-- STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............ ~ ........................... weeks successively, commencing on the ....... !.i.'}. ........................ Sworn to before me this ..... ...~....?. .................. day of CLEMENT j. THOMPSON NOUR¥ PUBLIC, State of New York t~3, 52.9321725 Real,n8 ~n ,Suffolk Commission Expires March ~, LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the' Provisions of .the Amended Code of the Town of $outhold, the following matters will be held for public hearings by the Southold Town Board of Ap- peals at the Southotd Town Hall, Main Road, Southold, N.Y., on Thursday, March 5, 1981: 7:30 ·p.m. AppliCation of John and Mary Pietrodangelo, 52340~ Main Road, Southold, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Section 100-30(3/), (C) for permission to operate aretail flower shop on first floor of existing build- ing in an A-Residential Dis- trict. Location of Property: 52340 Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by Charnews; south by.Southold School Dis- trict No. 5; east by Terry; County Tax Map Item No. 1000-63-6-9. 7:45 p.m. Application of Richard' A. and Janet J. Schlumpf, 32 Curtis Path, East Northport, NY (Wickham, Wickham & Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Art. III, · Sec. 100-31 for. approval of the "reduction of "the area and width of a parcel of land to provide additional access to a second parcel of land, located at the east side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Cap- obianco, Sheily, Lueckoff; west by Indian Neck Lane; south by. Peconic Bay Gar- dens; east by Richmon0 Creek; County Tax Map Item No. 1000-86-5-7 and 8. 7:55 p.m. A_pplication of Thomas J. DeBorger, 93 Broadwaters Road, Cut- chogue, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 .for permission- to change division line between Lots 295 and 296 to run gener- ally north-and south rather than present east and west at 945 Broadwaters Road (a/k/a 100 Wunneweta Road.), Cut- chogue, NY; Nassau Point Properties Sub. Map 156, Lots 295 and 296; County Tax Map Item No. 1000-104-11-9. ~;05 p.m. Anolication of Frederick Cowan and Compa- · ny, Inc., 120 Terminal Avenue, Plainview, NY 11803 (Richard ~.'Cron, l~sq.) ~or a variance to the Zoning Ordinance, Art. ~'-I-f~ Si~c. 100-70A, B, for per- trial-t_y_p_~.business (equipment designing and t'abricatlng) in "a~ness District. Loca- _-'2[i~fi---0t --~ F6 Per t y: northwest ,,~orger 0f NOrth Street and School House . Road~ Cut- chogue, NY; bounded north- 'west by School House Road; no--a'~e~t'"'lJy t~ortn street; southwest by Baxter; south- eas--~'~/~ii.~County Tax M.ap ~pplication of Leo and Lillian Brac, Nassau Point -Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, At. III, Sec. 100-31 for permission to alter property line between Subd. Lots No. 49 and 50, reducing the lot area for Lot 50 and increasing the lot area for Lot 49 of property located at the east side of Nassau ' Point Road, Cut- chogue, NY; bounded north by Eggers; west by Nassau Point Road; south by Blaikie; east by Peconic Bay; County Tax Map Item No. 1000-111-15-8. 8:30 p.m. Application of Frederic P. Rich~ 1470 Hobart Road, Southold, NY (William H. Price, Jr., Esq.) for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-31 for approval of insufficient area · 'and width of two proposed parcels each with a residence, and known as 1470 and 1580 Hobart Road, Southold, NY; bounded northwest by Smith; southwest by Town Creek; southeast by Creighton; north- east by Hobart Road; County Tax Map Item No. 1000-64-3-2. 8:35 p.m. Application of North Fork Motel, Inc. to change existing motel use to privately-owned units. (Prey- iously advertised 2/5/81). Dated: February 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TF19-3629 H£LEN K. DE VO£ NOTARy PUBLIC, State o 20. 