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HomeMy WebLinkAbout3393S e Tabor . 18 O~ien~; -~--------- ..... 5 ' working and metal shops, art studio, and apart-~ · . .~ ~ · .... ,, ,, ~ment zn ex~3 ~' '~_~ildlng ~ thl-s B~l~te Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3393 Application Dated Au§uSt ]5~ ]985 TO: Charles R. Cuddy, Esq. as Attorney for MRS. BARBARA D. SCHRIEVER Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 [Appellant(s)] At a Meeting of the above on your the Zoning Board of Appeals held on September 26, ]985, appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] IX] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article VI, Section ]00-60 [ ] Request for Application of BARBARA D. SCHRIEVER for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to establish woodworking and metal shops, art studio, and apartment in existing building located in this "B-Light" Business Zoning District, at the West Side of Tabor Road, Orient, NY; County Tax Map District 1000, Section 18, Block 05, Lot 12. WHEREAS, a public hearing was held and concluded on September 12, 1985 in the Matter of the Application of BARBARA D. SCHRIEVER under Appeal No. 3393; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present uses, and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests variances to permit: (a) a woodworking and metal shop, (b) an artist studio; (c) a single-family residential unit [apartment] on the second floor of an existing building located in a "B-Light" Business Zoning Dis- trict. 2. The premises in question is situate along the west side of Tabor Road commencing at a point approximately 115 feet south of the Main Road (S.R. 25) containing an area of .528 acreage, lot width and frontage along Tabor Road of 123 feet, and average depth of 187.24 feet. Properties to the north and west of this parcel are zoned "A-Residential and Agricultural"; property adjoining this parcel along the south property line are also zoned "B-Light" Business. Properties along the east side of Tabor Road are zoned "A-Residential and Agricultural." (CONTINUED ON PAGE TWO) DATED: Form ZB4 October l, 1985. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3393 Matter of BARBARA D. SCHRIEVER Decision Rendered September 26, 1985 3. The building in question as exists contains an area of 6,903 sq. ft. on the first floor and an area of 1,500± sq. ft. on the second floor. The subject building is shown on the survey as amended August 27, 1985 prepared by Roderick VanTuyl, P.C., to be set back 22 feet from the front (easterly) property line along Tabor Road, 15 feet from the southerly side property line along property now or formerly of William Schriever, and 19 feet from the northerly side property line. The plot plan submitted for the record indicates a setback of 56 feet from the rear (westerly) property line along land now or formerly of Tabor. 4. The activities of the woodworking and metal shops are proposed by this application to be limited to small-scale fabricating without heavy manufacturing of machinery or equipment, a mail-order business, office areas, and manufacture of parts for portable saw mills (see brochures on the "Sperber" portable sawmill submitted for the record). 5. The artist studio is proposed to be established at the westerly section of the building containing 1,400± sq. ft. of first floor area (50' x 28' recent addition). 6. For the record, it is also noted that a conditional variance was granted under Appeal No. 1260 on June 12, 1969 per- mitting the use of a 5,600 sq. ft. building for storage and repair of contractor's machinery and equipment. Subsequently, this parcel was re-zoned from "A-Residential and Agricultural" to "B-Light" Business in or about 1971. 7. It is further noted that as of this date: (a) the site plan for this project is pending review and action by the Planning Board, and (b) the proposed Master Plan presently under review by the Town Board depicts the subject property to be re-zoned to "B-l" as re-defined therein, for which these requested business uses are compatible, and which prohibits residential use. 8. After investigation and in considering all the facts concerning the use of this property and existing building, the board agrees that the business uses requested by this application are more feasible; however, the information submitted is not sufficient to warrant a granting of a variance for the residential use on the second floor. In considering this appeal, the board finds and determines that: (a) the business uses as proposed is consistent with and will promote the general purposes of the zoning code and maps [and the Master Plan amendments as proposed]; (b) the circum- stances are unique; (c) the business uses applied for will not alter the essential character of the neighborhood; (d) the busi- ness uses applied for will not prevent the orderly and reasonable use of this district or adjacent use districts; (e) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed business use and its location; (f) the interests of justice will be served by allowing the variance for the business uses requested, and by denying the variance for the residential-apartment use, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that a Variance for permission to establish wood- working and metal shops and artist studio, without residential use, BE AND HEREBY IS GRANTED under Appeal No. 3393 in the Matter Page 3 - Appeal No. 3393 Matter of BARBARA D, SCHRIEVER Decision Rendered September 26, 1 985 of the Application of BARBARA D. SCHRIEVER, SUBJECT TO THE FOLLOW- ING CONDITIONS: I. Any and all future additions, extensions of building(s) requires formal application to the for consideration and review; or construction Board of Appeals 2. This variance shall be limited to those business uses as requested and outlined in these findings, supra, and does not allow residential use; 3. The previous variance granted under Appeal No. 1260 June 12, 1969, for storage and repair of contractor's machinery and equipment, shall immediately become null and void upon: (a) the transfer or conveyance of the premises; and/or (b) the date of effectuation of this variance, which shall occur first; 4. No materials, sand, gravel or otherwise, including equipment, shall be permitted to be stored outside; all materials and equipment must be contained within the building; 5. Minimum of nine (9) parking spaces [10' by 20' each]; 6. Plantings/screening shall be placed along the south property line (in addition to the existing screening along the north and west lines), and all plantings along the north, west and south lines shall be continuously maintained at all times; 7. Any change of use to a use other than as granted by this application, either more or less restrictive, or whether it be "B-Light," "B-I" or any use compatible under the proposed Master Plan zoning amendments, or the current zoning regulations, will require a new site plan application to and review by the Southold Town Planning Board for additional on-site parking and site plan approvals (as well as the Board of Appeals if same is deemed necessary). 8. Site plan final approval by the Southold Town Planning Board for this project; 9. Referral to the Suffolk County Planning Commission in accordance with Sections 1323, et seq. of the Suffolk County Charter. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent.) This resolu- tion was adopted by a unanimous vote of a quorum of the members. lk RECEIVED AND FILED BY TH~ SOUTHOLD TOWN Cr.~.RK T k, Town of Southold .,'GERARD P. GOEH~K~INGER/~CHAIRMAN ," October l, 1985 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 Ri'tAD- STATE RnAD 25 SmUTHI~LD, L.I., N.Y. TELEPHONE (516) 765-1809 September 9, 1986 Charles R. Cuddy, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3393 Barbara D. Schriever (Variance) Dear Mr. Cuddy: In response to your August 25, 1986 letter, please be advised as follows. Since you have confirmed that Mr. and Mrs. Schriever do not intend to use the new variance rendered under the above appeal on September 26, 1985, it is the board's position that the 1969 variance under Appeal No. 1260 is still in effect. It should be understood, however, that any change of use, or added use, in conjunction with the uses permitted under the 1969 variance, will require an application to and action by the Board of Appeals, whether or not such additions or amendments are compatible with the zoning ordinance. Transfer or conveyance of the premises would, however, nullify the 1969 variance as described by Condition No. 2, unless additional steps were taken. We are not authorized to withdraw, amend or act in any manner without formal application, proper notice, public hearing, etc. In light of the above circumstances, we would welcome a formal application to withdraw the 1985 use variance in its entirety if a transfer or conveyance of the premises is contemplated. lk Yours very truly, GERARD P. GOEHRI~NGER ~' ~ CHAIRMAN William W. E$seKs Marcia Z. HEpTER CHARLES R. CUDdY STEPHEN I:~. ANGEL ESS£K$, HefTeR, CUDDY <~ ANgel COUNSELORS AT LAW JO8 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901 (516) 369 1700 TELEX EHCA 68523t8 UW Aucust 25, 1986 WATER MiLL OffiCE MONTAUK HIGHWAY P. O. Sox 57o WATER MILL, N.Y. 11976 (516) 726-6633 !~r. Gerard P. Goehrinqer Board of Appeals Main Road Southold, New York tle: z:ppea] of ,,artar.~ D. Schriever Oear Mr. " ' ' As you will recall we reoresented Barbara Schriever and her husband, william Schriever in connection with a variance request for prouert¥ located on the west side of Tabor Road in Orient. By your decision of September, 1985, you granted part of the variance request and conditioned the variance upon commencement of the use for which the request was made. This J.s to confirm that ~r. and ~rs. Schriever have no intention of using the new variance and the parties for whom the variance was sought are no longer interested in purchasing the Schriever property. Therefore, we request that you confirm that the new variance is not in effect and that the variance granted in 1969 Js still i~ effect. Thank you for your attention to this matter. CiiC/ec cc: ?4r. and Mrs. w. Schriever Veery ~ruly yours, Charles R. Cudd~u~] APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- 8TATE ROAD 25 SOUTHOLO, L.I., N.Y, 119'71 TELEPHONE (516) 765-1809 April 8, 1986 Charles R. Cuddy, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3467 - Barbara D. Schriever (Rehearing Request) Dear Mr. Cuddy: This letter will confirm that the Zoning Board members, at our Regular Meeting held on April 3, 1986, would not offer a motion to rehear the Matter of Barbara D. Schriever as requested by application dated February 20, 1986 under File No. 3467. It was the consensus of the board members accordingly that a rehearing could not be held. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk CC: Abigail Ao Wickham, Esq. ZBA March 13, 1986 Page 16. MR. CUDDY: We appreciate the opportunity to come back. I re- present the owner of the property, Barbara Schriever. It has an extended zoning history, as many of you know, starting in 1969. Recently, it has had rather an intense history. Here in September, the board granted 2/3 of our application. Our application was to convert the existing barn building to permit 3 uses. Two on the lower floor, which was an artist studio and a machine shop. And on the upper floor, we wanted to have a residence. That you denied. It has been somewhat of a long road to get back but we went to the Town Board and they permitted us to come back, so that we might ask you to rehear this matter, once again. The reason that we would like you to rehear it is that because we are not sure that we understood the significance of the apartment use, in relation to the uses on the bottom floor. The apartment is to be used by the owner of the building. The follow is going to run the machine shop and his wife the artist studio. It is going to be used solely in conjunction with those uses. These people are the only ones who are going to be there, so it is not going to be a rented out type of thing. I would like to point out to you that in Orient, as I understand it, nearby there are at least 2, 3 or 4 uses that are ---a grocery store, filling station, Idle Hour, and all of those places are very similar in nature in the sense that they have apartment or residence use attached to a business. I think you also may have overlooked the fact that in the business district, you can have a multiple dwelling type use. You can have a tourist type home or a boarding home. We could have taken the entire barn area and converted it to residential use that would be out of character with the area, but that is permitted by zoning. I would ask you to reconsider and to allow apartment use. I live in the town and I have seen a number of applications and I know this building quite well. So, I ask the board on the basis of what I have communicated to you to rehear and reconsider this ap- plication. CHAIRMAN GOEHRINGER: Thank you Mr. Cuddy. Gail, is there anything you would like to say. G. WICKHAM: Ail I can add is that my client is personally not in a position where they can buy this property and upgrade if they can't live there. I am not too sure that this point was clear. CHAIRMAN GOEHRINGER: Thank you and we will take your thoughts into consideration. We will get back to you. Thank you. