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HomeMy WebLinkAbout3329555 Westphalia Ave. Matt. NY ¢33285F o~ BRI D'EN MAC~_I NE._CORP. 2 ~3_2_9_ ~5 , Special exception to establish machine shop~¢~ wi%h- i rrs~l=~fc-t-e'n't-%i d-e-'-ancb r'e~ 'y-a~rcf setba-cks.; Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3329 Application Dated Januar3 29, ]985 TO: Mr. Alfred E. Boufford, President Briden Machine Corporation Westphalia Road, Box 881 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on MaN 23, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280~a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article VIII, Section ]00-8] [ ] Request for Application of BRIDEN MACHINE CORP., Box 881, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule for permission to construct machine shop building with insufficient side and rear yard setbacks at 555 Westphalia Avenue, Mattituck, NY; County Tax Map District 1000, Section 141, Block 03, Lot 35. WHEREAS, a public hearing was held and concluded in the Matter of the Application of BRIDEN MACHINE CORPORATION on March 28, 1985, and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding and area, WHEREAS, the board has considered all testimony and documentation entered into the record in this matter, and WHEREAS, the board made the following findings of fact: 1. The property in question is located in a "C-Light" Indus- trial Zoning District as adopted by resolution of the Town Board on November 15, 1983, and contains a total area of 34,450± sq. ft. with frontage of 156.75 feet along Westphalia Avenue; 2. The subject premises is identified as District 1000, Section 141, Block 3, Lot 35 on the Suffolk County Tax Maps and is improved with one concrete block building set back 1.4± feet from its front property line along Westphalia Avenue and 28+ feet at its nearest point from the easterly (side) property line. 3. By this application, appellant requests relief from Article VIII, Sections 100-81 and lO0-80(B)[1] for permission to construct an 80' by 180' building for industrial use with an insufficient setback: (a) from the most south-easterly property line at its nearest point eight feet; (b) from the most south- westerly property line along land now of Penny, five feet; (c) from the property line along the southerly side of land now of Ruland, 10 feet. 4. The subject premises is of a very unique character being an "L"-shaped parcel and therefore lends itself to the {CONTINUED ON pAGE TWO) DATED: May 30, 19~. CHAIRMAN, SOUTHOLD TOW/~ ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81 Page 2 Appeal No. 3329 - BRIDEN MACHINE CORP. Decision Rendered May 2, 1985 practical difficulties warranted in the granting of this application. 5. For the record it is noted that the Planning Board on April l, 1985 has reviewed the site plan in question and submitted its recommendations as noted in its letter dated April 4, 1985; 6. It is also noted Exception has simultaneously under Application No. 3328 p Article VIII, Section 100-80 that an application for a Special been filed with this variance request ursuant to the requirements of (B)[1]. In considering this application, the board has determined that the relief as requested be granted since: (a) the relief requested will not adversely affect adjoining properties; (b) the character and shape of the subject premises warrant the granting of the relief requested since a majority of the property would be practically unbuildable if required to meet all of the setbacks in this zoning district; (c) the circumstances are unique; (d) in view of the manner in which the difficulties arose, the interests of justice will be served by allowing the relief as noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that a variance be granted under Appeal No. 3329 in the Matter of the Application of BRIDEN MACHINE CORP., for permission to construct one-story building for industrial use (reduced in size to conform) SUBJECT TO THE FOLLOWING CONDITIONS: 1. Minimum 15' rearyard setback from the southerly property line (abutting Penny); 2. Minimum 23' setback from the most easterly property line (abutting LIRR); 3. Minimum 23' setback as proposed from the northwesterly side line (abutting land of Boufford (1000-141-3-36). Location of Property: 555 Westphalia Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-141-03-035. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 1 k RECEIVMD AND FILED BY T~rlg SOUTHOLD TO%VN CLEilK I~, May 30, 1985 ~ ~,~ ..... . ..... ~.: ,. ..... " COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals LEE it, KC)PPE:LM AINI June 10, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which hage been referred to the Suffolk County Planning Commission are considered to be a m&tter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ~cant Municipal File Number Briden Machine Corp. Br~den ~tach~ne Corp. Andrew & Ida Pitre 3328 3329 3351 GGN:jk Very truly yours, Lee E. Koppelman Director of ~ Plannmng by Gerald G. Newm~------ Chief Planner Southold Town Board o£ Apl eal MAIN RF1AD- ~TATI~ RFIAD 25 SI~UTH[]LD. L.I.. N.Y, 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIIZ of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XXX Variance from the Zoning Code, Articte 3~_~III Section 100-81 Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 3329 Applicant: BRIDEN MACHINE CORP. Location of Affected Land: 555 Westphalia Ave° County Tax Map Item No.: 1000- 141-03-35 Within 500 feet of: -- Town or Village Boundary Line __Body of Water (Bay, Sound or Estuary) ~[XX State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land __Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or __ Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to eon~r~t m~h~n~ shop building wi~%~ insufficient side and rear yard setbacks Copies of Town file and related documents enclosed herewith for your review. Dated: ~/~01 ~ Secretary, Board o'f Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 119'71 TELEPHONE (516) 765-1809 May 31, 1985~ Mr. Alfred E. Boufford, President Briden Machine Corporation Westphalia Road, Box 881 Mattituck, NY 11952 Re: Appeal Nos. 3328 a .~329~ Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your applications. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may bp applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Copy of Decisio~ to Secretary Building Department Planning Board Suffolk County Planning Commission Kowalski / '% / / / ./ .' IL July 20, 1983 Re~on%ng,Bo~rd-~own-of~Soluthold Southold, New York Gentlemen: I wish to inform you that I am all in favor of Mr. Bouffar request to rezone the Northville property adjacent to me as: in fact welcome him as my neighbor. I feel he will do muc}~ to improve the appearance of the property and the area as he has done with the property on the other side. I have absolutely no objection to the rezoning. Sincerely, Mr. W. Ruland P~ ATNN I~TB:O ~RD T O,W.~t OF' sou~,~O~LD S U.FFOJ_,K-3~. O!41,~TY $outhold, N.Y. 11071 (510) 785-1038 April 4v 1985 Mr. Alfred E. Bouffard Maple Lane, PoO. Box 802 Mattitick, NY. 11952 Re: Site Plan for Briden Machine located at Mattituck Dear Mr. Bouffard: The following action was taken by the Southold Town Planning Board, Monday, April 1, 1985. RooOLVnD that the Southold Town Planning Board is in favor of the layout of the site plan for Alfred Bouffard to be known as "BridenMachine" with the following recommendations. 1. That the roof drainage be piped to dry wells in the parking area and 2. That consideration be given to additional landscaping along Westphalia Avenue. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLA~.$NING BOARD By Diane M. Schultze, Secretary cc: Zoning Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS March 28, 1985 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI Notice of Determination of Non-Si~nificanc~ APPEAL NO.: #3328 & #3329 PROJECT NAiV~E: Briden Machine Corp. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Envirornnental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: DESCRIPTION OF ACTION: shop, with insufficient side [ ] Type II [X] Unlisted [ ] Special' exception to establish machine and rear yard setbacks. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 555 Westphalia Ave. Mattituck, NY County Tax Map #1000-141-03-35 REASON(S) SUPPORTING THIS DETEP~INATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not ]0cared within 300' of tidal wetlands or other critical wnvironmental area. FOR FURTHER INFOP~TION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. YOUNG & YOUNG 400 OSTHANDf H AVENUE, RIVERHL-~AD, HFW YOHK ALDEN W. YOUNG 3~RVEY FOR: ~F~D ~ ~OUFF~D = 4 0 ' DEC, 26 198J M4TTITUCK I+OWN OF $OUTHOtD SUFFOLK CO., N.Y. LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Scutheld, the following public hearings will be held by the Scuthcld Town Board of Ap- peals at the Southold Town Hell, Main Road, Scuthold, NY at a Regular Meeting commencing at 7:15 p.m '~ THURSDAy, MARCH ~ 1985, and as fol- lows: 7:15 p.m. FLEET'S NECK PROPERTY OWNERS SOCIATION INC. and lAM NICOL, Cutchogue, NY for a Variance appealing New York Town Law, including Section 280-a to cancel, revoke and nul- lify the building permit issued for the erection of a dwelling upon premises known and refer. red to as 1000 East Road, Cutch- ogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28 (now of Gustave J. Wade). 7:25 p.m. GUSTAVE J~ WADE by Cron and Cron, E~qs., Main Road, Cutchogus, NY for a Variance to Article XIV, Section 100-142 as utilized for an uileg~d violation of Section 267 of New York Town Law, for reinstate- ment of building Permit #13244Z issued for the erection of a dwelling upon premises known and referred to as 1000 East Rood, Cutchogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28~ 7:35 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, NY for a Special Ex- ception to the Zoning Ordinance, Article VIH, Section 100-80 for permission to establish and use industrial building as a machine shop in this '~3-Light Industrial" Zoning District, parcel identified as County Tax Map District 1000, Section 141, Block 03, Lot 35; 555 Westphalia Avenue, Mattituck, NY. '~:40 p.m. BRIDE; [ MACHINE CORP., Box 881, ~Mattituck, NY for a Variance to ]the Zoning Ordinance, Article [VHI, Section 100-81, Bulk ~ Schedule for permission to con~ [ struct machine shop building ~with insufficient side and rear ~ard setbacks at 555 Westphalia ~venue, Mattituck, NY; County ~fax Map District 1000, Section /141, Block 03, Lot 35. ~ 7:50 p.m. HELYNN D. KAPP, 238 S. Water Street, Greenwich, CT 06830, for ~ ri- ance to the Zoning Or& .ce, Article HI, Section 100-31, Bulk Schedule for permi~ion to con- struct new one.family dwelling with insufficient sideyard sot- backs and in exces~ of the maximum permitted 20% lot coverage requirement, at pram- ises known as 1305 Third Street, New Suffolk, NY; County T~x Map District 1000, Section 117, Block 07, Lot 11. 7:55 p.m. LYNN SCIORA by G. Strang, Box 1412, Scuthold, NY for a Special Except/on to the Zoning Ordinance, Article VIH, Section 100-80(B) for permi~ion to reinstate business as a de- licate~en to include on-site eat- ing and drinking sorvic~ in this "C-Light Imiustrial" Zon!-g Di~- trict known as 67680 Main Road (a/k/a 180 Kerwin Boulevard), Greenpert, NY; County Tax Map District 1000, Section 53, Black 02, Lot 21. 8:00 p.m. SAUL MILLMAN, 435 Highwood Road, Scutheld, NY for a Variance to the Zoning 100-30 and 100-31, for permis- sion to establish two-family dwelling use on a parcel of land in area and le~ than 175 feet of lot width known as 3930 Horton -- Lane, Southold, NY; County Tax Block 7, Lot 23.7. 