4707878 u~.,. f,,New York .... ~arCh 30, l~ LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of'the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, March 5, 1981: 7:30 p.m. Application of John and Mary Pietrodangelo, 52340 Main Road, Southold, NY (RudolPh~H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Section IO0-30(A),(C) for permission to operate a retail flower shop on first floor of existing building in an'A-Residential District. Location of Property: 52340 Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by Charhews; south by Southold School District No. 5; east by Terry; County Tax Map Item No. 1000-63-6-9. 7:45 p.m. Application of Richard A. and Janet J. Schlumpf, 32 Curtis Path, East Northport, NY (Wi~ckham, Wickham & Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for approval of the reduction of the area and width of a parcel of land to provide additional access to a second parcel of land, located at the east side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Capobianco, Sheily, Lueckoff; west by Indian Neck Lane; south by Peconic Bay Gardens; east by Richmond Creek; County Tax Map Item No. 1000-86-5-7 and 8. 7:55 p.m. Application of Thomas J. DeBorger, 93 Broadwaters Road, Cutchogue, NY (Rudolph H. Bruer, Esq.) for a Variance to ~he Zoning Ordinance, Art. III, SecJ 100-31 for permission to change division line between Lots 295 and 296 to run generally north and south rather than present east and west at 945 Broadwaters Road (a/k/a 100 Wunneweta Road), Cutchogue, NY; Nassau Point Properties Sub. Map 156, Lots 295 and 296; County Tax Map Item Im ~age 2 Legal Notice of Hearings Board of Appeals Meeting of March 5, 1981 No. lO00-104-11-9. ~ 8:05 p.m. Application of Frederick Cowan and Company, !nil~ Terminal Avenue, Plainview, NY 11803 (Richard J. Cron, Esq ) for a Variance to the Zoning Ordinance, Art. VII, Sec. lO0-70A for permission to conduct an industrial-type business (equipment ~designing and fabricating) in a B-1 Business District. Location of property: northwest corner of North Street and School House Road, Cutchogue, NY; bounded northwest by School House Road; northeast by North Street; southwest by Baxter; southeast by Case; County Tax Map Item No. 1000-102-5-9.2. 8:20 p.m. Application of Leo and Lillian Brac, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, At. III, Sec. 100-31 for permission to alter property line between Subd. Lots No. 49 and 50, reducing the lot area for Lot 50 and increasing the lot area for Lot 49 of property located at the east side' of Nassau Point Road, Cutchogue, NY; bounded north by Eggers; west by Nassau Point Road; south by Blaikie; east by Peconic Bay; County Tax Map Item No. 1000-111-15-8. 8:30 p.m. Application of Frederic P. Rich, 1470 Hobart Road, Southold, NY (William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for apprOval of insufficient area and width of two proposed parcels each with a-~residence, and known as 1470 and 1580 Hobart Road, .Southold, NY; bounded northwest by Smith; southwest by Town Creek; southeast by Creighton; northeast by Hobart Road; County Tax Map Item No. 1000-64-3-2. 8:35 p.m. Application of North Fork Motel, Inc. to change existing motel use to privately-owned units. (Previously advertised 215181). Dated: February 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN '~ To the Suffolk Weekly Times and Long Island Traveler-Watchman: P16ase publish once, to wit, February 19th (or in the alternative, not later than February 26th), and forward six affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Road, Southold,NY 11971. (tel. 516-765 1809 or 1802). Copies mailed Tuesday, Feb. 17, 1981 to: Rudolph H. Bruer, Esq. as attorney for John and Mary Pietrodangelo Thomas J. DeBorger Wickham, Wickham & Bressler, P.C., attorneys for Richard A. and Janet J..Schlumpf Leo and Lillian Brac William H. Price, Jr., Esq. as attorney for Frederic P. Rich and North Fork Motel, Inc. Frederick Cowan and Company, Inc. Applicants at their mailing addresses shown on applications. Supervisor Town Clerk Bulletin Board was posted on 2/17/81. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11¢J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. m."