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPIELMAN October 10, 1985 Town of Southold Board of Appeals Applicant: Barbara Schriever Mun. File No.: 3393 S.C.P.D. File No.: SD-85-16 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced ap~licat£on which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: The contemplated residence use appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 11788 Town Board Town of Southold Town Hall Southold, New York ESSEKS, HEFTER, CUDDY & ANGEL COUNSELORS AT LAW ~:~IVE Rh EAD, N.Y. October 30, 1985 P. O. Box S70 WATER M~ll, N.Y. 11976 (516) 726-6633 11971 Dear Board Members: We represent Barbara D. Schriever who owns a parcel of land on the west side of Tabor Road at Orient. The property is in the B-Light Business District and was recently the subject of an application to the Zoning Board of Appeals. %~e request that you consider this letter as an application to waive the moratorium restriction imposed by local law ~14 of 19~5 so that Mrs. Schriever may reappear before the Zoning Board of Appeals with respect to this property. For a number of years the building at the Schriever parcel housed the heavy equipment and construction business operated by William Schriever. That use was the result of a 1969 variance granted by the Board of Appeals. Subsequently, the property was included in the B-Light Business District. In August 1985, Mrs. Schriever applied to the Zoning Board of Appeals to amend the existing variance to permit use of one-half of the first floor of the building as a machine shop and the other half as an artist's studio. The second story was to be used as a residence. The proposed uses would significantly upzone the property from the present industrial type use. Under date of September 26, 1985, the Board of Appeals granted the application for the business uses on the first floor noting that this was consonant with the Master Plan which proposed that the property be zoned B-1. However, the Board denied use of the second floor for residential purposes. For your records we enclose a copy of the Board's decision. Not all members of the Board were present when the application was voted on and it appears that the Board failed to note that the surrounding area is virtually all residential and is zoned agriculteral-residential. It also appears that the Board was not entirely aware that the proposed residential use by the prospective purchasers of the property was interrelated to the business use. Moreover, the Board's decision was not entirely clear as to when the variance became effective. Town Board Page -2- October 30, 1985 We believe the Board will entertain an application for a rehearing. However, because of the moratorium affecting business properties, this matter may not be reheard by the Zoning Board of Appeals without the Town Board's approval nor may the applicants secure site plan approval or obtain issuance of a building permit. Based on the foregoing, we respectfully request that this Board grant a waiver to permit this t, atter to be reconsidered by the Zoning Board of Appeals. Very truly yours, CRC/ec cc: Chairman Zoning Board of Appeals cc: Abigail Wickham, Esq. cc: Mr. and Mrs. William Schriever Charles R. Cuddy APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: FROM: DATE: SUBJECT: Southold Town Board o£Appeals MAIN ROAD- STATE ROAD ~5 BOIJTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 Judith T. Terry, Town Clerk Board of Appeals~) November 13, 1985 Your Recent Request - Moratorium-Related Applications Property ID: 1000-18-5-12 (Barbara D. Schriever) In response to your request, please find attached copies of our file under Appeal No. 3393 (exclusive of public notices), a copy of the verbatim transcript of the September 12, 1985 hearing, and a copy of the 6/12/69 Z.B.A. decision under Appeal No. 1260. Please note that the September 26, 1985 decision was in three parts: (a) a woodworking and metal shop [conditionally approved]; (b) an artist studio [conditionally approved]; (c) an apartment on the second floor [denied]. lk JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 13, 1985 To: Southold Town Planning Board Southold Town Zoning Board of Appeals Southold Town Building Department~-'" From: Judith T. Terry, Town Clerk Re: Request for Waiver - Barbara D. Schriever Please submit all pertinent data in your files pertaining to the waiver request of Charles R. Cuddy, Esq., on behalf of Barbara D. Schriever, for property located on the west side of Tabor Road at Orient. Attachment RECEIVED ft0V lg85 EsseKs, HEfter, CUDDY & ANgeL COUNSELORS AT LAW October 30, 1985 P. O. Box 570 WATER MILL, N,Y. 11976 {5~6) 726-6633 Clem ~Iown Board Town of Southold Town Hall Southold, New York 11971 Dear Board Members: ~e represent Barbara D. Hchriever who owns a parcel of land on the west side of Tabor Road at Orient. The property is in the B-Light Business District and was recently the subject of an application to the Zoning Board of Ap]heals. %~e request that you consider this letter as an application to waive the moratorium restriction imposed by local law ~14 of 1985 so that Mrs. Schriever may reappear before the Zoning Board of Appeals with respect to this property. For a number of years the building at the Schriever parcel housed the heavy equipment and construct]on bus]ness operated by William Bchriever. That use was the result of a 1969 variance granted by the Board of Appeals. Subsequently, the property was included in the B-Light Business District. In August 1985, Mrs. Schriever applied to the Zoning Board of Appeals to amend the existing variance to permit use of one-half of the first floor of the building as a machine shop and the other half as an artist's studio. The second story was to be used as a residence. The proposed uses would significantly upzone the property from the present industrial type use. Under date of Beptember 26, 1985, the Board of Appeals granted the application for the business uses on the first floor noting that this was consonant with the Master Plan which proposed that the property be zoned B-1. However, the Board denied use of the second floor for residential purposes. For your records we enclose a copy of the Board's decision. Not all members of the Board were present when the application was voted on and it appears that the Board failed to note that the surrounding area is ~-virtually all residential and is zoned agricultural-residential. It also appears that the Board was not entirely aware that the proposed residential use by the prospective purchasers of the property was interrelated to the business use. Moreover, the Board's decision was not entirely clear as to when the variance became effective. Town Board Page -2- October 30, 1985 We believe the Board will entertain an application for a rehearing. However, because of the moratorium affecting business properties, this matter may not be reheard by the Zoning Board of Appeals without the Town Board's approval nor may the applicants secure site plan approval or obtain issuance of a building permit. Based on the foregoing, we respectfully request that this Board grant a waiver to permit this ,hatter to be reconsidered by the Zoning Board of Appeals. Very truly yours, CRC/ec cc: Chairman Zoning Board of Appeals cc: Abigail Wickham, Esq. cc: Mr. and Mrs. William Schriever Charles R. Cuddy Southold Town Board of Appeals MAIN ROAD-STATE ROAD ~B5 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI October ll, 1985 Charles R. Cuddy, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3393 - Barbara D. Schriever Dear Mr. Cuddy: For your information and file, we are transmitting a copy of the recent response from the Suffolk County Planning Commission in the above matter. Yours very truly, Enclosure GERARD P. GOEHRINGER I.RMAN . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 2.~ 5OUTHOLD, L.I., N.Y, 11c.:J'71 TELEPHONE (516} 765-1809 October 4, 1985 Charles R. Cuddy, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY ll901 Re: Appeal No. 3393 - Barbara D. Schriever Dear Mr-. Cuddy: In response to your inquiry today through our secretary, please be advised that we are unable to proceed further in any manner in the above matter due to the restrictions of Local Law #14-1985 for this business zoning district. We have enclosed a copy of this local law for your convenience. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski LOCAL LAW NO. 14 , 1985 A Local Law to provide for a Moratorium in certain zoning use Distrigts BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended by adding thereto a new Article, to be Article XVI, to read as follows: ARTICLE XVI MO RATOR I UM Section 100 - 160 Findi, ngs and Purpose (1 .) (2,) (3.) (4.) (5.) In November of 1982, the Town Board authorized the Southold Town Planning Board to retain the services of Raymond, Parrish, Pine & Weiner, planning consultants for the purpose of conducting such studies and making such recommendations as such consultants deemed appropriate to up-date the existing comprehensive plan of the Town, including the Town's present zoning code and zoning map. In May of 1985, said consultants presented to the Planning Board and the Town Board a report of their study, together with recommended planning maps, a zoning map, and a draft of recommended revisions to the Town's present zoning code. That since the presentation of the consultants' report and recommendations, the Town Board, the Planning Board, and the Board of Appeals have individually and collectively been reviewing such report and recommendations That upon the completion of such review, the Town Board will conduct informal public meetings in the various hamlets of the town to afford the public an opportunity to express it views and make recommendations with respect to such report and recommendations. That at the conclusion of such hamlet meetings,the Town Board will further review the proposed amendments to the Town's zoning code and zoning map, giving consideration to all comments and recommendations presented at such meetings, and will then propose a Local Law to implement the said master plan study, incorporating such revisions therein as it deems appropriate. The Town Board will then refer tt~e same to the Town Planning Board and the Suffolk County Planning Commission for their review and recommendations, as required by law, and thereafter hold a public hearing thereon, as required by law, on the question of the 'enactment of such Local Law to implement~ in whole or in part° the recommendations proposed by the Master Plan Study conducted by said consultants. f6.) That the Town Board finds that many of the zoning code and zoning map amendments recommended by t~,e ptan~i~j c~nsultant ar~ inconsistent with the present zoning map and zoning code with respect to uses in the B Light Business Districts; the B~I General Business Districts; the C Light Industrial Districts; and the C-1 General Industrial Districts, in that many of the presently permitted uses will not be' permitted if the recommendations of the planning consultants are to be implemented. (7.) That the Town Board further finds that to permit the issuance of building permits; to permit the change of any present use; to approve any site plan; or to otherwise authorize or approve any new construction or new uses in any of the use Districts set-forth in section 100-160(6) hereof, except as otherwise provided in section 100-163 hereof, until such time as the Town Board has had a reasonable period of time to enact appropriate legislation to implement, in whole or in part, the recommendations of the said planning consultants, would result in a race of diligence of land owners to apply for and obtair~ permits and/or other approvals for the construction of buildings and other improvements or the approval of uses in such Districts which may be at variance with the use regulations recommended in the master plan study. That to permit the issuance of such permits and/or approvals, or the approval of site plans in such use Districts during the time required by the Town Board to enact appropriate legislation to implement such recommendations would frustrate and defeat the intent and purpose of the up-date and revision of the Town's comprehensive plan for the orderly development of the town and seriously impair the effectiveness thereof. (8) It is therefor the intent and purpose of this Article to impose a moratorium on the issuance of building permits; the approval of site plans; or the authorization and/or approval of any new construction and/or new uses on any land located in those areas specified in section 100-162 hereof. Section 100-161 Moratorium Imposed Notwithstanding the provisions of this chapter, or any other law, rule or regulation, during the period that this Article shall be in effect, no officer or employee, of the Town of $outhold shall accept an application for, or take any action on any application for a building permit, or ~ccept an application for, or take any action on any application for site plan approval, or otherwise authorize and/or approve of new construction and/or ..................... any change in use of any land or same is authorized by the Town Board~ ~urs~ant tot-~e provisi~.n, s of Section 100- 163 of this Article. Section 100-162 Areas Affected The provisions of this Article shall apply to all land and premises located within the boundaries of the following zoning use Districts, as the same are shown and designated on the present zoning map of the Town of Southold, to wit: (a) B Light Business Districts (b) B-1 General Business Districts (c) C Light Industrial Districts (d) C-I General Industrial Districts Section 100-163 Waiver of Provisions of this Article Notwithstanding any of the provisions of this Article, the Town Board is authorized to waive, in whole or in part, any of the provisions of-this Article, as it applies to a particular lot, piece or parcel of land affected by this Article, upon a written application of the owner filed with the ~own clerk. If the Town Board, upon consideration of all relevant facts and circumstances, determines that the waiver requested will not authorize or permit the use of land or premises for any use that is inconsistent with or in conflict with the provisions of the proposed legislation to implement the Master Plan up-date, it may grant a waiver of the provisions of this Article as it may apply to such land. In making such determination, the Town Board may impose such reasonable conditions as itdeems necessary or appropriate to observe the spirit and intent of this Article. Section 100-164 Duration The provisions of this Article shall be in full force and effect for a period of six (6) months after its effective date. Section 100-165 Prior Approvals Nothing contained in this Article shall be deemed to abrogate or annul any prior approval granted and in effect on the effective date of this Article. Section 100-165 Effective Date This Local Law shall take effect upon its filing with the Secretay of State. Southold Town Board o£Appeals NAIN ROAD- BTATE ROAD 2.5 SOUTHDLD, L.I.. N.Y. ]1971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 4, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII 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: ~fX Variance from the Zoning Code, Articla. VI , Section 100-60 __Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 3393 Applicant: Barbara Schriever Location of Affected Land: West side of Tabor Road, Orient, NY County Tax Map Item No.: 1000- 18-05-12 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, Within One Mile of a Nuclear Power Plant within One Mile of An Airport. COMMENTS: Applicant is requesting permission to woodworkinq and metal shops, art studio, located in this "B-light" zone ~m~=~ t~ e~t~lish ~nd apartment in existing building Copies of Town file and related documents enclosed herewith for your review. Dated: ~l~ ~--- Secretary, Boa~d of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH.H.