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Home My WebLink About1000-70.-5-6.2 (2)PLANNING BOARD MEMBE~ BENNETT ORLOWSK/, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski, Jr., Chairman ~7~ Lisa Jerome (Hardware Store) 50000 Main Road, Southold SCTM~ 1000-70-5-6.2 Appl. No. 4699 DATE: June 29, 1999 As this Board recommend the code change for a maximum building width of 60', we are not in favor of increasing the present width of the building from 68.8' to 93.8'. Submission Without a Cover Letter Sender: Subject: SCTM#: 1000- 7~ ~ ~ Comments: Reason for Appeal Continued Zoning Board of Appeals re: Harts Hardware Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and asses the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. Harts Hardware has been in business for over twenty years and the structures constructed prior to zoning. The business wishes to improve the building to meet the needs of their customers and to upgrade the building. The proposed addition has been set back five(5) feet off the existing building to try to comply with the intent of Article X, 100-103 C which breaks the linear feet. The existing building is 68.6 feet in length. The only reasonable and cost effective method of expanding is to construct an addition as proposed. The existing front yard setback from Main Road is at 23.4 feet, however, the actual distance to the improved road is 35 feet. Because this property is on a corner, the property is considered to have two front yards. The second front yard is proposed at @95 feet from Jockey Creek Drive. Pursuant to 100-103 B where the adjacent parcels are developed, the minimum front yard setback is the nverage setback of the adjacent parcels. From Jockey Creek Drive: The Perry's buildings on Jockey Creek Drive is approximately 95 feet. Mrs. Hart's house is set back at 44 feet from Jockey Creek Drive. Therefore the proposed setback is in conformity to the adjacent properties. Pursuant to 100-103 B, No variance is required for the setback from Jockey Creek Drive. The existing building is 41.6 from Mrs. Hart's property, However, in accordance with the definition of "yard, side", the area adjacent to the Hart residence is the "side yard" not a rear yard. Please note the survey which shows the "rear yard" on Jockey Creek. Therefore the proposed addition will meet the 25' side yard requirements. The proposed structures will not affect the rear yard along Jockey Creek. Therefore, no variance is required for the rear yard. The 100 foot rule creates a practical problem for an existing business which wishes to expand, particularly a business in a very old structure. The proposed addition will be isolated from the main building to avoid problems with the NYSF&B Code, otherwise the renovation could trigger the entire existing structure into comply with existing fire regulations. Moreover, for an existing small business, the business must continue to operate while renovations are under way, therefore additions are generally added to an existing structure. The 100 foot rule, never intended to apply to existing buildings on the Main Road, are an impediment to existing business and deserving of the Zoning Board's consideration. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The building predates zoning and requires additional room, the only area for expansion is where the addition is proposed. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. A poorly drafted code, Article X 100-102, affects the ability for a business to expand. This section of the code was intended for strip shopping centers on the North Road, not Main Road businesses. The Zoning Board must take note of the legislative history of the code and consider the impact on existing businesses in the Hamlet Areas. The Zoning Board's grant of variances from the 100 foot width rule preserves the Hamlet businesses and permits existing business to thrive, therefore the Zoning Board's actions on the Main Road keep "strip shopping centers" off of the North Road. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The Main Road will benefit from business improvements. The adjacent properties are businesses, the adjacent residence was the previous owner of Hart's Hardware. Mrs Hart split the Hardware off of the residential property in 1977 with the Zoning Board's approval (appeal No. 2273). The residence was an office in 1964. 5. The alleged difficulty was not self-created. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. In setting back the addition 5 feet off of the Main Road (to break the line of the proposed addition from the existing structure) resulted in the addition being moved closer to the Hart's property line. If the Board wishes to have the addition moved closer to the Main Road and away from the Hart's property line, the applicant will consider reasonable alternatives. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. State of New York ) )ss County of Suffolk ) Sworn to this~ dayoF~P~=~ iTgQ Notary Public TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date:April 5, 1999 To~ Lisa G. Jerome 50000 Main Road Southold, New York 11971 PLEASE TAKE NOTICE that your application dated_ March 25__, 199--9 For permit to Construct an addition for an existin~ Building "Hardware Store" at Location of Property 50000 Main Road, Route 25 Southol& N¢_ww York 11971 County Tax Map No. District 1000- Section 7__.9_0 - Block__ 5 - Lot 6.~2 Subdivision: Filed Map No. _ Lot No. Is returned herewith and disapproved on the following grounds:_ ~he bulk schedule for the __ (~ofthir t%e 35' feet. -~edastwen six 26' feet.-- ~hall be set back at least ~e ri N-of-wa . ~D~ N-of-wa is ~ nine five 95' feet. ~mte structures so that ~mear feet of fronta e. ~wentv five 25' feet.__ ~ tenths 93.8' feet. -- / James'A. R~e~ter, R.3t. Building Department 79°00,50 STORy BUILDING N 79'00'50,, W 4,1,6' ?I~0i~05~i~ ~IT~o~ 102.00, TOWH OF $OtlTIIOLD, HE'W i~. APPEAL FROM DECISION OF BUILDIFIG IFISPECTOI~' ? DATE ..... 7 ........ ' ........... TO TI IE ZONING BOARD OF APPEAI~S, Towr-I OF SOUTHOLD, N. Y. Main Road .................... Harts Hardware , .. o[ ........................................................ I, (We) ......................................................... Street arid Number Nome of Appellant .... ~ .................... HEREBY APP~'1-- TO Southold ................................................. State ...................... Municipality THE ZOI,IIblG BOARD OF APPEALS FROM TIlE DECISION OF THE I~UILDII'IG INSPEC'rOR Obi DATED ..................... APPLICATION FOR pERMIT NO. · ...... WtiEREBY THE BUILDING INSPECTOR DEFILED T'O Lisa Jerome Nome DJ Applicant [or permit NY ...... ~ Southold ' . .............................. o[ DOOu Plain ~oa.u. ......................................... · ........ Street end NtJmber Municipality State ( ) PERMIT TO USE PERMIT FOR OCCUPANCY ''' Street /llamle£ / Use usstrtcr on /_o g Lisa Jerome District 1000 Secf.~on 70 Block 5 Lot 6.2 ~ . ~ .. Mop No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of Ihe Zoning O~dlnonce by number. Do not qpole the Ordinance.) Article x Secl:t01t 100-102 ArtX 100-103 A and C 3. TYPE OF APPEAL Appeal Is mode herewith [or (please citeck appropriate box) (X) A VARIANCE Ic~ the Zoning Ordinonce or Zoning Map ( ) A VARIANCE due to lock of occess (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPF. AL A previous appeal (has) (has not) been mode wllll respect to this decision of Ihe Building Inspector or with respe,ct Io Ibis properly,.. ,. Such appeal was ( ) requesl for o special permit ( × ) request for a variance May 1977 ........................................... ond wo~ mode in AppeaJ No. 2272 ..galed REASON FOR APPEAL ( ) A Variance Io Section 280A Subsection 3 (X) A Variance Io Ihe Zoning Ordlnonce ( ) is requested for tho reason thai A variance is requested to expand preexisting nonconforming building with more than 60 feet in length Form ZIH (Ca,~th?ue on other side) 'froWN, OF SOUTHOLD PROPERTY RECORD' CARD ~'' 31WNER STREET ;~-'~ ~C)C) IV'LLAc~E J DIST. J COUNTY ~AX MAP NO. LAND IMP. TOTAL DATE REMARKS: I I ! ' M. Bldg..3 ~ ~ L~, ~ 7~ ?