8:10 p.m. SAUL MII.LII~AN, 435 Highwood Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article IH, Section 100-30(B) for permission to establish two-family dwelling use on a parcel of land of inzuffi- cient area and lot width known as 3930 Herren Lane, Southold, NY; County Tax Map District 1000, //Ioction 54, Block 7, Lot 23~7. The Board of Appeah will at said time and place hear all per- sons interested in the above mat- tars. Written ~omments may ~lso be submitted prior to or during the sul~ect h~aring. Dated: March 7, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. C-,OEHRINGER CHAIRMAN By Linda Kowelski, Secretary (516) 765-1809 (alt. 1802) 1TM21-4838 of GreenporL in !uly sworn, says that ha/she is IE SUFFOLK TIMES, a Weekly ed at GreanporL in the Town of S~ffolk and State of New Iotice of which the annexed is been regularly published in nce each week fOroN~ commencing on the 2 ~ 19 ~5 Principal Clerk this 2 ] 19 85 ANN M. ABATE ,,~ / NOTARY PUBLIC, State of New NOTICE ~N~pm~t~t to Section 276 of the .SanthOld, the following public hearings will be held by/~he Soothold Town Board of Appeals at the Southold: ~'own Hall, Main Road, ~.SO~held NY at a Regt~r Mee~ng commencing at 7:~$ p.m~ on~ M~R,CH 28~ 198S, and as 7:1~ p.m. Ft.~'S NECK PROI~'~Y OWNERS ASSO- NICOLt Cutchogue, NY for a Varian~e.~g New York Town L~W, ~nelu~in.~ ~ection 280-a~ to cancel~ t~voke and ~ the b~ldtna ~rmit issued ,for the erection of a dwelling upo~ promises known and ~ferred ~,aa 10~0 East Road~ Cutcheg~e, NY; Tax 110~ Block 7, Lot 28 (now of Gustave J,,Wede)~ ?:~ .p.m. ~ Esqs.~ Main, Road. Cutchegue, NY for a.Va.-~ance to Article ed for an all~ged violation of Section 267,~f New York Town Law, for reinstatement of BuiMing Permit ~15244Z is- sued ~pr the erection, of a dw~iling upon pten~es known ~md ~ to as 1000 East Road. Cutehogue, NYL Tax MN~ District 1000, Section 110. aback 7, Lot 28. 7:35 P.m. ~,RIDEN ~. Box 881, Mat- fltuck~ NY f~r a .Special Exception. to ~p Zoning lish and use ~ind~trial buildin8 as n machine, shop in tb~ "C-L~gh~ Ind~$trhl, Zoning Distr~,~.pn~l identified as County Tax ~p ~ 1000, Section 141,'~lock 03, Lot 35; ~ Westphalia Avenue, Mat- tuck, NY 7:40 p~m BR1DEN MA- ~. Box 881, Matti- tuck, NY for a Yatiane~ to the Zoning OrdinanCes, ArtiCle vm, scion j00~l, Schedule for ~.rmission to construct machine,shop build. lng with insuffi~ie~ side and r~ar yat~ setbacks at Westphalia Avenue, Matfi- tuck, NY; County Tax Map District t000,~ Section 141 Block 03, Lot 35.~ . 7:S0 p.m. HEL~YNN D. KAPPt 238 S. Water Street, Greenwich, Ct 068.30, for a COUNTY OF SUFFOLK STATE OF NEW YORK 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-Watchman once each week for .................. ./ ........ weeks successively, commencing on the .......... '.~?./. ~ ..... ay o ..~-~.....~..'.'..'. · ~ .... , I:~ ..... Sworn to before me this ....... .~k../. ~ ....... day of ..... . .......... Notary Public BARBARA FORBES Notary Public, State of New York No, 4~068~ Qualified in Suffolk County Commia~ion Expires March 30, 19,'r7 Southold Town Board of Appeals MAIN ROAD- .:ITATE ROAD 25 SOUTHOLD, L.I., N.Y, 11'971 TELEPHONE (516))'65-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the Southold TOwn Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:15 p.m. on THURSDAY, MARCH 28, 1985, and as follows: 7:15 p.m. FLEET'S NECK PROPERTY OWNERS ASSOCIATION INC. and WILLIAM NICOL, Cutchogue, NY for a Variance appealing New York Town Law, including Section 280-a to cancel, revoke and nullify the building permit issued for the erection premises known and referred to as 1000 East Tax Map District 1000, Section 110, Block 7, Gustave J. Wade). of a dwelling upon Road, Cutchogue, NY; Lot 28 (now of 7:25 p.m. GUSTA~J. WADE by Cron and Cron, Esqs., Main Road, Cutchogue, NY for a Variance to Article XIV, Section 100-142 as utilized for an alleged violation of Section 267 of New York Town Law, for reinstatement of Building Permit #13244Z issued for the erection of a dwelling upon premises known and referred to as 1000 East Road, Cutchogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28. 7:35 p.m. BRIDEN MACHINE CORP.~ Box 881, Mattituck, NY for a Special E,~ception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to establish and use industrial building as a machine,shop in this "C-Light Industrial" Zoning District, parcel identifie~ as County Tax Map District 1000, Section i41, Block 03, Lot 35; 555 Westphalia Avenue, Mattituck, NY. 7:40 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, NY for \ Variance to the Zoning Ordinance, Article VIII, Section lO0-81, Bulk Schedule for permission to construct machine shop building '~ with insufficient side and rear yard setbacks at 555 Westphalia ~ Avenue, Mattituck NY' County Tax Map District lO00 Section 141 ? Block 03, Lot 35. 