$AWlCKI S°uthold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE J516) 765-1809 October 2, 1985 Charles R. Cuddy, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3393 Barbara D. Schriever Dear Sir ~ 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 application. 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 b~ 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, Enclosure Copy of Decision to Building ~%p~d~ m e n t Plann.ing · GERARD P. GOEHRINGER CHAIRMAN~ Secretary Suffolk County Planning Commission Abig.ail A. Wickham, Esq. § 100-112 ZONING § 100-112 two-family residence may count as one/1) parking space, other than on a corner lot. ,'?~iSize of spaces. Three hundred fifty (350) square feet shall :'~,',~ be considered one (1) parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences. The minimum parking stall width shall be ten,~f~e~t~an~d, the minimum length shall be twenty (20) feet. D. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one (1) ten- foot lane for parking areas with less than twenty (20) spaces, and at least two (2) ten-foot lanes for parking areas with twenty (20) spaces or more. No entrance or exit for any off-street parking area shall be located within fifty/50) feet of any street intersection. E. Drainage and surfacing. All open parking areas shall be properly drained within the premises and all such areas shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family residence. F. Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two (2 or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments. G. Combined spaces. When any lot contains two (2) or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one (1) or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirement. H. Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same 10045 § 100-112 (2} SOUTttOLD CODE § 100-119_ lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within two hundred (200) feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district or upon approval by the Board of Appeals. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Board, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere. Lots divided by district boundaries. When a parking lot is located partly in one (1) district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals. Parking regulations in multiple-dwelling or attached- dwelling developments. (1) Wherever space is provided for the parking of five (5} or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shall be located in any fron~ yard nor within ten (10) feet of any lot line in side or rear yards. The parking of motor vehicles is prohibited within fifteen ( 151 feet of any wall or portion thereof of a two- or-more-family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill' height of less than eight (8} feet above the level of the said parking space. 10046 § 100-112 ZONING § 100-112 (4) No service of any kind shall be permitted to be ex- tended to users of the lot, including automobile ser- vice, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot. (5) Parking areas shall be screened by a substantial wall, fence or thick hedge, approved by the Planning Board. Generally, such screening shall not be less than three (3) feet nor more than eight (8) feet in height. ~Regulations for parking spaces adjacent to lots in any ~'~'~' residence district. Wherever a parking area o~~~ or is within fifteen (15) feet of the side or rear lot line of a. !.0~ il~ any residence distric~~i'~' shall be scr~,~kql~.$rom such adjoining lot by a sub- s*tant*~'~'~m ~all, fence or thick hedge, approved by the Planning Board. Generally, such screen shall be not less than three (3) feet nor more than eight (8) feet in '~'~'~ height. ((2~ Whenever a parking area of over five (5) spaces is ~'~ located across the street from other land in any residence district, it shall be screened from the view of ~ hedge, wa- or en~e, approv"'-'~i~y~ ~parallel to the street and a distance of twenty t20) feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than three t3~ feet nor more than six (6) feet in height. The open area between such screening and the street shall be landscaped in har- mony with the landscaping prevailing on neighboring properties fronting on the same street. Two (2) identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three (3) square feet each. L. Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. 10047 Southold Town Board of Appeals MAIN RI3AD- ~TATE RnAD 25 5nUTH[3LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMLiNTAJ[, DECLA[~,'¥PION JOSEPH H. SAWICRI Notice of Determinatio~u ~f N,m-sia]lificanc~? September 12, 1985 S.E.Q.R.A. NO.: 3393 ?[~,©JEC. T NAME: BARBARA D. SCHRIEVER This notice is issued pursuant t~ P~zrt 617 of the implementing regulations pertaining to Article 8 of thc N.Y.S. Environmeuta] Quality Review Act of the Environmenta] Conservation I.aw and Local Law #44-4 of the Town of Southold. This board determines the within proicct not to have a s~-qnifi-- cant adverse effect on the environment f{~ tile reasons £ndicated b(' ] ow. Please take further notice that t:h[:; d~.cl,]ralion should not be considered a determination made for c~ny oti~<~r department or ~.,hich may also have an application I>en<'lJn%! fr>~ th{z s;amc ~k' project. TYPE OF ACTION: [ ] Type il7 ~ ] Lin].i.;ted [ DESCRIPTION OF ACTION: Variance for perm~ssi0n to establish woodworking and metal shops, art studio and apartment in existing building located in this "B-Light" Business Zoning District. LOCATION OF PROJF, CT: Town of Southo[d, County o] SQ.ffolk, more l~articularly known as: West Side of Tabor Road, Orient, NY; County Tax Map Parcel ID No. ]000-25-5-12. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in Lhc short f;)rm has been :~ubmitted which indicates that no si.c, nif~cant advers~x effects to :he environment are likely to occur should this project be impte- mcr.tc~d as planned; (2) The property in question is not ]0cated within 300 feet of tidal wet]ands or critical envir0nmenta] area. (3) This project is not directly related to new construction. FO]{ FURTHER INFOPJ~ATION, PI,EASE CONTACT: Linda Kcwa!ski, Secrelary, Southold Towu Board of Appeals, T'wn Hall., Southold, ~.!Y 11971; t~l. 5t6- 765-1809 or 1802. Copies of this notice sent to th~ appllc~nt ~r Li~ agent and p(~sted ~n the Town Clerk Bulletin B~ard. Southold, N.Y. 11971 (516) 765-1938 September 6, 1985 Ms. Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck,NY 11952 Re: Site Plan for Barbara Schriever Property Dear Ms. Wickham: We are in receipt of the site plans and filing fee submitted on September 5, 1985. Upon review of the plans, several of the site plan elements have not been indicated on them. Enclosed is a checklist indicating the items required and those which have been checked need to be included on the surveys. Would you please amend the plan to include those items and submit six (6) surveys to the Planning Board. When we are in receipt of same, we will schedule this on the next regular agenda. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. ( ) ( ) SITE PLAN ELEMENTS §100-134 Town Code Lot, block, and section number, if any, or the property taken from tax records Name and address of the owner of record Name and address of the person preparing the map ~ Date, North arrow ~ ,~ittar. ar.-~ ~~-r Sufficient description or information to precisely define the boundaries of the property. All distances shall be in feet and tenths of a foot. Ail angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. The location~a~e,-and existing width of adjacent streets and cur~lines The location and owners of all adjoining lands, as shown on the latest tax records Location, width and purpose of all existing and proposed easements, setback reservations, and areas dedicated to public use withinor adjoining property A complete outline of existing deed restrictions or covenants applying t'o thepreperty Existing zoning Existing contours at intervals of five or less, referred to a datum satisfactory to the Board Approximate boundaries of any areas subject to flooding or stormwater overf Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. Paved areas, sidewalks, and ~ehicular access between the site and public streets Locations, dimensions, grades and flow direction of existing sewers, culvez and waterlines as well as other underground and above ground utilities within and adjacent to the property. -Other existing development, including fences, landscaping and screening The location of proposed buildings or structural improvement The location and design of all uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of any proposed outdoor lighting or public address systems. The location of, and plans for, any outdoor signs The location and arrangement of proposed means of access.,.and esress, including sidewalks, driveways or other paved areas; profiles indi~cating ~radinm and cross sections showing width of roadway, lo_~cation and width of sidewalks and lcoation and size et water and sewer lines. OVER... Site plan elements cont. (§100-134) ~y proposed grading, screening and other landscaping including types and locations of proposed street trees. ( The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. - ( ~ ~ outline of any proposed deed retrictions and/or covenants. ( ) ~y contemplted public improvements on or adjoining the property. ( ) If the site development plan indictes onl~ a first stage, a supplementary plan shall indicate ultimate develoment. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the i?tent and regulations of this chapter. S~Y Southold, N.Y. 11971 (516) 765-1938 September 6, 1985 Ms. Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck,NY 11952 Re: Site Plan for Barbara Schriever Property Dear Ms. Wickham: We are in receipt of the site plans and filing fee submitted on September 5, 1985. Upon review of the plans, several of the site plan elements have not been indicated on them. Enclosed is a checklist indicating the items required and those which have been checked need to be included on the surveys. Would you please amend the plan to include those items and submit six (6) surveys to the Planning Board. When we are in receipt of same, we will schedule this on the next regular agenda. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ( ( ) SITE PLAN ELEMENTS §100-134 Town Code Lot, block, and section number, if any, or the property taken from tax records Name and address of the owner of record Name and address of the person preparing the map ~ ~ Date, North arrow ~ .,~ittan ~nJ ~ .......... ~L Sufficient description or information to precisely define the boundaries of the property. Ail distances shall be in feet and tenths of a foot. All angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. The locations, name, and existing width of adjacent streets and cur~lines The location and owners of all adjoining lands, as shown on the latest tax records Location, width and purpose of all existing and proposed easements, setback reservations, and areas dedicated to public use withinor adjoining property A complete outline of existing deed restrictions or covenants applying theproperty Existing zoning Existing contours at intervals of five or less, referred to a datum satisfactory to the Board Approximate boundaries of any areas subject to flooding or stormwater overf Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. Paved areas, sidewalks, and ~ehicular access between the site and public streets Locations, dimensions, grades and flow direction of existing sewers, culve~ and waterlines as well as other underground and above ground utilities within and adjacent to the property. -Other existing development, including fences, landscaping and screening The location of proposed buildings or structural improvement The location and design ofall uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of any proposed outdoor lighting or public address systems. The location of, and plans for, any outdoor signs The location and arrangement of proposed means of access and e~ress, including sidewalks, driveways or other paved areas; profiles indihating r~diB~ and cross sections showing width of roadway, lo__cation and width of sidewalks and lcoation and size o~ water and sewer lines. OVER... Site plan elements cont. (§100-134) ~y proposed grading, screening and other landscaping including types and locations of proposed street trees. The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. ~ outline of any proposed deed retrictions and/or covenants. ~y contemplted public improvements on or adjoining the property. If the site development plan indictes onl~ a first stage, a supplementary plan shall indicate ultimate develoment. ~y other information deemed by the Planning Board necessary to determine conformity of the site ~anwith the intent and regulations of this chapter. Southold Town Board of Appeals -8- September 12, 1985 Regular Meeting Transcript of Hearings 8:00 p.m. APPEAL NO. 3393: Public Hearing was held in the Matter of BARBARA D. SCHRIEVER. Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to establish woodworking and metal shops, art studio, and apartment in existing building located in this "B-Light" Business Zoning District, at the West side of Tabor Road, Orient, NY; County Tax Map District 1000, Section 18, Block 05, Lot 12. The Chairman opened the hearing at 8:00 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map dated June 27, 1969, indicating the barn on a piece of property of 0.528 acre. It does~not show the actual size of the barn, however, the parcel is approximately 100 by 186'. And I have a copy of the Suffolk County Tax Map indicat- ing this and surrounding properties in the area. Who would like to be heard in behalf of this application? Yes, Mr. Cuddy. CHARLES R. CUDDY, ESQ.: Would you like me to stay back here or come up? MR. CHAIRMAN: Whatever you'd like. system. Whatever you would like, sir. We have a new recording MR. CUDDY: I'm Charles Cuddy. I appear on behalf of the applicant, Barbara Schriever. As the board is aware, in 1969 Mrs. Schriever appeared here, and I assume at that time not all of them were the present members of the board. Mrs. Schriever had asked for a variance to the then zoning ordinance, and had obtained that variance in June of 1969, and as you indicated she was allowed to store heavy construction equipment, as well as 50 tons of sand, gravel and topsoil at the site. That building was then in existence and of course is continued to date roughly for the same uses as this variance was granted. I would like, if the board does not have a copy, to offer up to the board as part of the record a copy of that 1969 variance. MR. CHAIRMAN: I don't have it in the existing file, I have the old file, the prior file. MR. CUDDY: And I also have a copy for each member of the board, in case you would like to take a look at it. MR. CHAIRMAN: Thank you. (Mr. Cuddy gave each member and the Chairman a copy of the June 12, 1969 decision under Appeal No. 1260.) Southold Town Board of Appeals -7- September 12, Transcript of 1985 Regular Meeting Hearings (Appeal No.