~ \' TUT:::LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph Iq. Sawicki TYPE II ACTION DESIGNATION NO¥ICE IOFNOSIGNiFICANT' E'FIFECT UPON' THE' ENVIRONME'NT Pursuant'to Section 617.13 of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code, the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action, not having significant adverse effects upon the environment. Pursuant to Section 617,5(a} of the New York State Environmental Quality Review Act, no further determination or procedure is required herein. This declaration should not be considered a determination.made for any other depart- ment or agency which may also be involved or any other project not covered by the within application. Applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment. Subject property is not located within 300' of tidal wetlands and will not require processing by the DEC. Ap.plicant's Name: Fr.ederick Cowan & Co., Inc. Appeal No. 2787. Description of Project: To conduct an industrial-type business {equipment designing and fabricating) in a B-1 Business District at the northwest corner of North Street and School House Road, Cutchogue. Date and Place of Public Hearing: 3/5/81 at 8:05 p.m. at the Southold Town Hall, Main Road, Southold, New York. Documents on File: Appeal Application, Notice to adjoining prop- erty owners with mail receipts, Surveys or Sketches of the proposed project, Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form, photocopy of the County Tax Map showing this property and the surrounding area, and other documents as may be required. Person to Contact for Additional Information: Linda KowalskJ, Secretary to the Board of Appeals, Town Hall, Main Road, Southold, New York 11971. Telephone (516} 765-180g, or 1802 (Building Inspector). Dated: February 12, 1981. Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. .K JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 February 11, 1981 TO' Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2787 application.:of Frederick Cowan & Co. for a variance, AlSo included are notification to adjoining property owners as follows: William J. Baxter, 4 Windrose Way, Mead Point Greenwich, Conn. 06830; Stanley G. Case, Cutchogue, N.Y. 11935. JTT/bn Enclosures Town Clerk :i~ ~'~ NST ~,~U C T IONS_: · :- SHORT'ENVIRONMENTAL ASSESS}kENT FORM order to o~swer the questions in this short EAF it is assumed ~ho{ ~he preparer viill use currently available information concerning the projec~ end the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Envlro'nmentol Assessment Form is necessary. (c) If all questions have been answered No it is likely %h0% %his project is not significant. (dj E'nvironmental Assessment ' ' ': .. ~. Wil'i project result'in a large physical change · :'/ to the project'site Or physically alter more than 10 acres of: land?.' ....................... 'Yes o 2. ~'till there'be o major change ~o any unique or -unusual land fOrm found on the sit&? .......... Yes NO 3. %?ill projec~ .alter or have a large: effect'on existing body of wafer? ........ '. .............. .._ '4.. %'/ill project have a potentially large impact , on groundwater quality? ....................... 5. Will pro'jecf significantly effect drainage. . flow on adjacent sites? ...... , .............. ~.,.~.Yes. o. 6. %Yill project affect any threatened or '/ · endangered plant or animal species? ........... :: Yes~' No 8. ¥1ill project have o major effect on'visual character of the community or scenic views or. / vistas known to:be important to the community? .... Yes,~No ~. %~ill project adversely impact any site or structure of historic, prehistoric or . paleontological importance or any site . designated as a critical environment°l a~eo / 10. %~ill projec~ have a mojo~ effect on existing ¥-S'/e ~ or future recreational opportunities? ......... -- N° "11.. %~ill project result in.major traffic problems a major effec[ to existing -/ . O~ cause ~ronsportation systems? ....................... YeS~No 12. Will project regularly cause objectionable disturbance as a result of ~he project's operation? ..... ' ...... ........................... .. e 13. %~ill'Project have any impact on public health .... or.sofe~y? ................................... Yes 14. %~ill p~oject affect the existing community by directly causing a growlh in permanent · population of more then 5 percegt over a one year period or have o major negative effect / on the ch.ara~er of the community or neighborhood? ................................. Yes .... 