7:50 p.m. HELYNN D. KAPP, 238 S. Water Street, Greenwich, CT 06830, for a Variance to the Zoning Ordinance, Article III, Section I00-31, Bulk Schedule for permission to construct new one-family dwelling with insufficient sideyard setbacks and in excess of the maximum permitted 20% lot coverage requirement, at premises known as 1305 Third Street, New Suffolk, NY; County Tax Map District 1000, Section ll7, Block 07, Lot II. 7:55 p.m. LYNN SCIORA by G. Strang, Box 1412, Southold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to reinstate business as a delicatessen to include on-site eating and drinking services in this "C-Light Industrial" Zoning District known as 67680 Main Road (a/k/a 180 Kerwin Boulevard), Greenport, NY; County Tax Map District 1000, Section 53, Block 02, Lot 21. 8:00 p.m. SAUL MILLMAN, 435 Highwood Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permission to establish two-family dwelling use on a parcel of land containing less than four acres in area and less than 175 feet of lot width known as 3930 Horton Lane, Southold, NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. 8:10 p.m. SAUL MILLMAN, 435 Highwood Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article III, Section IO0-30(B) for permission to establish two-family dwelling use on a parcel of land of insufficient area and lot width known as 3930 Horton Lane, Southold, NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. The Board of Appeals will at said time and place hear all persons i,~terested in the above matters. Written comments may also be submitted prior to or during the subject hearing. Dated: M~rch 7, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructions to newspapers: Please publish once, to wit: THURSDAY, MARCH 21, 1985 and forward eight affidavits of publication to: 'Board of Appeals, Main Road, Southold, NY 11971, by March 26th. Thank you. Copies 3/19/85 to: Richard J. Cron, Esq. as attorney for G. Mr. Gustave Wade Mr. William Nicol, Fleets Neck Property Anthony Nowachek, Esq. Briden Machine Corp. Mrs. Helynn D. Kapp Garrett.Strang for L. Sciora Saul Millman Suffolk Times Personally L.I. Traveler-Watchman Town Clerk Bulletin Board ZBA Bulletin Board Supervisor and Town Members Building Inspector Wade Owners Association delivered Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1197~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS M~rch 7, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q . R . A . SERGE DOYEN, JR. ROBERT 3. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWIOKI Notice of Determination of Non-Significance APPEAL NO.: 3328_& 3329 _ __ PROJECT NAME: BRIDEN MACHINE C~R~P. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ~] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION: Special exceptio~ to,establish m~chine shop, with insufficient side & rear y~rd setbacks. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 555 Westphali~ Ave~, M~ttituck, NY County Tax M~p 91000-1~1-03-35 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The proDerty in ~uestion is not located ~ithin 300~feet of tidal wetlands or other critical environmentml ~re~. (3) The relief requested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of AppealS,.Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. JUDITH T. TERRY TOWN CLERK REGISTRAROI VITAL$IAI[SII£TS OFFICEOFTHETOWNCLERK TOWN OF SOUTHOLD January 29, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3329 application of Briden Machine Corporgtion for a variance. Also included is Notice ot Adjacent Property Owner; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; letter relative to N.Y.S. Tidal Wetlands Land-Use; survey; and proposed plot plan. Southold Town~sClerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3B DATE ..,1..,~../..8...5. ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)B~.~.a..e.n...~.a...q.h...~.n.e...,C.,o.~..o.~..a.~..~.g..R....of ...W..e...s.~2..h...a..%.~...a....~.o...a.~...~.o...x.....8..8...Z ................... Nome of Appellant Street end Number ............. .M...a..t..t...i..t..,u.c..k..,. ........................................................... ..N.,......Y..: ............. HEREBY APPEAL TO Municipolity Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ,.w. ~..s..t. ~..h..a., .Z..i., .a.,, ~..o..a..c~. ................. ~.a..~ ~.~..t...u..c..k.. ................ .~ .e...w.., ~..o..r., .k. .................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Industrial building for machine shop 1. LOCATION OF THE PROPERTY .5.~.5.....W..e.D..t.~..h..a...1. i...a....A...v.,e...n..u..e. .................................................. Street and Hamlet Zone 141-03 035 OWNER(S) :B~i~D~.~oc~i~e.~arpD~a¢ion Mop No. Lot No. DATE PURCHASED: .~ ................ 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 VIII, Section 100-81 3. TYPE OF APPEAL Appeal is made herewith for (,¥) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (,~ A Variance to the Zoning Ordinance ( ) is requested for the reason that we would to use as a machine shop. like to build an industrial building Fo]~n Z]]l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because we would be unable to build industrial building that we purchased the property for. 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 of the odd shape of the property. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C~IARACTER OF THE DISTRICT because we would improve the appearance of the neighborhood and remove existing structures and hide some others on adjoining property. STATE OF NEW YORK ) ) ss COUNTY OF~ ) Sworn to this ~?0~(Z~ day of ...... .................. .... Notary Public TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE 1/18/85 Name of Appellont Streetand Number Mattituok, N. T N. Y. ......................................................................................................................... HEREBY APPEAL TO Municipality S~te THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Name of Applicant for permit of ..,..,...,. ................. ................ .................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Industrial building for machine shop 1. LOCATION OF THE PROPERTY 555 Westphalia Avenue Street and Hamlet Zone 141-03 035 OWNER (S): Map No. Lot No. DATE PURCHASED' 1984 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 VIII, Section 100-81 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been 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 ................................. Doted ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that we would like to use as a machine shop. to build an in6ustrial building (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because we would be unab:le t-o hu£1d ~ndustr~al building tha~ we purchased t-he property for. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property end in this use district because of t. hs odd sh&pa of ~ha propart-yo 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE Cf~RACTER OF THE DISTRICT because ve would ~mprova t-he appa&ranoe of t-he neighborhood &nd remove existing struct-uros and h~da some others on ad~oinln~ property. STATE OF NEW YORK ) ) ss COUNTY OF ~ ) Sworn to this .................. .~...~.....~,. ................. day of ........ ~ .............................. 19~$~' Notary Public o 4707~o, S.fffoik Coun;~ ~ Term ~ rC~ N!ar.:b 30, 19~~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of Briden Machine Corporation to the Board of Appeals of the Town of Southold TO: W. B. Ruland Westphalia Road Mattituck, N. Y. 11952 NOTICE TO ADJACENT PROPERTY OWNER 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 requesta ~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 555 Westphalia Ave. County Tax Map #1000 Sect. 141 Block 03 Lot 035 3. That the property which is the subject of such Petition is located in the following zoning district: C1 4. That by such Petition, the undersigned will request the following relief: side yard re ]ief ~ $. lhat the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article v I T I Section 1 n n- ~ ] [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a 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. (5].6) 76'5-].809. 