~.~379 , MR. CORNELL: parkig area of ~t. the application~ If there answer them. MR. CHAIRMAN!~ You'll separate stores? . MR. CORNELL: l~0ree. RUTH ENTERPRISES, continued:) The rest of it I guess is self-explanatory within are any questions, I'll be happy to have three stores approximately, three Yes. One would be an office for my son. The other would be two' other offices. MR. CHAIRMAN: Yo~don'~ 'propose any high-volume businesses here, do you. Like a Ca,vel, or anything of that nature? MR. CORNELL: No wa~. MR. CHAIRMAN: I have, to ask the question. MR. CORNELL: Yes, I r~alize that. Yes. in MR. CHAIRMAN: And it's~'a one-story building. Is that correct? MR. CORNELL: Yes. One-story. MR. CHAIRMAN: What kind of construction will it be? Masonry? MR. CORNELL: Is that masonry, Cliff? MR. CORNELL: Yes. MR. CHAIRMAN: Thank you very much. Would anybody else like to speak in behalf of this application? Anybody like to speak against the application? Quest:ions from board members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserv- ing decision until later. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing and reserve decision until later, in the Matter of Appeal No. 3379 - RUTH ENTERPRISES. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unani- mous vote of all the members. Southold Town Board of Appeals -9- September 12, 1985 Regular Meeting Transcript of Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. CUDDY: The property is roughly a half acre. It's on the West Side of Tabor Road; it's use as indicated has been for the storage of equipment. Mr. Schriever, Mrs. Schriever for a period of time have tried to sell that particular property. It's somewhat difficult to sell in its present condition, in fact, as is is a difficult sale of itself. I've asked Marilyn P. Norkelun, who is an appraiser and a real estate broker to give us an affidavit. She couldn't be here tonight. She has given me that affidavit, to the effect that this particular property would be very difficult to sell as it is, and also in connection with the present zoning. And I would hand up a copy of that affidavit also to you, and I have one for the members of the board. (Mr. Cuddy handed a copy of the September ll, 1985 Affidavit signed by Marilyn P. Norkelun and notarized.) MR. CUDDY: I think that what Mrs. Norkelun concludes is that it's difficult to use this property as it is in its present zone, and that what is proposed is probably the most appropriate use and also the one use that would yield frankly a fair return to the applicant. And the type of use that's now proposed is a multi- faceted use. On the first floor is proposed to have what is, in effect, a machine-type shop combined with an artist's studio, and on the second floor to be used as an apartment. The neighborhood surrounding, and I'm sure most of you are familiar with the area, but on the north is a cemetery, basically all around the property it's vacant land at this point. But in Orient, this happens to be land that is zoned right now "Light Business." It's our belief that to use to land as it's presently zoned you would have to use it on a much larger scale, that is, you could use it for retail business. I don't think the board would prefer to have a large retail store or a restaurant at that particular site. This type of use is going to confine itself to the building. It's a very specialized use. I think it would fit in well with the area that it's in. We happen to have a large gist of people with us tonight because the applicant, who is Mrs. Schriever, is under contract to sell this to the people who are going to operate Southold Town Boa of Appeals -10- September 12, 1985 Regular M~eting Transcript of Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. CUDDY (continued): it. Mr. Sperber, who is going to be the person in charge of the building, is going to house his business in the building, is here. We've saved the best for last because he's got some, I think, very fine pictures of the building as it is now and as it will be in the future. MR. CHAIRMAN: Do you have any idea, Mr. Cuddy, the size of the building? MR. CUDDY: Yes. Right now, I understand from Mr. Schriever, it's 6,600 sq. ft. I have a map that was the same map that the board has, and I had Mr. VanTuyl put the dimensions on it, and I'll hand up a copy of that also. (Copy given to Chairman). MR. CHAIRMAN: Oh, that's good. Thank you. MR. CUDDY: I think I have enough to go around for everybody. (Copies were also given to other board members.) MR. CUDDY: This shows the building before the addition was put on at the rear, and Mrs. Schriever indicates to me that that's roughly 1,000 sq. ft., so that the first floor that shows 5,600 is actually 6,600 sq. ft. MR. CHAIRMAN: That was my next question, "H~ there been any additions to the building?" Thank you. MR. CUDDY: We pouched the application in terms of use. Mr. Lessard had discussed this with us a while ago, many months ago, and I thank him for responding to inquiries that Mr. Schriever and I made, and I'd like to make part of the record his response to the inquiries of this particular use that we propose, because I think he indicates the way we feel. And that is, that it's an upgrading use. I'd like to make that as a part of the record, and that is a copy of his letter back to me concerning these particular uses. (Copies of February l, 1985 Letter from Victor Lessard to Esseks, Hefter, Cuddy & Angel submitted for the record indicating the uses are in his opinion more upgrading, more confining in nature and more controllable, and copies given to board members and Mr. Lessard.) MR. CUDDY: I would just like to say one further thing. In connection with Mr. Lessard's letter, and our present application, S6uthold Town Board of Appeals -ll- September Transcript 12, 1985 Regular Meeting of Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. CUDDY (continued): which is again couched in use terms, I also believe that what we're asking for is to amend the existing variance, and I think that the power of the board has to act under is right in the zoning code. You have provision in the code that you can take an existing noncon- forming use and upgrade that existing nonconforming use. I've never been sure whether you had to apply to the board or not, but we're certainly here to make the application. I believe that in each of the cases that I've just indicated to you, the machine-type shop, the artist studio, and even the living area, is certainly an upgrading from the nonconforming type of existence that's there now, which is really industrial-type use. And so I submit that not only is the use is it appropriate, but also under that portion of the code dealing with nonconforming uses. I'm essentially finished but I certainly would like Mr. Sperber to speak and perhaps Miss Wickham to speak also. MR. CHAIRMAN: What you're asking for then is basically a modification of the existing use variance. MR. CUDDY: That's right. ABIGAIL WICKHAM, ESQ.: I'd like to address the board on behalf of Henry Randall and his daughter and son-in-law, Robin and Maggy Sperber, who are under contract to purchase the property in the event this use variance is granted. On behalf of the application, the practical difficulty and unnecessary hardship as far as we're concerned is that most of the proposed use of the building will comply with zoning. A very small portion that Mr. Sperber will describe as his machine portion is technically within the indus- trial portion of the code. It was actually--the actual usage he will be making in that portion of his business is probably no more offensive than what's allowed in "B-Light" and certainly not more offensive than what's under the existing use variance that was granted several years ago. The application, I think, is unique because this specific type of use was probably never contemplated at the time they drafted the C-sections of the code. That section was very, very broad, and this is a much more -- less offensive use than they probably had in mind. Moreover, the character of the district will not be adversely affected. In fact it will actually be improved, and I don't believe there would be any adverse impacts on the neighborhood at all. I'm going to let Mr. Sperber do the talking in terms of what type of use specifically is going to be used, and where in the building. Southold Town Board~of Appeals -12- September~2, 1985 Regular Meetin~ Transcript of Hearings (Appeal No. 3393 Hearing continued, BARBARA D. SCHRIEVER:) MISS WICKHAM: (cont~lnued): But by way of introduction, I would just like to say that this is a quiet, clean, unoffensive busines.s w.hich is a type that I think Southold has .been looking for for a number of years. They're young people who are going to make a home here, provide some employment in the tax base, and I hope that you will be receptive to their proposal. MR. CHAIRMAN: Thank you. ROBERT SPERBER: I'm Robert Sperber. The use of the building--I have some plans here. I can give you the rough sketches that we've done. MR. CHAIRMAN: I think I have that. Why don't you pass that down to the other board members. MR. SPERBER: These are one of the upstairs and one of the downstairs as we propose to modify it. The downstairs is pretty much as it now exists. It needs some finish work, but the divisions of the room are pretty much as they exist and the upstairs is, does not exist, --the outer shell does, but the interior is different. That's what we were going to do. The upstairs we propose to use for our own living space and the downstairs would be used for Maggy's artist studio. She's an artist. And I show I believe on the downstairs plan the back part. This is a paper road on here. The back addition, which is the part that has been added, is her artist studio, and then my business, which-- I brought some brochures I will leave with you Sperber Tool Works, is an existing business now in New Jersey where we currently live. And we want to move it. And it entails a number of different things. This large area here we really don't plan on doing much but just leave it as a large open garage area now and we're not going to touch that--and just use it for any storage. We don't have much use in mind for it. The -- next to the studio, the space here would be used as an office, and the two shop spaces would be a woodshop and a metal shop, and as the brochure shows, the machine that I manufacture is a portable saw mill. We don't use it there but we make it. And it entails mostly very light aluminum fabricating. And it's done on a very small scale. It's a mail-order business. We sell all over the country, and to Africa, England and a number of other countries. And it's all done by mail. So as long as I have a telephone and the UPS man -- that's what I would really be relying on. The mail and the phone. The fabrication of it would be done in the metal shop here. I've been in business since 1977, and I currently work by myself and often with one parttime employee, who manufactures the parts for me. It's Southold Town Board of Appeals -13- September 12, 1985 Regular Meeting Transcript of Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. SPERBER (continued): pretty small pretty much shop. volume type of thing. And over the years it's been just steady volume. And that would be done in the metal Most of my work is office work--in that I'm sending out bulk mailings and that sort of thing. I magazine advertise and then solicit through the mail to sell the machine. And I've also in addition to manufacturing that machine, I also sell other heavy woodworking equipment, which I don't handle at all. It's shipped from Connecticut, from a warehouse, and I through the mail and through videotapes of the way the machines work, we magazine adver- tise and then sell through the mail like that. So it's really an office business. That whole part of it. MR. CHAIRMAN: You actually fabricate the aluminum that goes on these chainsaws? MR. SPERBER: On the saw mill. Yes. You see, in the photo- graph, there are two chainsaw engines that we are just a dealer for. They're made in Germany, and we sell those. The roller assembly that you see there is what we fabricate which entails-- we get raw stock in. It's cut, drilled, laze-work, milling-machine work, and ( )-work. That's most of it. There are no punch presses or anything like that. The wood shop--my whole background, how I got into saw mills is being a cabinet maker. And I do some, not too much, but some work which I exhibit in East Hampton and New York City, custom furniture. But that's on a very small scale, and I don't get too involved in that. But that's what it came from, and I would set that up as a wood shop. I don't currently have any other commercial.i woodworking activities--other than I like to do. That's really the proposed use. The metal shop for fabricating the saw mills and mostly office. That's really what the bulk of my time is spent at. Like I said, I currently have one parttime employee. You know, as I'm getting more into the woodwork and machinery to try to grow a little bit, and in that I would need more office help. I don't plan on manufacturing any of the machines. MR. CHAIRMAN: You would, of course, be utilizing the upstairs yourselves. MR. SPERBER: Ourselves. Yes. Southold Town (Appeal No. Board of Appeals-14- September t12o,f1985 Regular Meeting ........... ~Transcrip Hearings 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. CHAIRMAN: How much of a volume would you say that you would have in a business of this nature, the existing business that you have. I'm not asking for dollars, I'm really asking for units sold on