-y~ . ~ ~ . Foundation [ C ~' Bath ~ension .i~X ]~ -~ ~ . Basement /~ Fl~rs Extension ~ ~ ~Z~f ~t. Walls ~ ~[~ Interior Finish Fire Place IV ~ He~ ~E ¢ J~X /! ' j ~ ~ ~ ~ ¢ Porch Rooms 1st Flor Breez~ay Patio Rooms 2nd Floor ~mge Driveway .... <~ ~ ~,~ NOTC[ COUNTY OF SUFFOLK ~ "~., la' SOUTHOLO O70 pLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski, Jr., Chairman,~)~ i~_ Lisa Jerome (Hardware Store) 50000 Main Road, Southold SCTM# 1000-70-5-6.2 Appl. No. 4699 June 23, 1999 The Board is unable to comment on this variance request, it has no site plan application on file. Southold Town Planning Board PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 1 i971 Tel: (516) 765-4330 Fax: (516) 765-4643 August 13, 1999 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski RE: Harts Hardware Hearing Date: August 18, 1999 Dear Linda: Enclosed please find a proposed site plan for the above referenced matter. The applicant has reduced the project to the minimum necessary for his proposed addition. As soon as the variances are obtained, this site plan will be submitted to the Planning Board. I am forwarding a copy of this site plan to the Planning Board, however, it is my understanding that they will not ~formally" review the site plan until the variances are obtained from your board. Very truly yours, PCM/mr / cc: Planning Board with Encls. Patricia C. Moore 9000, SII'E PLAN FOR ttARTS ItARDWAR£ SITUA TED A T SOUTHOLI) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. I000-70-05-6.2 SCALE 1"=20' FEBRUARY 19, 1999 MARCH 25. ~999 ^DDEO PROPOSED ADDIIION AUDUST 5 ~999 REVISED SITE PLAN Joseph A. Ingegno Land Surveyor VA L~R.rE, SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD February 25, 1997 Craig M. Arm East End Drafting & Design 5130 Main Bayview Road P.O. Box 1675 Southold, NY 11971 RE: Proposed Site Plan for Harts Hardware Main Road, Southold Zoning District: General Business (B) SCTM# 1000-70-5-6.2 Dear Mr. Arm, The Planning Board has received your letter of February 13, 1997, requesting this Board's review of a proposed addition to Harts Hardware Store. The Board's preliminary comments are as follows: Town Code 100-103 C. states that no singie structure shall have more than sixty (60) linear feet of frontage on one (1) street. The proposed extension for the building will increase the building length parallel to the road from sixty three feet (63') to ninety three feet (93') in length. Consideration should be given to locating the building addition to the rear of the existing building. Doing so will eliminate the need to request a variance to extend the building frontage. 2. On M~r_c~l_~. 1982, Mr. Hart split the property by deed without Town Approvak-44k_q~iry~_sJ~oald~ be'made to the Town Building ~5~,~0f0 Department to se~ if FlS/tg~lo~-is~eC0gnized by the Town. 3. The parking shown in front of the supply shed is too dose to the entrance doors to obtain customer material. In addition to the above, technical data, as contained in Town Code 100-256 (1), such as landscaping, lot coverage, drainage calculations etc. should be on the plan. A check sheet of such details and a site plan application is enclosed for your use. The New York State Department of Transportation should be contacted for a curb cut review and the Suffolk County Department of Health Services for health review. After you have consulted with the Building Department on the lot creation, this Board's staff would be pleased to meet with you to review your proposed project. If you have any questions, or wish to meet with the staff, please call Bob Kassner, Site Plan Reviewer, at this office. //STl~cerely, Chairman cc: Gary Fish, Building Inspector February 13, 1997 Mr. Richard Ward Southold Town Planning Board Town of Southold