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 ap:kCa~&~'eSe heard at such hearing. Dated: 0wners ' Names: Briden Machine Post Office Address W~tphal i a Roa~ BOX 881 ~ N. Y. 11952 Corporation NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS RECEIPT FOR CERTIFIED MAll NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) PROOFOFMA TACH CERTIFIEF STATE:OF N~_W ,,,,~r~ COUNTY OF SUFFOLK ' ' _~. JL"~'"ir"Lt_l~Jl: , being duly sworn, deposes ,,nd s-~y~ lhat on l~he ____ of _ ~,~__l'%,k,~l~.l"("~ , 19 ~c.'.~ _, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direl:ted to each of the above-named persons at the addresses set npposite 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 roil of the Town of Southold; that said Notices were mailed at the United States Post (,egistered) mail. Sworn tO before me this day of '~'"~m.L.L~r't.lJ' , 19 ~ot~rg Public ; that said Notices were mailed to e,lch of said persons hv I~)ARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Br~den Machine Corporation to the Board of Appeals of the Town of Southold TO: Long Island Railroad Sutphin Boulevar~ Mamaica, N. Y. 11435 NOTICE TO ADJACENT PROPERTY OWNER 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 ~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 555 Westphalia Ava, County Tax Ma_~ ~1000 gAe~_ 1~1 ~l~_k O2 tn~ O~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~t ~,~ ~v~,~-a ~-~,1 ,I ~,~F 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article v~ :~<:t. ic~ loo-R'l [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a 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. (516) 765-1809. 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: 1/28/85 Bri4en Machine Corporation Petitioner Owners'Names:~L~.~ P~a~,~, PostOffice Address - 0~ ' Westphalia Road Box 881 Mattituc~, N. Y. 11952 NAME ' PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS RECEIPT FO~I~ -~.~.._ _ _ NO INSURANCE COVERAGE PROVIDED- NOT FOR INTERNATIONAL MAIL (See Reverse) P.O. State and Z Special De~ive~ Fee Restr t~ Delive~ Fee .etu n R~eipt Showing to w and Date Delivered Return r~ipt showing to w~m Date, and Address of De ve~ TOTAl p~ ~9~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~x\.0L~'*~ ~L~I~-.~'; /~H beingduly sWorn, deposes and says that on the ~ day of ~-~Cl~t, a f'c,i ' , 19 ~'~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directe~d 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- registercd) mail. Sworn to before me this day of ~"Ctr~C~L~Cf ,19 Notary Public ; that said Notices were mailed to each of said persons by Commission Expires r~iarch $0, 1~)~" (This side does not have to be completed on form transmitted to adjoining property owners.) The ~;.Y,S. mission of thi made by this ~rlll, and all erivlFo[l[!lell[dl before any action 'is ta /,.C~', rC'~iJl F(~-$ SUb- iew will be SHORT EN'/IRO~,~.ENT~L A~S:.S,~ME.IT (a) In order to answer the questions in this shcr: £AF !e is assuaged that the pre.ret will u~e currently available ~fo~tion conce~!ng the proJec~ and the l~ely ~c~s of the action. I: is no: e~ec%ed %~ additional ~:udles~ Or o~her inves~iga%lon~ w~i be ~der%a~en. (b) If any question ham been answered Yes the project ~y be ~i~iflcan% and a (c) If all questions have been answered No i% is l~ely t~t this project not s~gn!ficant. (d) ~viror~ent~l Assess~en~ 1. W~I project reset in a large phy~lcsl to the projec: site or physically alter more %~%n 10 acre~ of land? . · · * · · · * · * * · Yes X No 2. Will there be a major change %o any ~lque or unusual land fo~ fo~d on the site? · · , , · , Yes X 3. W~i project alter or have a large effect on X an existing body of water? · · · , . . . . . . -- Yes