a yearly basis. MR. SPERBER: Ok. I sell anywhere from 150 to two or three hundred units a year. And usually what I--the way I run the manu- facture of it is in the summertime usually I hire mostly unskilled help. Currently I have one person. Sometimes I'll hire two, summer help, and run through a run of the machines I'll manufacture, usuall,~ ~bout 200 of all the parts I need. Enough tor 2uu machines. And then during the year, I sell th~'~' and I did the packing and shipping myself and the office work myself. That's the kind of thing--there's a steady need fort that type of machine, but never since I've been doing it--the last eight years, never something that really catches fire, you know. It's slow and steady. About an average of 150 to 200 machines a year. I was selling more overseas when the dollar was weaker, but that's kind of cut down. It's not much of an income-bearing thing--it's more for fun. It's the woodworking and machinery that I'm getting into. That's profitable and leaning more towards -- I can leave this. I also brought some photographs of the buildings and some study sketches that Maggie did of what we planned to do with it. This is up front. And this is a view from Tabor Road, you can't see it through the weeds, but the road is right in there. And that's the building as it exists, a week or so ago. And we would in the metal shop area here, we're going to remove these doors. That's used as a garage now. I don't want the garage. We would leave the door here. And Maggie did a little drawing that I could leave with you. A little sketch of what we want to do. Being that we want to live there, we want to landscape a little bit--not too much. Put some plantings in and keep it as our home. MR. CHAIRMAN: Thank you. That's very nice. MR. SPERBER: And I have some others. This is the back; this is the addition that hasn't been completed. It's structurally fine. It's just isn't completed. And here's a drawing sketch of what we propose to do with that. MR. CHAIRMAN: This would be the artist studio? MR. SPERBER: That would be the artist studio below, and living space above. Yes. And this is another photograph from Main Road as Southold Town Board of Appeals -15- September 12, 1985 Regular Transcript of Hearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) Meeting MR. SPERBER (continued:) it exists now. Quiet neighbors (cemetery). MR. CHAIRMAN: Haven't been around for a long time. MEMBER GRIGONIS: And won't for a long time. MR. SPERBER: I like that. MR. CHAIRMAN: The only thing that I don't really understand is the question that I was going to ask you before, and that was, what about parking? I realize this is not a high volume business but have you made any provisions for parking at all? MR. SPERBER: Yes. We-- This is a drawing of the site plan that I did. MR. CHAIRMAN: I have that. MR. SPERBER: Most of it we don't want to change. I believe this is the property line, the road is upfront. We propose to have four parking spaces here with another two if we need it. We each have a car, two and a few extra. But we would like to keep the parking in the front. And keep the back as our yard. Keep it as nice a lawn as you can keep it and fix it as long as it's real nice there. I'd like to have a patio back there. Keep that more as a personal side of it. Right now this is just some grass and some gravel. That's what we plan. (The Chairman located copy in ZBA file for reference.) MR. CHAIRMAN: This is the one. I'm sorry about that. MR. SPERBER: Do you want another copy of that? MR. CHAIRMAN: No, that's ok. Can we have that one (for County Planning). Thank you very much. That is very interesting. Is there anyting else you would like to say, Miss Wickham? MISS WICKHAM: Yes, regarding your question about the use of the residence. It's certainly theirintention at this point to live there~ but I don~t know if they want to be tied to that indefinitely. At this point, they want to live there. Perhaps down the road they might want the ability to be able to live elsewhere than in the business. If you were concerned about requiring not necessarily the owner-occupied but perhaps in a plea of the building in terms of a Southold Town Board of Appeals -16- September 12, 1985 Regular Meetin~ Transcript of. Hearings (Appeal No. 3393 Hearing continued, BARBARA D. SCHRIEVER:) MISS WICKHAM (continued): ~or something like that, I think they would a little better ive with that. MR. SPERBER: Yes. At this point we plan to live there. Down the road a ways, we would like to be able to buy a house move away from the shop-keeping, the downstairs business area. and MR. CHAIRMAN: That's a good point. MR. CHAIRMAN: Just one other question-- did anyone else have any questions? MEMBER DOYEN: One that wasn't too relevant. curious what one of these devices cost? I was just MR. SPERBER: This is another piece of literature, a different model that has the cost in it. And those are costs including the ( ) to the dealer and the chain size. Basically, the idea of the machine is you can go out to where a tree has fallen and mill it to lumber, either boards or beams, that sort of thing. As a portable saw. Not to compete with the speed of a commercial mill, the portability would go right into it - do specialty cabinets. I started out as a cabinet maker, and I was always so disgusted with the wood that I could buy commercially. From an artist's point of view, it wasn't what I wanted until I got involved with that. I sort of got side-tracked. MR. CHAIRMAN: The question basically is, what we're in effect asking for when I referred to this, Mr. Cuddy, this probably reflects back to you conversation or presentation. We were talking about a modification of 1969 use variance. We're really in effect talking, and I hate to use this phrase, but I use it, "the death" of that particular application, or the demise of it. Is that correct? MR. CUDDY: When you say that, I don't want it to be under- stood that we're abandoning that, but what we're asking for is for you to amend that. ~hen you amend it, ~ that amendment it would then die. MR. CHAIRMAN: In other words what you're saying is, you're using the criteria for that application to grant a use variance which was so granted in 1969. That criteria that was used is still in effect today, although you're asking for a modification of that. MR. CUDDY: Yes. And I think one of the basis for doing that is the ordinance itself that you can have upgrading from a nonconforming S~uthold Town Board of Appeals -17- September 12, 1985 Regular Meeting Transcript of Nearings (Appeal No. 3393 - Hearing continued, BARBARA D. SCHRIEVER:) MR. CUDDY (continued): use, which certainly this is at this point in time. That's another ground for granting it. MR. CHAIRMAN: Do you have any objection to that, Miss Wickham? MISS WICKHAM: To eliminating the heavy construction use? MR. CHAIRMAN: Right. MISS WICKHAM: No. MR. CHAIRMAN: Ok. Let's see if anybody has any comments. Would anybody else like to speak--Mr. Schriever, yes, sir? WILLIAM SCHRIEVER: I would like to address this on the issue that Charles Cuddy raised about the sate of the property because t think that's where the real meat of this thing lies. We acquired this property in 1969 from the Tabors who were farmers. And this was a farm building. The large section, 2200 sq. ft. room was a potato storage area, and the seed potatoes were stored in the cellar and so forth and the tractors in that three-car garage in the front. And I had rebuilt the building and added to the building to make it a much better building then it was then, but it's still the same problems that apply now that applied then. It's a large building. It's much larger than you need to run a jewelry store for any kind of a normal B-Business area business, 6,600 sq. ft. on one floor and there's 2,000 more thousand upstairs and a thousand down. The business, when I bought the building, there was no business when I bought the building there was no business zoning there, but after I bought it there was a revision of the town master plan or something in which they came in and they zoned the section along Tabor Rod there "business" including this property. That's how it got to be B-Business. It didn't have that when the variance was granted. I made applications to get this property zoned for industrial over the years. I made applications to have more business property zoned on the other side of the street so that it could in fact be a business area, and that was denied. And it became very clear that this area could not be developed as a business area for Orient which was my original plan, and so then I had to decide what to do with this property. I made an application to upzone the business that was granted on the property -- to salvage the building, I had that upzoned to residential because there's not really any market for business property, and I wanted to have it marketable. So most of the business zone was wiped out in that application. But this was before I had a business and I couldn't, there wasn't any point in wiping this out because-- I was really operating on the variance and not on the B-business. A B-business zone provides for a retail-type business, and that Southold Town Board of Appeals -18- September 12, 1985 Regular Meeting TransCript of Hearings (Appeal No. 3393 Hearing continued, BARBARA D. SCHRIEVER:) MR. SCHRIEVER (continued): does not even include an automobile dealership. It doesn't include the things for which the building itself is suited~ You could put a restaurant there. You could put a supermarket I guess. Something like that. But there are no other businesses in the area to draw the traffic, you see. That's the thing that makes it virtually useless, is the fact that there was no other business zoning granted, that would make a focus of business there to make the B-business work. That's not necessary for a C-business use which is the current use. But there's a very lim. ited demand for C-business property. Very limited. There are other people in the community in the excavating business who could use that building. There are some that would love to have that building. To the 'best of my knowledge, there are none that can afford to build. That's the problem.. It isn't that there aren't people that want it, It's that there is nobody that needs that much building or can afford to pay for that much building. And so that means the market for the building, and it's current use is zero. I mean, everybody knows about the building and they all know I want to sell it, and you know, there isn't any market. So then there are other inquiries I've had about selling the property. One was from a fairly well-to-do Orienter who wanted to store antique cars in the building. Well, for his type of use, he didn't want to really upgrade it. He wanted to sort of use it as a warehouse in a sense, and he wasn't willing to pay what I wanted for the building or anything like that. There are two problems, I think, with finding a buyer. One is to find somebody that needs that amount of space and number two, to find somebody with the money necessary to put that building in the shape to suit whatever they want to do with it and to maintain it. And I think that this particular situation is unique in that I believe that this family and this couple have both the need for the building and also have the resources to put the building in shape and maintain it. And I believe this is is for in a way the most attractive use that the building can be put to. In fact, it's in a residential area and they're applying to use it partly as a residence. So that seems to be entirely consistent. If it were used for what it's currently zoned for, that would involve a lot of traffic. And it would involve a lot of parking. And I have one acre of business property to the south of this which I kept because I thought it might be necessary to adjoin it to this in order to make the property saleable. These purchases do not need that parking, so it's not essential for them to have that piece of property. And it's not included in the contract. The current contract Southold Town Board of Appeals -19- September 12, 1985 Regular Meeting Transcript of Hearings. (Appeal No. 3393 Hearing continued, BARBARA D. SCHRIEVER:) MR. SCHRIEVER (continued): of sale. And I think that's good for Orient in a sense that they're not going to create traffic. They're not going to create all that activity, so I think this is unique even though it isn't B-business for what it's zoned for. I think it's actually a better use in terms of the community than a B-business use would be. MR. CHAIRMAN: Thank you, sir. Is there anybody else to speak in favor of the application? Against the application? Anything from either attorney? (Nothing). Questions from board members? (None). Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close (conclude) the hearing in the Matter of Appeal No. 3393 BARBARA D. SCHRIEVER, reserving decision until later. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. (The board did not render a decision since this matter along with the other matters which had hearings tonight were pending status under the SEQRA regulations of Section 617.7 for the 15-day period for comments or objections.) 8:48 Deliberations commenced on each of the following: Otto Zapf, Appeal No. 3381. Decision pending from August 8, 1985. John Mitsinikos and others, Appeal No. 3385. Decision pending from August 22, 1985. George and Alice Glogg, Appeal No. 3358. August 22, 1985. Decision pending from (See Clerk's Minutes for official actions, etc.) This verbatim transcript of the hearing is transcribed from tapes electronically recorded in my presence. Pp. 1-19. Respectfully submitted, a F. Kowa/ski, Secretary-Clerk Southold Town Board of Appeals ZONING BOARD OF APPEALS TOWN OF $OUTBOLD In the Matter of the Application of of BARBARA SCHRIEVER AFFIDAVIT STATE OF NEW YORK ) COONTY OF SUFFOLK ) ss.: MARILYN P. NORKELUN, being duly sworn, deposes and says: That I reside in Orient, Suffolk County, New York and I am a duly licensed real estate broker. I have been in the real estate business for more than eighteen (18) years, have done many appraisals in that time and have connection with selling improved Town of Southold. been engaged innumerable times in and unimproved parcels in the As a licensed real estate broker I am familiar with real property sales and values in the hamlet of Orient. The property owned by Barbara Schriever at the west side of Tabor Road, consisting of approximately one-half acre and containing a large storage barn or garage, over the years has housed heavy machinery, equipment and parts. The property is zoned light business. The barn is not entirely completed and to be fully usable the building would require considerable repair. In ]ny opinion because of the size of the lot, its location, its present zoning and a very limited market it is unlikely that this parcel could be sold as is. In order to effectively use the parcel in a business zone it requires extensive renovation and a purchaser willing to invest time, effort and money, otherwise, the dollar value of the parcel would be minimal in comparison to what business parcels normally command. Use of the premises, combining business and non-business use, as the proposed machine shop. artist studio, although requiring approval by the Zoning Board of Appeals, would permit the owner-seller to realize a fair return on the property, and not adversely affect the character of the surrounding area. I make the foregoing statements and representation~ knowing they will be relied upon by the Zoning Board of Appeals of the Town o[ Southol~ and further represent that I have no interest in the property and am not Sworn to before me this //~ day of September, related to the owner. ~arilyn ,~. ~lorkelun 1985. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECI'OR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 February 1, TEL. 765-1802 985 Esseks, Hefter, Cuddy & Angel 108 East Main Atreet Riverhead, N.Y. 11901 Dear Mr. Cuddy: Reviewing the variance, obtained by Ms. Barbara Dwight Schriever, for the property on Tabor Road, Orient, I find the following. The variance was gra~t- ed for a contractors type business, allowing the repair of contractors machinery and equ]pme~t. It also permits the s~orage of not more than 50 tons of screened sand, gravel and topsoil. The uses you indicate are, ~itbout a doubt, more ui~-grading; more confining in nature; a~ more con- trollab.l~. Howe¥~ r, I would say you will have to apply for a varia~ce, there being no way ~o ~ncompass your proposals J~ the present variance. VL:hd Very truly yours, Victor Lessard Exec. RdminJstrator ( TOWN OF SOUTftOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN IIALL SOUTHOLD, N.Y. 11971 February t, ' TEL. 765-1802 1985 Esseks, Hefter, Cuddy & Angel 108 East Main Atreet Eiverhead, N.Y. 11901 Dear Mr. Cuddy: Reviewing the variance, obtained by Ms. Barbara Dwight $chriever, for the properly on Tabor Road, Orient, I find the following. The variance was grant- ed for a contractors type business, allowing the repair of contractors machinery and equipme~t. It also permits the storage of not more than 50 tons of screened sand, gravel and topsoil. The uses you indicate are, w±thout a doubt, more up-grading; more confining in nature; and more con- t~ollab~. ~However, I would say you will have to apply for a variance, there being no way to encompass your proposals in the present variance. VL:hd Very truly yours, Victor Lessard Exec. Administrator ~ ~ to ~ 267 of at~:~ ~,~. ~ ~SDAY, s~ ~1~, ~d ~B~s: 7:~ p.m. ~ HUss~ Ac ~LU ~ ANO.. ~ 1~70 (B) for ~m~- si~ ~ ~h tennis ~n~ f~i~s ~ "B-I" ~ae~ B~ ~n- S~ ~H~ ~e, ~old, ~ C~n~ T~ ~p D~ 1~, ~on 59, B~ 3, ~t 32.1. 7:~ p.m. ~ D~' ~EN- V~ to ~ ~{ ~, A~le ~, ~n 1~31, ~h~ule f~ ~ion to ~ serbS. ~on of ~ ~ ~ ~u~ ~d~ of ~n N~ R~, P~ic, ~; Co~ ~ Map 1~, ~n ~, B~k 17.2; ~ ~3 ~ M~ ~b- t~i~ No. 141 ~ 11- 27-78. 7:~ p.m. S~ 1~119.2 (B) ~ ~s~n to ~ ba~-~ s~c- ~ ~ ~ ~e~t ~t- ~ ~m ~e lan~- edge ~ ~ w~d (~o~ hi~at~ ~), st ~7~ N~- ~u P~mt R~, Cu~o~e, ~; Nssm~u Po~t FHed Map No. 1~, ~t ~; Coun~ T~ ~p '~ I~, ~on Ill, Bi~ 15, ~ 7. 7:~ p.m. R~ E~- ~S~- C~ ~- Var- 7~A) f~: (1) ~s~n to ~ shag ~nt~ ~ "B-I" ~neral Bus~e~ ~ ~e ~ ~ ~a and I~s ~. l~a)l; (2) ~ion ~ ~ bu~g ~th s~ent sid~; (3) ap- ~ ~ l~s ~ 26 p~g sp~ ~ ~r No~ ~ D~ap- ~ ~t~ June 10, 1~. s~m ~ No~ R~ (C.R. ~), P~c, ~; ~ty T~ Map ~s~a 1~, ~ ~, BI~ 4, ~t 3. ~:~ p.m. BA~A~ D. ~R- Va~ to ~n~g ~d~, ~e ~on 1~ ~r ~sion ~ es~b~h w~w~k~g and m~ shops, ~ s~o, ~d sp~ent ~ e~g bulldog ~t~ ~ ~ "B-~t' Bus- t s~ ~ Ts~ R~, ~ent, ~; Coun~ T~ Map ~ 1~, ~on 18, Bl~ ~, ~t 12. ~e ~ ~ Ap~ ~ at ~d ~ ~d pl~ ~ ~s~g to be hea~ in ~H~n ~mmen~ my ~so be ~sub~ p~r ~ ~e ~n- (lt. IM2). ~: Au~ ~, 1~. SO~O~ ~ BO~ OF ~ G~ P. ~E~G~, IT-9/5/~1~) COUNTY OF SUFFOLK ss: 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 5-~, successively, commencing on the ...................... Sworn to before me this 9 z~' .......... : .......... day of .... . .~'f?.."/~. :~. ..... , 1 9 ..... Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19 ~d' LEGAL NOTICE 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 7:30 p.m~ bn THURSDAY, SEP- TEMBER 12, 1~, and as follows: 7:35 p m ALICE HUSSIE - AGOP APIKOGLU & ANO. - Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) for permission to establish tennis and recreational facdltles in thts 1' General Business Zoning District located at the West Side of Horton Lane, Sou~hold NY, containing 4+ acres; Suffolk County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 7:40 ~.m."RICHARD AND DIANE AI.I~KN. Varinnee to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to con- struct new one-family dwelling with an insufficient rearyard setback. Location of Property: Private right-of-way located off the South Side of Indian Neck Road, Peconic, NY; County Tax Map District 1000, Section 98, Block 5, Lot 17.2; Lot #3 of Minor Subdivision No. 141 ap- proved 11-27-78. 7:45 p.m. STEPHEN EGGRRS - Variance to the Z~ning Ordinance, Article XI, Section 100-119.2(B) for per* mission to construct bath. storage structure with an insuf. ficlent setback from the lan- dward edge of tidal wetland (or ordinary highwater mark), at 6675 Nassau Point Road, CuP chogue, NY; Nassau Po{~t Filed Map No. 156, Lot 48; County Tax Map District 1000, Section 111, Block 15~, Lot 7. 7:50 p.m~ HUTH RNTER- PRISES - C & D REALTY - Variances to the Zoning Or- dinance, Article VH, Section 100-70CA) for: (1) permission to construct shopping center in this "B-I" General Business Zoning District containing less than one acre in area and leee than 1~0 t~. lo~ wi&h [Ar~. VI, SOc. 100- 62tB)]; (2) permission to con- struct buildin~ with insufficient sideyards; (3) approval of less than 26 parking space~ as per Notice of Disapproval dated June 10, 1985. Location of Propecty: South Side of Nocth Road (C.R. 48), Peconic, County Tax Map District 1000, (continued on page 20A) o~Arl~ OF NEWYORK ) ) SS: COUNTY OF SUFFOLK ) Legal Notices from page 13A) Section 69, Block 4, Lot 3. I8:00 p.m. BARBARA D, 8CHRIEVER. Variance to the ~oning Ordinance, Article VI, Section 10~60 for permission to .~stablish woodworking and metal shops, art studio, and apartment in existing building located in this 'B-Light" Business Zoning District, at the Wes~ side of Tabor Road, Orient, NY; County Tax Map District 1000, Section 18, Block 05, Lot 12. ~ 12~he Board of Appeals will hear ~id time and place all per- sons de~iring to be heard in each of the above matters. Written comments may also be submit- tod prior to the conclusion of the hearing in question. For more information, please call the Of- rice of the Board of Appeals at 765-1809 (alt. 1802). Dated: August 22, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TS5-5008 port, in ~/she is Weekly ~ Town )f New exed is hed in '~NN M. ABATE '1~'6T~¥ PUBLIC. State of New York Suffolk Ceunty No. 4748183 Term Exp,.res March 30. 19..~'7 Southold Town Board of Appeals MAIN RrlAD- BTATE RnAD 2~5 E~I3UTHE3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of September 12, 1985 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Determi_~]a__t J on ?__f N?__~_n-Si~n i f ~ cance APPEAL NO.: 3393 -"RO,]ECT NAFLE: BARBARA D. SCHRIEVER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of thc 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 b~' ] ow. Please take further notice that thi:~ dccl.:~ra{Jon should not be considered a determination made for any other department or agency ~hich may also have all application pcn(lin~ 1'~ th<~ same ~r simi]~r project. TYPE OF ACTION: [ ] Type ii DESCRIPTION OF ACTION: Variance for woodworking and me/a] shops, art studio and building ]0cared in this nB-Light" Business ~ ] Unlisted [ ] p'ermissi0n to establish apartment ~n existing Zoning Distr~ct. LOCATION OF PROJECT: Town Of Southold, County of Suffolk, more }~articularly known as: West S~de of Tabor Road, 0r~ent, N¥;.County Tax Map Parcel ~D No. ]000-~5-5-]2. REASON(S) SUPPORTING TBIS 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 property ~n quest~0n is not ]0cared within 300 feet of t~da] wet]ands or critical env~r0nmenta] area. (3) Th~s pr0~ect ~s not directly related to new construction. FOR FURTHER INFOP~TION, PLEASE CONTACT: Linda Kowalski, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; 765-1809 or 1802. Copies of this notice sent to the applic~nt or his agent on the Town Clerk Bulletin Board. Secretary, t~l. 516- and posted RECEIVED /I~ ][ ,~ 1985 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ............. of ....................................... Name of Appella,nt Street and Number ................... ~ien~. ........................................................... New...~o~.k ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ( William ~oh~iever Name of Applicant for permit of ..N. 9..t ..~. ~,~ .R...oc,.d.. .0.r..i_e._~.~ .................. New.....Y..9.r...k' .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ) 1. LOCATION OF THE PROPERTY Tabor Road B Street Use District on Zoning Map Sec rich,. 18.. B lock.. 05 ....... Lot... 12 ................ Tax 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.) 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 Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (JJ~kbeen made :I~:~'~II~L:OOI:JI~X ~:]~j~,~i~X~ with respect to this property. Sach appeal was ( ) request for a special permit (X) request for a variance and was made in Appeal No ...... .~.(~ ................. Dated 1969 REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that The existing variance permits the o[~ration of a contractor's business including repair of machinery and equipment and also storage of 50 tons of sand and gravel. The proposed uses including on the first floor a woodworking shop, a metal shop, and art studio for painting and sculpturing, and an apartment on the second floor, are more in keeping with the surrounding area and the Business Zoning of the %ro,O~pze~B~ty. ~he Town ~k~e, however, requires a variance for the proposed rises. (ContinHe on. ot~er side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The existing use of the property is similar to that permitted in the industrial zones. Ail o5 the proposed uses are not included in the Or,,dinance and requiring the applicant to ut~ize the property as zoned or with the existing variance prevents the applicant from obtaining a reasonable return on the land in question. 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 the existing variance permitting industrial t~e use/antj~e cureent ufii~uelv zoning of the parcel affect the owner and this parcel/a~c~ aye not general conditions shared by neighboring progerties. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because uses in the area include residences and businesses and the existing permitted use is industrial in nature. The proposed uses of machine and woodworking shop, and artist's studio will not alter the character of the area. STATEOF NEWYORK ) ~...~..,. ~ COUNTY OF SUFFO?.K ) Signature (Barbara D. Schriever) Sworn to this ................. ~.. ........................ day of ............. ,.~/...~ .......... 19 85 U ..................................................................... ~ ' , State of New York Notary Public No ,__ ~ in Suffolk Couab/ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~he%intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~?ariance)~Special Exception) (Special Permit) (Other) [circle cho±ce] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: One-half acre on west side of Tabor Road cont~n~ng a storage building for equipment and machinery. Tax Map Section 18 Block 5~ Lot 12. 3. Thaltheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: B Use District 4. TbatbysuchPetition, theundersignedwiUrequestthefollowingrelief: a variance to use the property on the first floor for woodworking shop, metal shop, and art studio for painting and sculpturing, and an apartment on the second floor. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 100-60 Sect/on [ ] Section Z80-A, New York Town Law for appr0va] of access over ri§ht(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) 7~5-1809. 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 $outhold 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: A.E,,~t .~; lqgs, Petitioner 0wners'Names: Barbara D Post O(fice~Addr. ess mazn ~oaa, Orient, N.Y. Schriever 11957 NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Orient Cemetery Mr. and Mrs. Frederick C. Mr. and Mrs. William W. Tabor Ward Tabor Schriever Richard Gillooley c/o Mrs. Lloyd Terry Main Road, Orient, New york Village Lane Orient, New York 11957 Main Road Orient, New York 11957 Main Road Orient, New York 11967 20 Route 17 North Rutherford, New Jersey 07070 11957 . U.S.G.P.O. 1963-403-51';' STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Ellen Clark ~ residing at Yaphank, N,¥. ......... being duly sworn, deposes and says that on the It day of ~ August= ,19 85 ,deponent mailed a true copy of the Notice set forth on there- 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 ~essm~;nt roJI or,he Town of $outhold; that said Notices were mailed at the United States Post Of- fice at K~_vernead, N.Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 14 day of _~, 19 ~ ~ Notary Public ~J Ellen Clark MM.--~ R. CUDDy FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated..~...~.'.....&. 5 ............ 19 ?.... pem~itto ~q~ Ck ~1'~- ~ ~.~~,r~ at for ................................ .--...~. ......... . ............ Location of Property ............................................................ House No. Street Hamlet County Tax Map No. i000 Section .... .0. ! .? .... Block ..... .~...~'. .... Lot . . . J..3~'. ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds....~...'..e~.../..O'f9' 7.7.0....Q-. %...~.~ . .~,. ~...~. ~,.~.....~...,,,:.,t~O..&....~,.-. ~..z...~.........u~....v..~.~ .... ?~..~....r~.....~.,....u~.... o...~..~...-~. ~...~...~...~ .... ~'-'~W-e~:q ~-~~-. ~.c~.....~.. ~ :,...~..o~. .... /a-v - Bu±~d±ng Inspecto~ RV 1/80 mi ssion of thi slrm, and an envi ronmenLal.