Southold, NY 11971 Re: Proposed Addition Harts Hardware Main Road Southold, NY Dear Mr. Ward: Attached is a site plan of a proposed addition to Harts Hardware Store, located on the Main Road in Southold. I am submitting the site plan for your review on behalf of William Goodale. Please contact me if you have any questions or comments. Sincerely, Craig M. Arm FEB I 199'/ 5130 MAIN BAYVIEW ROAD' PO BOX 1675 ' SOUTHOLD NY 11971 '(516) 765-5380 LEFFERT5 P. EDSON R~DOLPH ~, BRUER April 16, 1981 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Re: Hart Hardware Proposed addition to buildinq Gentlemen: It was suggested by Ed Hindermann of the Building Depart- ment that we contact you regarding an inquiry made by our client, Les Hart. Mr. Hart is the owner and operator of Hart Hardware on Main Road, Southold, N.Y. Mr. Hart is desirous of determining whether approval can be obtained for the construction of an addition to his store, as shown on the enclosed photocopy of a survey of the premises. The proposed division of property shown on the said survey was granted by resolution of the Zoning Board of Appeals, dated May 12, 1977 ( a copy of which is enclosed )~ Please advise site plan approval from your agency. us whether this matter does, in fact, require RHB/df Encs. Appeal No. 2273 Dated April 22, 1977 ACTION OF THE ZONING BOARD OF /%]~l'~qAl.~q OI: 'i'I{E TOWN OF SOUT}IOLI~ To Leslie Hart, Hart Hardware, Inc. Appcllant Main Road (Rudolph Bruer, Esq.) ~outhold, NY 11971 at a meeting of the Zoning Board of Appeals on May 12, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoldng Ordinance (X) Request for a variance to tht~ Zoning Ordinance ( ) 1977 the iippeal 1 .'51~ECIAL EXCEI~TION. By resohltion of the Board it was detvrmined lhat a speOial exteption ( ) be ~anted ( ) be denied pnrsuant to Article . ~ection .............. .qubsection ...... par~,".raph confirmed because 9:20 P.M. (E.D.S.T.) upon application of Leslie }Tart, Hart Hardware, Inc., Main Road, Southold, New York for a variance in accordance with the ,Zoning Ordinance, Article III, Section 100-80 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Main Road and Jockey Creek Drive, Southold, New York, bounded on the north ~y Jockey Creek Drive; east by Ellis Terry, south by Jockey Creek and Ulrich; west by Main Road. 2. VARIANCE. By resolution of thc Board i? x~rlis dote) mined that (a) Shift application of the Ordinance (would) (wotdd not) produce practical hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in lhe immediate vicinity of this properly and in the same u~e district because SEE REVERSE (c) Thc variance (does) (does nol) oh?el-V(! linc ::l)i;'it of the Ordinance and (would) change the-character of the disC. riel becanse (would not) SEE REVERSE and iherefore, it was ftrrther detetmb~ed that the reqmstcd variance ( ) be granted ( ) be denied and that the previous decisions of the Building Insllcttol ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEAL8 After investigation and inspect~ion, the Board finds that the applicant requests p~rmission to divide property with insufficient width and area, Main Road and Jockey Creek Drive, Southold, New York. The findings of the Board are that the applicant wishes to separate the lot from corporate title and place it under individual title. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the i~ncdiate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York, be GRANTED permission to divide property with insufficient %~idth and area, Main Road and Jockey Creek Drive, Southo]d, New York, as applied for. Vote of the Board: Ayes: -.Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. J oc k'.'.¥ ' - Southold Town Board of Appeals -16- May 12, 1977 the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED, Constantine Vloutely, 605 Maple Lane, Mattituck, New York, be GRANTED permission to construct tower exceeding maximum height, Maple Lane, Mattituck, New York, as applied for, subject to the following condition: The tower shall be no higher than 50' and shall be located on the easterly side of the applicant's, house. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2273 - 9:20 P.M. (E.D.S.T.) upon application of Leslie Hart, Hart Hardware, Inc., Main Road, ~Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-80 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Main Road and Jockey Creek Drive, Southold, New York, bounded on the north by Jockey Creek Drive; east by Ellis Terry; south by Jockey Creek and Ulrich; west by Main Road. J ~ The Chairman opened the hearing by reading the application for variance, legal notice of hearing, affidavits attesting to its a publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement that notification by certified mail had been made to: E. M. Terry; Ulrich Marine. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by a sketch indicating the layout of the buildings on the applicant's property. The photostat of the Tax Map indicates that this property is on the corner of Jockey Creek Drive and Main Road. It consists of, according to this sketch, about 38,000 sq. ft. which the applicant proposes to divide in two, make two 19,000 sq. ft. lots. Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I would like to point out to the Board that Mr. Hart is the sole owner of Hart Hardware. He presently owns the complete premises, or the corporation does. The premises were bought in two separate parcels, I believe in the early '60's. The first part was the business back in 1964 which is on the Main Road and Jockey Creek Drive. The second part was bought with the building thereon as an office, it was an office and is now a Southold Town Board of APPeals h. I don't knOW if everybOdY $1 we have · - ~wn in this sk~tc~t the 0rdin~Ce'zoning. -~dence as l~ ="~ ~ have now is ~ _~ cumulative ft. re~ ,.~h. Wha~ w~ _ ,,~,, zoning a~ sq. has a s~?~- _~ we ha~e now ~ apprOXimately 38,000 acre zoning a~ that'S in the corporate name. . because o~ merger- twO buildings We have a piece of property It is are ich is that way: the premises and the understanding ~. Hart'S house ~s on . ~ in that. My are together- nnecte~. NoW,_~=~{1v dwelling ~"-- . CO ~ 't~e a o is tha~ 1 There'S one single kitchen. THE CHAIRMAN: If the kitchen was here, it'd have to be moved. ESQ-: Absolutely' We'd have to conform to RUDOLPH BRUER, for the structure that is added on there and the building permit it is to be a one-family dwelling onlY. THE CHAIPd~AN: when was this built? RUDOLPH BRUER, ESQ-: The addition? THE CHAIRMAiq: No, this one here. The main one, the big one. RUDOLPH BRUER, ESQ.: That I belieVe is an addition because the connectiOn' . . ._ ~ mame 'nrc us. THE CHAIRMA~' Bec~se a building permZu ~ ~_ Building InspectOr, one structure and That is, according to the that'S all it can be. THE CHAIBMAlq: ~as this used for a residence? RUDOLPH BRUER, ESQ.: It is, yes. THE CHAIRMAN: And it waS? We can ask Mr. Hart. Mr. Hart, the RUDOLPH BRUER, ESQ.: used as a residence, is that correCt? smaller building, that was LIE HA~T: yeS. _ ~.~ which is what we. LES ~,= non-COnIO~m~___4n~ residence o,~ndLPH BRUER, ESQ.._ we have a non~ .~,we asking is t~a ~=ve here. .in ~ ~ ,~,ith a business- _ .~nforming r=~ zoning "' ---al zon~ - ~ ~ the non-~ · , the com~.e~u~ ~= seoaratea ~-- Up until the cumulative the buslneS~ ~ ~ zone. wouldn't have been any existing %~you property in the there other area, , yards, m as far as that_9 .~nts of sz proble ~ ~h~ additional requ~ have al~ etc. Southold Town Board of Appeals THE CHAIRMAN: How deep is this -18- May 12, 1977 "¢" zone here.