Loading...
HomeMy WebLinkAbout3576Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I-.I.. N,Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPE~S Appeal No. 3576 Application Dated November 3, ]986 TO: Charles R. Cuddy, Esq. for MRS. BARBARA D. 108 East Main Street, Riverhead, NY 11901 as Attorney SCHRIEVER Box 279 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 20, ]986, 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 , Section [X] Request for Withdrawal of Appeal No. 3393 Application of BARBARA D. SCHRIEVER to withdraw Variance condi- tionally approved under Appeal No. 3393 on September 26, 1985, and to reinstate in full the 1969 Variance conditionally approved under Appeal No. 1260, permitting the use of a 5,600 sq. ft. existing building for storage and repair of contractor's machinery and equip- ment. Location of Property: West Side of Tabor Road, Orient, NY; County Tax Map District 1000, Section 18, Block 05, Lot 12. "B-Light" Business Zoning District. WHEREAS, a public hearing was held and concluded on Novem- ber 20, 1986 in the Matter of the Application of BARBARA D. SCHRIEVER under Appeal No. 3576; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a withdrawal of the conditional variance rendered by this Board under Appeal No. 3393 on September 26, 1985, in which woodworking and metal shop and artist studio, without residential use, was permitted, and automatically terminating the 1969 conditional variance rendered under Appeal No. 1260 upon a transfer or conveyance of the subject premises, or occupancy of the proposed wood- working/metal shop and artist studio uses. 2. The premises in question is situate along the west side of Tabor Road commencing at a point approximately 115 feet south of the Main Road (State Route 25) containing an area of .528 (CONTINUED ON PAGES TWO AND THREE) DATED: November 20, 1986. Fozn~ ZB4 (rev. 12/81) CHAIPJMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3576 Matter of BARBARA D. SCHRIEVER Decision Rendered November 20, 1986 acreage, lot width [frontage] along Tabor Road of 123 feet, and average lot depth of 187.24 feet. Properties to the north and west of this parcel are zoned "A-Residential and Agricultural"; property adjoining this parcel along the south property line is also zoned "B-Light" Business. Properties along the east side of Tabor Road are zoned "A-Residential and Agricultural." 3. The building as exists contains an area of 6,903 sq. ft. on the first floor and an area of 1,500± sq. ft. on the second floor. The subject building is shown on survey as amended August 27, 1985 prepared by Roderick VanTuyl, P.C. to be set back 22 feet from the front (east) property line along Tabor Road [at its closest point], 15 feet from the south property line along property now or formerly of William Schriever, and 19 feet from the north side property line. Town records show that the setback of the entire structure as exists is 50 feet from the rear (west) property line along land now or formerly of Tabor. 4. The variance conditionally approved June 12, 1969 under Appeal No. 1260 permitted the use of a 5,600 sq. ft. existing building for storage and repair of contractor's machinery and equipment. The 5,600 sq. ft. building (without addition) is more particularly shown on survey amended August 27, 1985 prepared by VanTuyl & Son (submitted with this application). Subsequent to the 1969 variance, the subject premises was rezoned by the Southold Town Board from "A-Residential and Agricultural" to "B-Light" Business. Under the "B-Light" Busi- ness zoning regulations, such use is not a permitted use. 5. The variance conditionally approved September 26, 1985 under Appeal No. 3393 permitted the use of the entire 6,903+ sq. ft. first floor area for small-scale fabricating without heavy manufacturing of machinery or equipment, a mail-order business, office areas, and manufacture of parts for portable saw mills, in conjunction with an artist studio. This variance did not permit residential use and called for the immediate termination of the 1969 use variance upon a transfer or conveyance of the property, or occupancy of the uses herein, whichever occurred first. Upon information and belief, there has been no transfer or conveyance of the subject premises. 6. It is the position of the applicant/property owner at this time to continue the use of the premises in accordance with the 1969 Variance under Appeal No. 1260, with or without a conveyance of the land, rather than allow same to be auto- matically terminated with a conveyance as stipulated by this Board's 1985 decision (Appeal No. 3393). The subject premises was never occupied for those uses permitted under Appeal No. 3393. 7. It is the understanding of this Board that the use of the premises (as conditionally permitted in 1969) has not been discontinued and has not lapsed. Since there has been no transfer or conveyance of the subject property, the use of the 5,600 sq. ft. building for storage and repair of contractor's machinery and equipment is still in full force and effect. This Board does not, however, recognize any other additional use, and hereby limits the property in question to the "storage and repair of contractor's machinery and equipment" and not in conjunction with any other use which may be compatible under the proposed or current zoning regulations (unless approval for such change or addition is obtained after formal application to this Board, or the 1969 use variance is withdrawn and terminated in its entirety). Page 3 - Appeal No. 3576 Matter of BARBARA D. SCHRIEVER Decision Rendered November 20, 1 986 8. For the record, it is noted that the proposed Master Plan under review currently depicts the subject premises to be rezoned to "B" General Business, which lists under Article X, Section lO0-101(A), "Permitted Uses," at subsection [4] "...building...contractors' businesses or yards... " Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to APPROVE the request under Appeal No. 3576 in the Matter of the Application of BARBARA D. SCHRIEVER withdrawing the variance conditionally rendered under Appeal No. 3393 September 26, 1985, and reinstating the variance conditionally approved under Appeal No. 1260 June 12, 1969, to allow the sole use of the subject 5,620 sq. ft. building for storage and repair of contractor's machinery and equipment. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHRINGER, November 25, 1986 TILE. SOUTiiOLD S :~' ~.i C:-Lilll DATE z/-~t ~f.. ~-..-,.~ Town Clerk, Town