~view wi i 1 be made by this bo~ before any action 'is tak~. SHORT INSTRI~TZCNS~ (a) In order to answer the questions in this short gAF is is assuu~e4 that preparer will use currently available lr. forr~ation conce~nin~ the project and the likely impacts of the action, I~ is not e~ec%e~ %~ a~dl~!onal ~:udl~, or o:her investigations w~i be ~der%a~en. (b) If any question has been answered Yes tho proJec~ ~y be ~i~ifican~ and a ccmpleted Environmental Assessmen~ Fo~ i~ neces~ar/. (c) If all questions have been answered No i% is l~ely %~ ~his project Is nc% significant. (d) ~vire~nent~l 1. W~l proJec~ rest% in ~ large physical to the pro3ec~ ~ite or ~hysically al%er more X ~n 10 acres of land? , · · * · · · . . . Ye~ , No 2. Wlll there be a major change to any unique or unusual land fo~ found on the site? · , · Wtll project alter or have · large effect on an existing body of water? · , · · · Will project have a potentially large impact on groundwater quality? · , · · · · · Will project significantly effect drainag· 6.Will project affect any threatened or endangered 7. Will prcject result in a major adverse effect on Will project have a =mJor effect on visual char- 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleon:ological importance or any site designated as · critical environmental ares by a local agency? · · · 10. Will project have a major effect on existing or future recreational opportunities? · · · 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as & result of the project's operation? . 13. Will project have any impac~ on pub].ic health or 1'-. Will project Affect %he existing communlty by directly causing a ~rcwth in permanent popula- tion cf more t~an 5 percent over a one--year period _er have a major negative effect On the ~5. Is there public controversy concern'-ng the project? REPRESE:ITI:/G: Yes X No L X Yes No Yes X No X Yes No Yes X No Yes X No X Yes -- No X Yes---- No X Yes No X Yes , No Yes X No X No Yes X ~o Yes X. No (Today'~ Date) To: Southold Town Board of Appeals " Main Road Southotd, NY 11971 Re: Appeal Application of Barbara D. Schriever Location of Property: Tabor Road, Orientr New York 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 iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b'e '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 ~=+ con .... e wall existing ~on the premises. -[ x] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.C. D.E.C.] Sincerely yours, (Signature please} NOTE: If proposed project falls wit~kin D.E.C. jurisdiction, approval must be received an.d submit{&d to our office before your application can be .scheduled for a public hearing. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-/801 7]lIS IS TO CERTI?f THAT 'HIE FOLLOWING RESOLUTION WAS ADOPTED BY Tti] SOU~tOID 'IDWN BOARD AT A REGULAR M~ING }[ELD ON NOV~ER 19, 1985: . s R. Cudd on behalf of Barbara D. Sc[n-iever, has requested that Wt~EAS, Charle' Y: ...... ~ r ..... w~ 1,t - 1985 with respect to her this Board-waive the prov~sxons oi LDc~z [~ ...... , -~ , 15cation mresently [rending before the Southold To~ ~d of Appeals, Southom app ~, . ~ ~_ _~ ~a o~,,tho~d To~ Building inspector, and ..... ' ' ~ard finds that the app.t~can~ w~v .... '~ W e~ . ~ ~ ~ ~S, th~s ..... . _~ *~,~ ~r ~,n existin~ building located on thc west ~na artists studl9 ~q. 5~-k*~~'~' '* --' ~ ....... ~d ~ient, sid~-~ ~ ...... ~ont with the u~es in a B-1 D~stmc~ a~ ~kS~ this ~d ae~ such use c~mT .... ~ , . ~*~r Pl~ U~da~e ~ning Code proposed by Ra~nd, Parish, P~ne ~ Weaner, ~nc. s ~ ...... r~visions ~ NOW, ~, BE IT ~S~ that the applicant be and she bereby is ~an~ed a waiver o~ the provisions of ~l I~aw No. 14 - 1985 to ~be e~.e~t of pe~nitting such uses on said premises as set forth in the B-1 Dis~ric~ with respect to he~ · ~ resent~ ~ding before the Southold ToL~ ~_~a~s, ~o~hold · o~ Planning ~ard and Soutnolo 'lo~ ~ ........ ~ -ns ........... s~ te pl~ approva~ and build~ ng ~e:~it, ~bj ~t, however, to the app] i cant o~ain- lng ~Y and a]~ pe~its ~d approvals required by all Town and other ~ow~r~enta~ agencies hav~ng j~.}~dic~ion tbereo~. ,:~> 'Judith 1. fo,'ry ,~' Soutbold To~m Clerk MINUTES OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE PROPERTY OF WILLIAM W. SCHRIEVER A public hearing was held by the Southold Town Board at the Southold Town Hall, Main Road~ Southold~ New York 11971, at 7:45 P.Mo on Tuesday, November 21~ 1978 on the proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York~ property of William W. Schriever. PRESENT were: Supervisor Albert M. Martocchia Justice Martin L. Suter Councilman Henry W. Drum Councilman William R. Pell~ III Councilman James F. Homan Town Clerk Judith T. Terry Town Attorney Robert W. Tasker ABSENT was: Justice Francis T. Doyen SUPERVISOR MARTOCCHIA: Hearing on the application of William W. Schriever, Orient~ changing from "R" Light Business to "A" Residential-Agricultural. The notice will be read by Councilman Homan. COUNCII~MAN HOMAN: Legal Notice. Notice of Hearing on Proposal to Amend Zoning Ordinance. Pursuant to Section 265 of the Town Law and the requirements of the Building Zone Ordinance of ~he Town of Southold~ Suffolk County~ New York, pub- lic hearing will be held by the Southold Town Board at the Southold Town Hall~ Main Road, Southold~ New York~ at 7:45 P.M., November 21, 1978 on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold~ Suffolk County~ New York~ to wit: By changing from "B" Light Business District to "A" Residential and Agricul- tural District the property of William W. Schriever situated at Orient~ New York, and more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Tabor Road, said point of beginning being 437.59 feet south along said westerly line of Tabor Road from its intersection with the southerly line of Main Road; proceeding along said westerly line of Tabor Road the following two courses: (1) South 0 degrees 38 minutes East 334.10 feet, and (2) South 8 degrees 06 minutes 30 seconds East 104.76 feet; thence along other lands of the petitioner the following three courses: (1) South 82 degrees 32 minutes 20 secon~ West 233.57 feet, (2) North 0 degrees 38 minutes West 459.74 feet, and (3) North 87 degrees 47 minutes 30 seconds East 218.37 feet to the westerly line of Tabor Road and the point or place of BEGINNING. Containing 2.27 acres, together with such other land of the petitioner to the west of the westerly line of the above described parcel as it may be determined lies within the bounds of the "B" Light Business District. Page 2 Public Hearing November 21, 1978 - 7:45 P.M. William W. Schriever-Change of Zone Any person desiring to be heard on the above proposed amendment should appear at the time and place above specified. DATED: October 10~ 1978. BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY~ TOWN CLERK COUNCILMAN HOMAN (continued): I have proof of publication from the Suffolk Weekly Times. I have proof of publication from the Long Island Traveler Watchman. I have an affidavit by Judith T. Terry that this was published on the Town Clerk's Bulletin Board. I have the following letter from Planning Board~ Town of Southold to the Southold Town Board, Gentlemen: The following action was taken by the Southold Town Planning Board at a regular meeting held September 18, 1978. RESOLVED to recommend to the Southold Town Board approval of Applica- tion #240 of William W. Schriever requesting a change of zone from "B" Light Business to "A" Residential and Agricultural District on certain property at Orient~ New York~ due to the fact it is: 1. Consistent with good planning; 2. Consistent with the residential pattern of the imme- diate neighborhood. Yours truly~ Muriel Brush~ Secretary $outhold Town Planning Board From the Suffolk County Department of Planning~ Gentlemen: This is a matter for local determination. I believe that's all, Mr. Supervisor. SUPERVISOR MARTOCCHIA: You have just heard Councilman Homan read the legal description requesting a change of zone from "B" Light to "A-Residential" and that it has been advertised in the legal~ proper papers of Southold Town~ namely the Suffolk Weekly Times~ and Mattituck~ Long Island Mattituck Traveler Watchman; also that it had been posted on the Town Clerk's Bulletin Board. Also~ Southold Town Planning Board comments recormnending same, and the Suffolk County Planning Commission comments for local determination. At this point in time~ we would like to hear from the applicant or someone representing the applicant on this matter. WILLIAM SCHRIEVER: Gentlemen. I hope I don't get choked up, I've Page 3 Public Hearing November 21, 1978 - 7:45 P.M. William W. Schriever- Change of Zone planned a little harassment. Let me first, I think you have probably seen the map and I just want to review it for those who may have forgotten. If you remember, the sump that wetve had some discussion about, the sump on Tabor Road and the drain system and so forth and the exchange of property. This parcel runs from that, from the north side of that property. It does not include that property but it starts essentially where that sump actually was and runs up to where my shop is; that's the parcel which is involved. Itts a little over two acres. There has never been an application by me on this identical piece of property. It has never 'been the subject of a zoning application by me. I want to review the history of this property and the area a little bit so that you will get the picture that I have gotten~ about this business area. My interest original, in this area occurred in 1968 when I was going to buy a piece of proper- ty on the opposite side of the street from this, a nine-acre parcel, belonged to Gwen and Fred Tabor, Mae Tabor, when they quit farming. And we agreed on a price, and I came in and I made an application to have the area, nine-acre parcel zoned business so that I could erect a building on this property for my business. I had attempted to buy the only piece of business property in Orient just previous to this, a parcel just off Youngs Avenue behind what's known as the Brown house. It's a parcel that was originally owned by Eddie King, it had a potato grading house on it, and it was in disuse and disrepair about an acre, and there was a move by the neighbors, irmnediate neighbors of this parcel, I remember Mr. Rayburn , and they came to the Town Board and they demanded that the parcel be upzoned from business to residential so that I could not move in there, and the Board did that on its own motion. So following that I, about when this property on Tabor Road, I attempted to buy that property with the understanding that it would be re-zoned. The application was made; that was before the change in the zoning ordinance. At that time we had a B-zone. The B-zone included everything business. In other words i~ included what is now essentially in the C-zone, or at least parts of what's in the C-zone which is what I needed for my business. But the B-zone would have included B-1 which~ you know, the thing was divided up later. This was a B-Business which was what everything else was in Orient that was business. And it was recommended by the Planning Board, recor~nended by the County Planning Board and the Orient School~ or the school never did anything, the people involved in the school, organized and opposed the application, and the application was denied. This was in 1968. Following that, I made another agreement to purchase that piece of property, that nine-acre parcel together with the hold potato barn of the Tabor Family on the opposite side of the street, which is now my shop, and I bought that with the understand, or agreed to buy it with the understanding that it would be, a variance would be granted to allow me to use that building for my business. And that variance was granted. This was in 1969. Then I bought the building and the nine-acre parcel, my wife bought the parcel, it's in her name. So that was our first purchase of property on Tabor Road. And we immediately Page 4 Public Hearing November 21, 1978 - 7:45 P.M. William W. Schriever - Change of Zone started improving the building and moved business in there and so forth~ and the nine-acre parcel remained dormant, but we had inquiries from the Fire Department about locating the fire house on that corner, and these inqufries continued over a period of several years and became more serious I thought, and I needed to get additional property south of my shop in order, because I didn't have room enough to drive around my own building. Shop building was filled, it's a half acre lot and I had a large building and there was about 12 feet on one side clear and 15 feet on the other, there's just no room. So the Thomas~ Estate had never been for sale, that is the parcel that we are considering tonight, Sarah C. Thomas Estate. It was in trust and it was not for sale, and not for sale, and not for sale~ many people tried to buy.it. I tried to buy it at the time I bought the nine-acre parcel. But apparently the trust had an end to it and it was coming to an end, and I made an inquiry apparently at the right time and they agreed to sell. They didn't want to sell just a little bit, theM wanted to sell the en- tire 12 acres. So that is how I acquired the property~ that was around the end of 1973. But in 1971~ this is following the turning down of the business zone on the east side of Tabor Road which I had applied for, the Town Board in making the master plan~ the new revised when they adopted the new zoning ordinance, the new maps and everything else~ that was when this property was zoned business you see. It was not zoned business before that. So nobody made an application to zone this business. This was done on the recommendation of the Planning Board, and it was already business when I bought it, so I never had anything to do with getting this business. So that's, I subsequently bought this property and then the question was how to be able to dispose of it. I proposed a subdivision with a business area along Tabor Road in line with what the Planning Board had recom- mended. And the subdivision would have been to the west and the frontage on Tabor ~oad would have been business. That would have included this case~ And I made an application to re-zone my shop building and property that I added to it to C-Business~ which was what was necessary under the new zoning ordinance because what I had was B, would not allow the activities that I was doing there. And that application was filed August 13~ 1976 and involved