* RUDOLPH BRUER, ESQ.: To the end of our property. THE cHAIRMAN: Over to Ulrich? RUDOLPH BRUER, ESQ.: Ulrich has it too, yes. That is all "C", 100%. See, the basic problem is that you have one piece of property here that is owned by a corporation of which there is a residence on it. We want to be able to separate a business from the residence. My understanding, we've gone down that street many times, the provision as to the size is approximately whatever the rest of the property on ~ockey Creek Drive is. It's not inconsistant. THE CHAIRMAN: No, it's just an unusual situation. RUDOLPH BRUER, ESQ.: It's an unusual situation of zoning. THE CHAIRMAN: And really, the addition out-classes the original house. But this is all going to be part of all one house. RUDOLPH HRUER, ESQ.: Part of the house is a showroom. THE CHAIRMAN: This will be used for a showroom? RUDOLPH BRUER, ESQ.: A little bit of both, I guess. It would be foolish no~ to use it, it's not completely necessary to the total dwelling. THE CHAIRMAN: The kitchen will be over here? (on map) RUDOLPH BRUER, ESQ.: Mr. Hart, the kitchen will be in the larger part of the house now? LESLIE HART: Correct. THE CHAIRMAN: I think that's our main concern, that there isn't any attempt to get two families. RUDOLPH BRUER, ESQ.: I think Mr. Howard Terry would be very much concerned. He's expressed that view to me personally. (Mr. Hulse conferred with the Chairman.) THE CHAIRMAN: Mr. Hulse brought up the point that this could be sold off to somebody else and used commercially. RUDOLPH BRUER, ESQ.: Yes, it's always been commercial. FRED HULSE, JR.: It's been one commercial. Southold Town Board of Appeals -19- May 12, 1977 RUDOLPH BRUER, ESQ.: It could be used for two businesses, you could lease it off. You could have a 99-year lease if you wanted. THE CHAIRMAN: There's no intention-'~of ever selling this other lot, Mr. Hart, with the house on it for business purposes? LESLIE HART: No, we're going to keep it residential. THE CHAIRMAN: Would you be willing to have us put in a condition that it can be used only for residential purposes except for the one-story, framed office? RUDOLPH BRUER, ESQ.: I don't think that would be proper. THE CHAIRMAN: I don't think so either, I'm just asking. RUDOLPH BRUER, ESQ.: Because you're really changing the zone by putting that restriction in. THE CHAIRMAN: But Mr. Hulse brings up a point here. I think the smallest lot in the "C" zone is supposed to be pretty big, much bigger than this. RUDOLPH BRUER, ESQ.: Absolutely, that's why we're here. That taken together probably isn't as big as it should be. I believe you're supposed to have, what, 80? THE CHAIRMAN: "C Light" is 40,000. RUDOLPH BRUER, ESQ.: I think we're here on every part of the Bulk Schedule except for the ~ear yard requirements. FRED HULSE, JR.: You could end up with two businesses where now you only have one. RUDOLPH BRUER, ESQ.: Yes, but as far as practical purposes ... it's existed prior, it was two lots. THE CHAIRMAN: Essentially, these are business uses and not industrial. RUDOLPH BRUER, ESQ.: Correct. The thing is, you're talking about creating another business in the area. Assuming you left it alone, it could be leased off, we could sign a 99-year lease and have two separate businesses. But it's a practical matter, there's a brand new house there, a house that was built for residential purposes. You're correct in your theory, but I'm just saying that I don't think it would be proper for the Board to ultimately talk about going down the road a couple of years in terms of restricting the use. I think it would be improper for you to do because you'd be, in effect, doing a change of zone. Southold Town Board of Appeals -20- May 12, 1977 FRED HULSE, JR.: By doing what? RUDOLPH BRUER, ESQ.: I think by saying that it could only be used for residential purposes. We're only there as a residence by non-conforming. In other words, if that premises was ever stopped being used as a residential house for two years or what- ever the Ordinance says, we'd be out of business anyway as a residence because we'd lose the non-conforming use. It would revert back to "C". SHE CHAIRMAN: The only point Fred made is that this could, conceivably, yield two small "C" lots. RUDOLPH BRUER, ESQ.: You could do that anyway. words, if