15. Is there public con,roversy concerning' ~he '' '~NO project? .... ../~; .... ~ .... ' ......... : Yes: PREPARER'S SIGNATURE . FOI~M NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ............................... ..~....~.~..~.. ..... ...~......, 1 .9~....¢' .................................................... ~ .......... 7'z~'~' /' PLEASE TAKE NOTICE that your ~doted for permit to construct ~.~.~.~.~.~....~(~ the premises located of .................................... ...................................................................... Street Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the follow;ng grounds · x /y /.,,~,,4.,,~ . Building Inspector (Today' s Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of .the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located'within 300 feet o~ tidal wetlands; however, constructed along the wa~er-lying edge of this property is a bulkhead in very good condition and at' leas~ 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lYing edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to %he best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition 9f : FREDERICK COWAN & COMPANY, INC. : NOTICE : the Board of Appeals of the Town of Southold : TO: William J. Baxter, Jr. Stanley G. Case 4 Windrose Way Cutchogue, N.Yo 11935 Mead Point Greenwich, Conn. 06830 ,.. ,_ YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~iak~:lL~la:10:~ll~:~ll:l:~:~:l~l~l~::~ltUlef~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: School House Road.. between Grilling Street and North Street Cutchogue, New york 11935 3. That the property which is the subject of such Petition is located in the following zoning district: B-1 4. That by such Petition, the undersigned will request the following relief: A variance to use the premises for the designing and fabricating of equipment. 5. That the provisions of the Southold Town Zoning Code applicable tc~ the relief sought by the under- signed are: Article VII 100-70 A ~ B 6. That within five days from the date hereof,'~' Written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. . Dated: 'February 10, 1981 FREDERICK COWAN & COMPANY, INC. Petitioner Post Office Address 120 Terminal Drive Plainview, N. Y. 11803 NAME PROOF OF MAILING OF NOTICF ADDRESS William J. Baxter, Jr. 4 Windrose Way, Mead Point Greenwich, Conn.'06830 .... Stanley G. Case Cutchogue, N.Y. 11935 P19_. 5!3813 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PR0Vl0E0-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO Stamley O. Case STREET AND NO. P.O., STATE AND ZIP CODE Cutchogue, NY 11935 POSTAGE ~, / ~' SPECIAL DELIVERY  RESTRICTED DELIVERY ~ ~ ~.~ SHOW T0 WHOM, DATE, ~ ~ ANDADDRESSOF ~ _ DELIVERY ~, ~ ; ~ SHOW]0WHOMANDDATE  ~ DELIVEREDWITH RESTRICTE£ ~ ~ DELIVERY ~ ~ SHOW TO WHQM~ .[~ATE AND ADDRESS OF DEt, I'V~JER~WI~TH RESTRICTED DE LIVERY" "~'/~. TOTAL POSTA~ AND FEES iS  r~POSTMARK ~[LDA~'EL: ~,~ -, : STATE OF NEW YORK ) COUNTYOFSUIFOLK). i ' ss.: Ja~ W, Flatley P19 ,-3,&! 38!4 RECEIPT FOR CERTIFIED MAIL NO INSURANCE C0VERAOE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) ~[Tt°liam J. Baxter, Jr ?REET AND NO. Windrose Wa~MeadPt  O. STATE ANDZIR CODE ree~wlch, Conn. 06830 POSTAGE $ I ! ~- CERTIFIED FEE ~ ~ ¢ ~ SPECIAL DELIVERY ¢ RESTRICTED DELIVERY ¢ ~ ~ SHOW TO WHOM, DATE, ¢~~. ANDADDR.~SSOF ¢ ~ _ DELIVERY ~ ~ SHOW TO WHOM AND DATE ~ -  :~ DELIVERED WiTH RESTRICTED ¢ DELIVERY  SHOWTOWHOM, DATE AND ADDRESS OF DELIVERY WITH ¢ R E ST R I CT E~.[L'~gF~ TOTAL POSTAC~.I~ , residingat Mattituck, New York , being duly sworn, deposes and says that on the llth day of February ,19 81 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of' the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cutchog;ue ; that said Notices were mailed to each of said persons by (certified) (:l~:tegat~ mail. Sworn to before me this llth day of F~¥~~~ RICHARD J. CRON ~ Public, State of New York NO. 52-5861280. Suffolk County ~ z ~Jane W. Flatlev,/' ~, ~ 04 Z ;/"