downzoning about an acre or so, if I remember, from B-Light business to C-Industrial, and the Plan- ning Board on that petition made the following recommendation at their meeting in October of 1976~ RESOLVED to recommend to the Southold Town Planning Board denial of the application of William and Barbara Schriever for a change of zone from B-Light Business to C-Light Industrial for the property located on Tabor Road in Orient~ based on the fact that a change would not be compatible with the Development Plan for the Town of Southold. The Suffolk County Planning Board on that same application said the following: RESOLVED to disapprove it because of the following: It is inconsistent with the Town of Southold Devel- opment Plan which designates this area for single family residence development. It is inconsistent with the pattern of zoning in the surrounding area and there- fore must be considered as spot-zoning. It would tend to establish a precedent Page 5 Public Hearing November 21~ 1978 - 7:45 P.M. William W. Schriever - Change of Zone for further industrial downzonings in the area and there appears to be ample avail- able industrial zoned land throughout the Town of Southold. That's the Suffolk County Planning Board on that application to downzone the shop building, to accom- modate what it was actually being used for. And this Board at an earlier time May 10, 1977, a little more than a year ago, denied the application for the follow- ing: It is inconsistent with the Town of Southold Development Plan which designates this area for single-family residence development; it is inconsistent with the pattern of zoning in the surrounding area and therefore must be considered spot zoning; it would tend to establish a precedent for further industrial downzonings in the area and there appears to be ample available industrial zoned land through- out the Town of Southold. So that is what happened to the application to make Light Industrial Zoning in this area. Not on this piece that I am applying for tonight~ but on the piece immediately to the north of it and part of the same business district. Following that I made an application which was filed in March of 1977~ and this was an application to extend the B area which is what this present zoning is~ Light Business, to extend that area to include the nine-acre parcel across the street, and also to extend it to the south about an acre so that it goes down to the back line of the residences there along Orchard Street. In other words it would cover the area around the sump. This application re- ceived the following comment from the Planning Board: RESOLVED to recommend to the Southold Town Board denial of this application for a change of zone on prop- erty situated at Orient from "A-Residential" to "B-Light Business" based on the following~ rezoning of this property would constitute spot zoning~ improper use of the property because of potential traffic hazard with reference to the Oyster- ponds Union Free School District~ it is inconsistent with the Southold Town Development Plan. Now this is an application merely to extend the existing zon- ing over more area. And it says it is inconsistent with the Development Plan~ that it causes a traffic hazard and would constitute spot zoning. On this same application, Suffolk County Planning Board said the following: Due study and deliberation~ RESOLVED to disapprove it because of the following, it is incon- sistent with the Town of Southold Development Plan which designates this area for agricultural-residential development~ it's inconsistent with the residential pattern of zoning and the character of the area east of Tabor Road. It consti- tutes the unwarranted~ extensive encroachment of business zoning and to a resi- dence district. It would tend to establish a precedence for further downzonings along the Main Road~ and the resulting increase in traffic generation would be potentially hazardous to children attending Oysterponds School on the north side of the road. As part of this same application the Oysterponds School District said the following: (addressed to John Wickham~ Chairman of the Planning Board dated July 13, 1977) In reply to your letter of June 30~ 1977 this is to inform you that at the regular meeting of the Board of Education of the Oysterponds Union Free School District in Orient held on July 5, 1977, the Board goes on record it is being unanimously opposed to the change of zone from "A-Agricultural and Residential" to "B-Business Light" as applied by Mr. Schriever on the 8-acre Page 6 Public Hearing November 21, 1978 - 7:45 P.M. William Wo Schriever - Change of Zone parcel directly south of the District School on Route 25 in Orient. The Board is opposed because of the potential traffic problems involved~ and therefore the safety hazards to the children. And there were, here is a letter in opposi- tion by the North Fork Environmental Council and it says the following: (This letter I believe was published in the newspaper.) The North Fork Environmental Council. Sorry to learn that a third attempt is being made to downzone property along Tabor Road in Orient from Residential-Agricultural and Business Zones to Industrial. (That was not the case but that is what the letter says.) The first attempt was in 1968. At that time and in a subsequent effort petitions for downzoning were opposed by neighbors and other residents in the Hamlet of Orient by trustees of the two adjoining cemeteries and by responsible Southold Town officials. This time the Town is being asked to approve a proposition to build a shopping center in the midst of historical and residential Orient. The North Fork Environmental Council is opposed to this downzoning; such downzoning would change the character of the community from a peaceful residential envir- onment to one of the busy, heavy traffic~ suburban-type blemish~ defeat the significance of the historial designation which Orient has earned, create traf- fic hazard~ endangering the lives of children attending the school across Route 25, and the property in question, degrade the surroundings of nearby cemeteries and churches~ and possibly most of all burden the limited water supply and endanger sewerage disposal problems for the detriment of the entire area of Orient. And there is a personal letter here from Ellen DeMario which I won't read, which also appeared in the paper. And I made a presentation before the Board attempting to establish this business district and in that presentation~ if you remember~ everybody got up and opposed it. There was only one person that~ spoke in favor of it, and that was my business partner. He doesn't live here anymore, he lives in California. Everybody else opposed it~ there was a person there by the name of Bob Douglass who said the Orient Fire Department opposed it. Somebody there from the cementery who said the cemetery, opposed it. Sonmbody was there from the school that said the school opposed it, and there were a few private individuals who dontt live in the area who were there and they said they opposed it. So the thing had absolutely unanimous opposition except for one person who doesn't live here anymore. And I said at the time~ if you remembered, Itll read, what I had written in the newspaper at that time. This is taken, this is what I said in a letter to the residents of Orient which was published in both local papers on November 10~ 1977 and it says that as far as our plans are concerned that this proposal is rejected~ we will apply irmmediately for a residential subdivision of seven lots fronting on the east side of Tabor Road~ and we will seek to remove the existing small business zone on the West side of Tabor Road in the Courts if necessary. Ultimately, a total of ten new residential lots would be added along Tabor Road which in itself is a reasonably benign prospect. Now if you will remember at that meeting after I had made my presentation and there obviously wasn't any support~ the business zone, I said I was reiterated that statement and there Page 7 Public Hearing November 21, 1978 - 7:45 PoM. William W. Schriever - Change of Zone was an ovation. Everybody was relieved that I was going to get rid of the business area. Now I did in fact go to the Planning Board and I made an application to make residential lots along Tabor Road just like I said I did. In fact there are 10 of them, just like I said there would be, and that is the map, and I have a letter from the Planning Board that says the following: July 21, 1978 - The following action was taken by the Southold Town Planning Board at a regular meeting held on July 17, 1978 resolved, to grant approval to the sketch map of property of William and Barbara Schriever~ said map dated May 16~ 1978~ subject to Mr. and Mrs. Schriever's applying for and obtaining a change of zone of the business zoned p~operty to residential. What I am asking for tonight is that. I would like to change to residential so that it could be included in this subdivision the property now zoned business which is shown on that map as a part of the subdivision. SUPERVISOR MARTOCCHIA: Is there anyone else who wishes to speak on this application? Es there anyone who has any objections to this application? (There was no response.) SUPERVISOR MARTOCCHIA: Is there anyone who wishes to speak in either direction and make comments on this application? (There was no response.) SUPERVISOR MARTOCCHIA: Hearing none~ -- Has everybody had the oppor- tunity to speak that wishes to speak? (There was no response.) SUPERVISOR MARTOCCHIA: Hearing none, this hearing is closed and the Board will make a determination at the proper time. Thank you. The hearing was declared closed at 8515 P.Mo Respectfully submitted~ Linda F. Kowalski Stenographer -.5- Rosenberg minor subdivision. The Board of Appeals gave a variance to split one of these lots and the Planning Board would like to see the restrictions placed on the lot by the Board of Appeals. Mr. Raynor will contact the town attorney to determine how this matter should be handled. Sterling Forest. (Reese) The Board had been awaiting Mr. Tuthill's recommendations in writing. Mr. Tuthill indicated he had submitted them and the secretary will follow up on this matter. Action on the preliminary map was not taken at this meeting. Mr. Wickham said he had made another inspection of the Rene Gendron Indian Woods subdivision and the drainage seems to be working nicely. On motion made by Mr. Gordon, seconded by Mr. Raynor, it was RESOLVED to amend the resolution of August 28, 1978 regarding the change of zone application of William W. Schriever to read as follows: "RESOLVED to recommend to the Southold Town Board approval of Application #240 of William W. Schriever requesting a change of zone from "B" Light Business to "A" Residential snd Agricultural District on certain property at Orient, New York, due to the fact it is: 1. Consistent with good planning. 2. Consistent with the residential pattern of the immediate neighborhood." Vote of the Board: Ayes: Wibkham, Raynor, Coyle, Gordon Orient Hills. The Planning Board requests a controlled survey of the property to establish the elevations because the Board is sure that the elevations taken from the aerial surveys are not accurate and there is too much variation in the highway profiles. Long Pond Estates. Mr. Lawrence Tuthill said a letter will be forthcoming with his recommendations on this map. Mr. Tuthill took an additional map and profile of this subdivision. Rich Young subdivision. Mr. Tuthill said a letter would be forth- coming on this subdivision. WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ........... .~.i...1..1..~..a..m.....w...'....$..c.h..r..J:..e..v..~.r. .......................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof b'/chang- "B" "A" Residential and lng from ...L.i..c~.h...t.....B..u.~..i..n...e.s..s. ........ District to ........ ..A.g..r.~:g.g:.l..t..gr..a..1. ....... District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ..... 21s.t......day of ............. ..N..o..v...e..m...b..e...r. ............... , 19..7..8...., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED. DATED: December 5, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK NOTICE OF AMENDMENT TO TOWN ORDINANCE AMENDMENT NO. 109 NOTICE IS ITEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 5th day of December, 1978, the Town Board enacted the following amendment to the Town Code entitled "Code of the Town of Southold" together with the Building Zone Map forming a part thereof, as follows, to wit: Amendment No. 109 amends the Code of the Town of Southold by changing from "B" Light Business District to "A" Residential and Agricultural District the property of William W. Schriever situated at Orient, New York, and more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Tabor Road, said point of beginning being 437.59 feet south along said westerly line of Tabor Road from its intersection with the southerly line of Main Road; proceeding along said westerly line of Tabor Road the following two courses: (1) South 0 degrees 38 minutes East 334.10 feet, and (2) South 8 degrees 06 minutes 30 seconds East 104.76 ing three courses: West 233.57 feet, feet; thence along other lands of the petitioner the follow- (l) South 82 degrees 32 minutes 20 seconds (2) North 0 degrees 38 minutes West 458.74 feet, and (3) North 87 degrees 47 minutes 30 seconds East 218.37 feet to the westerly line of Tabor Road and the point or place of BEGINNING. Containing 2.27 acres, together with such other land of the petitioner to the west of the westerly line of the above described lies within the bounds of the "B" BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK parcel as it may be determined Light Business District. DATED: December 5, 1978 Page 2 - Amen~nt No. 109 PLEASE PUBLISH ONCE, DECEMBER 14, OF PUBLICATION TO JUDITH T. TERRY, NEW YORK 11971. 1978 AND FORWARD ONE AFFIDAVIT TOWN CLERK, MAIN ROAD, SOUTHOLD, Copies to the following on December 8, 1978: The Long Island Traveler-Watchman The Suffolk Times William W. Schriever Van Tuyl Land Surveyors DI,8~C, O OO E- 226,00 N,BO ~0 ~ 519,10 ,~'IAF: OF' P,D. OPER'i"]E5 ..................... , .~ '), ,ILw_m I ~k5 ~U~V~'~ D JU~ 27) VAH TUYL~SON LICENSED ~ND £X I_STING Ft E rD G f:T 17' 20" £ ,"i 41 ~T DEP TH L ~. " .5- .~ "T' ~ 9 VT DEPTH DR · £XIST//VG J 15&.32_ ' /_ Ab/A/ DR .SCALE- "/~"= I' To~n of Sonll~old pL O-F PLA N Fo "T'ABOR ROAD /.4£N R Y O P, I ~ iV-I-, R A, ,~ZD A/... /.. Ii J 1 i/£/VRY /P/J/v/DA L L -'- TA~O/~ O fl l E AI T' , ,RD