this was, if you just had the business ... In other FRED HULSE, JR.: No, you couldn't. You've got one commercial lot right there. THE CHAIRMAN: No, but if you divide it now. RUDOLPH BRUER, ESQ.: You could effectively divide it by a lease. You're talking about a typical situation where you have one business and there was nothing there. There's nothing there, you could never put anything there. But now we do have something. There's nothing in the Ordinance, in my understanding of it, to restrict Mr. on one lot. Hart from leasing that, in effect having two businesses We could throw out a 99-year lease. . THE CHAIRMAN: The odds are in favor of this remaining as it · s. I would be inclined to vote for it. FRED HULSE, JR.: Don't get me wrong, I'm just pointing out something, I'm not against it. THE CHAIRMAN: How long has the hardware store been there? LESLIE HART: 15 years. FRED HULSE, JR.: It should have been zoned for business, they probably just evened it up to the corner. THE CHAIRMAN: Anyone else wish to speak? Anyone against? (There was no response.) After investigation and inspection, the Board finds that the applicaht requests permission to divide property with insufficient width and area, Main Road and Jockey Creek Drive, Southold, New York. The findings of the Board are that the applicant wishes to separate the lot from corporate title and place it under individual title. Southold Town Board of Appeals -21- May 12, 1977 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York, be GRANTED permission to divide property with insufficient width and area, Main Road and Jockey Creek Drive, Southold, New York, as applied for. ~o-vo-~- ?~ Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2277 - 9:40 P.M. (E.D.S.T.) upon application of Henry Stelzer and wife, Main Road, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of prop- erty: North side Main Road, Peconic, New York, bounded on the north by A. Stelzer and M. Harris; east by Pilles; south by Main Road; west by F. Stelzer. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement that notification by certified mail had been made to: Antone Stelzer c/o Frank Stelzer; Mary Harris; Thomas Pitles; Frank Stelzer. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a sketch indicating that the applicant is the owner of a plot 277' on the Main Road in Peconic with a depth of 175' on one end and 170'+ on the other, easterly end. The applicant's two-story framed house is located approximately 40' from the right-of-way of 16-1/2' on the westerly border of the applicant's lot. The house is 54' from the Main Road leaving what appears to be about 200' of vacant land between the Stelzer house and the neighbor to the east who wishes to enlarge his lot. Is there anyone present who wishes to speak for this application? MRS. STELZER: We own the lot. THE CHAIRMAN: HOW much did you want to setl? '*4 ~'50" E 90.00, / ,.c ~UILDING ?2- 102.0 SITE PLAN FOR HARTS HARDFARE $ITUA TED A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-05-6.2 SCALE 1"=20' FEBRUARY 19, 1999 MARCH 25, 1999 ADDED PROPOSED ADDITION AUGUST 15, 1999 REVf AREA: ~O TiE LINE) 0.465 ac CERTIFIED TO: LISA G. JEROME NOTES_~ 1, SITE PLAN BY EAST END DRAFTING & DESIGN. 2. THIS PROPERTY IS IN ZONING USE DISTRICT B: FRONT YARD SETBACK' VARIABLE REAR YARD SETBACK 55' SIDE YARD SETBACK 25' (50' BOTH) LOT COVERAGE. $. PARKING REQUIREMENTS RETAIL PARKING = 1 SPACE PER 200 sq ft OF GROSS FLOOR AREA RETAIL PARKING = 2.200±sq ft / 200 = 11 SPACES EMPLOYEE PARKING = 4 SPACES TOTAL REOUIRED SPACES = 15 TOTAL PROVIDED SPACES = 15 GENERAL BUSINESS. LOT CC VERAGE DATA DESCRIPTION AR£A % LOT COV[RAG EXISTING BUILDING 2,579 sq. fi. 11,74X EXISTING GARAGE 576 sq. fl, 2.84~ EXISTING SHED 100 sq, fi, 0.49% PROPOSED ADDITION 1,000 aq, ft. 4,94% TOTAL ~.,055 sq, ft. 20,01% (EXISTING & PROPOSED) Joseph A. Ingegno Land Surveyor Title Sur,,~,s -- Subdlv~io~ -- ~te P~ns -- Cm~tn~Eon ~ PHONE (516)727-2090 Fax (516)722-5093 I