No W~: pro Jet: have a po:en%lally lar&e ~ on W~i proJec~ st~ifican%ly effec~ drayage ~ 6. Wi!l project affec~ any %~ea%ened or plan% or anal species? · · · · · . · · · · · Yes X W~I pre jeer reset in a major adverse effect on W~i project have a mm Jot effect on visual acter of %he co~munity or scenic views or vistas kno~ to be ~portant to the community? · · · . Yes X 9. Will project adversely ~pact any site or st~c~ ute of historic, pre-historic, or paleontological importance or any site desl~a~ed as a critical enviro~en~l area by a local agency? · · · Yes----X No 10. W~I project have a ~Jor effec~ on exis~g or future recreational oppor~i%les? . . . Yes X No 11. Will projec~ result in ~Jor %raffle pro~le~s or cause a major effect to existing transpor~a%lon 12, Will proJec: reg~arly cause objectionable odors, noise, glare, vtbra%lon, or electrical dis%ur~ ance a~ a reset of %he proJect'o operation? · Yes X No 13. Will project have any impact on public health or l&. Will project Affec: %he axis:lng co.unity by directly caus~n~ a ~row%h in permanent %~on cf more tY, an 5 percent over a pe~lod or have a major negative effecc on charac%e~ of %ne co~.~uflit~ ~r n~Agnbornoo~?. Ye~ X No %he prOjeCt? Yes X No RZPRESSNTI~;C: Briden Machine Corpo~atmon , DATE: FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .. ~,~/.~i.~.. ? ........ PLEASE TAKE NOTICE that your application dated ... ~..,,~7~/~-//~...~..../. ~ .... for pe~it to ~T~.~ ~a~E~... ~/~. .................... at Location of Property ~-- .~.~~ ~ ...... ~~7~ ~s~ ~o~ ' ' ~tr~t Ham/et County r~x ~ap ~o. ~000 S~tion ../Y/ ...... ~o~k ...~ ~ ....... ~t ~ ...... Subdivision ................. Filed Map No. - Lot No .................. is returned herewith and disapproved on the following grounds .~..Q.....~.~.c/-~d~.~.~.z~....o/.~.~... ~ a,./,~_.-~. .... j.,:T.c.-i..'.P.~...~..~... ,~q~.,~.zd..c~..,q .¢.... ZT.-/a~..x,,. 7~. .... · .pz.~ ~ ,,~.?...~.~,...-...~p... ~,~.~.~.,.:~.... ~.c~.~?__,~.~., .... / f./c...w~.....~;~.~,.,. . .~a~.~..~.~..~.. &7.. ...2~ ....... ~.. Buxlding Inspector RV 1/80 QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, 13uilding 40, S.U.N.Y., Stony [3rook, NY 1179u,, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either (:all their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] [>I/ I ] 4. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good cor,dition [ ] the full length of the property [ ] at least 100! in length Not located within 300' of waterfrbr,t or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfro~]t area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review ~nd approval, If you are able to provide them with recent photographs of the ~rolect anO wetland areas, it would help expedite the processing of your appllca- ~tion. This questionnaire is made to explain the requirements of this State t. aw and to prevent any unnecessary delays in processing your application(si. 10/831k JUDITH T. TERRY ToWN CLERK REGISTRAR OF VITAL S'l ATISTICS OFFICE OF THE ToWN CLERK ToWN OF SOUTHOLD Town Hall, 53095 ~x! .oad P.O. Box 72 Southold, New Yo; ')71 TELEPHONlz (516) 765-180~ NEGATIVE DECLARATION NOTICE OF NO sIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: October 5, 1983 Pursuant to Article 8 of the Environmental Conservation Law Ouality Review and 6 NYCRR Part 617, Section · ~ ~ ~ eEnvir°nmental State h o 617.10 and Chapter 44 of ~he.~o~ ~ ~h~o~n ~c~ ~ · iven that the ~ou%nolu _ow , · ~ hich · s hereby g ..... ~w has determined that the pro3ec~, w nt the ction descr~ue~ u~ , . .~. ~ ~,~ ~n he environme - · a-isted will not have a slgn~can~ ........ t DEscRIPTION OF ACTION Petition of Alfred E. and Claire Bou~fard for a change of zone from "B" Light Business District to "C" Light Industrial District on certain property located on the south side of Westphalia Avenue, Mattituck, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: David DeRidder, DEC, Stony Brook Commissioner Willi,~ns, DEC, Albany Southold Town Building Department Town Clerk's Bulletin Board Alfred E. and Claire Bouffard/