HomeMy WebLinkAbout3467Southold Town Board o£Appenls
MAIN RDAD- STATE RnAD 25 5nUTHRLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, .IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
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. GOERRINGER
CHAIRHAN
lk
cc: Abigail A. Wickham, Esq.
ZBA
MARCH 13, 1986
Page T5.
ROSALIE GOWEN H~.ARING. - Continued
CHAIRMAN GOEHRINGER:
Kidd?
I assume the house is hooked up to Capt.
G. WICKHAM: Yes, it is.
CHAIRMAN GOEHRINGER: Well, we don't know what the Suffolk County
Health Department is saying about Capt. Kidd.
G. WICKHAM: No, we are going to have to go to the Health iDept.
CHAIRMAN GOEHRINGER: Is there any possibility that you co'uld give
them a call and find out the status?
G. WICKHAM: Yes, I can give them a call.
CHAIRMAN GOEHRINGER: Just so we have it for the record, it would
be real helpful. I thank you very much. Anyone else in favor of
the applicatbn? Anyone against the application? Questions from
board members? Hearing no further questions, I make a mot.ion
closing the hearing reserving decision un~il later.
~3474 - At 8:50 p.m. the public hearing in the matter of .i
DAVID .M....~OHNSqN was withdrawn.
Informal discussion by Mr. Cuddy and Ms. Wickham.
Appeal No. 3467 - BARBARA D. SCHRIEVER. Presentation furnishing
reasons, new facts, new evidence, ~-~equest to rehear Appeal
No. 3393 rendered 9/26/85. Not a public hearing.
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 relatio~ to the uses on the bottom floor. The apartment
is to be used by the owner of the building. The f~.~low 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. Cuddyo 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.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
$outhold Town Board o£Appeals
MAIN ROAD- STATE ROAD 2.5 SnUTHDLD, L.I., N.Y. llC:J?l
TELEPHONE (516) 765-1809
March 4, 1986
Charles R. Cuddy., Esq.
Esseks, Hefter, Cuddy & Angel
108 East Main Street, Box 279
Riverhead, NY 11901
Re: Appeal No. 3467 - Barbara D. Schriever (Rehearing Request)
Dear Mr. Cuddy:
In accordance with our telephone conversation recently,
this letter will confirm that you have been allotted an
appointment commencing at 8:25 p.m. on Thursday, March 13,
1986, before the Board of Appeals, to present reasons, new
facts, and/or new evidence in your request under Appeal
No. 3467 for a rehearing of Appeal No. 3393 rendered Septem-
ber 26, 1985. Considering the numerous hearings being held
that evening, the board has requested the presentation be
limited to ten minutes.
As mentioned., this presentation should not be misunder-
stood by the interested parties to be a hearing for
reconsideration.
Yours very truly,
cc: Abigail A. Wickham, Esq.
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
WILLIAM W. ESSEk$
MARCIA Z. HEFTeR
CHARLES f~, CUDDY
STEPHEN R. ANGEL
JAMES U eFFrON
ESSEK$, HEFTER, CUDDY & ANGEL
COUNSELORS At LAw
I O8 EAST MAIN STREET
P. O. Box 279
~:~IVERHEAD, N.Y. 11901
(516) 369-17oo
February 12,
WATER MILL OFFICE
MONTAUK HIGHWAY
P, O. Box 570
WATER MILL, N.Y. 11976
(516) 726 6633
1986
Southold Town Zoning
Board of Appeals
~4ain Road
Southold, New York llqT1
Re: Barbara D. Schriever - Appeal
Dear Board Members:
You will recall that Barbara Schriever appealed to the Board to
permit use of the building on her property on the west side of
Tabor Road at Orient as a machine shop and artist studio (first
floor) and use of the second floor as an apartment. By your
decision dated October ], 1985, a copy of which is annexed to
the present application, you granted her appeal in part but
denied her request [or use of the second floor as a residence.
Ue submit that the ~.~,~,~.qi%J~Al.,~oe of the property '~,~_the light
business district ~s not ggntrary to law and is crucial to the
pr~os,~,~.,~e of the_e. 0tire premises...~,therefore ~.g.~t a
The applicant is also concerned as to the effect of the
requested variance on the existing variance and desires to make
certain that the existing variance expires only upon the
commencement of the use under the requested variance, i.e.,
machine shop, artist studio and residence use.
In order to present our concerns to the Board, we ~ave
requested that this matter be reheard and in this connection
have obtained a moratorium waiver from the Southold 7bwn
Board. For your consideration, we enclose the following
documents and ~.~,~a,K.~. BQ~d rehear~i~..~t~r and grant
the variance as requested.
1, becision Zoning Board of Appeals - October 1,
2. Waiver resolution Southold Town Board;
3. Application in triplicate;
4. Copy of notice of disapproval;
1985;
Southold Town Zoning
Board of Appeals
page -2-
February 12, 1986.
e
6.
7.
8.
9.
Short environmental assessment form;
DEC form letter properly signed;
Six copies of survey;
Check in the sum of $75.00;
Notice to adjoining property owners.
Very truly yours,
Charles ~o Cuddy
CRC :ml
Encs .
JUDITtt T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 20,
1986
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 346? application of
Barbara D. Schriever for a variance. Also included is copy of
ZBA decision,dated Aug. 15, 1985 (Appeal No. 3393), letter from
Esseks, Hefter, Cuddy & Angel, copy of resolution granting waiver
Notice of Disapproval from the Building Department; Short Environ-
mental Assessment Form; letter relative to N.Y.S. Tidal Wetlands
Land-Use; Notice to Adjacent Property Owners; and survey.
Judith T. Terry ~
Southold Town Clerk
'row sou o, ,
A~~t~ECISlON OF BUILDING INSPECTOR
APPEAL NO. '~/-~' ~/
DATE . .~.. ,~..../..~., ../. ~. ~-
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appella,nt Street and Number
............................................................................... .~,_e.~...~.o..[.~. ....... 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
( )
William Schriever
Nome of Applicant for permit
of
q.o......~. ,.....M..a...i..n.....R..o...a..d. ...................... .o...r..i., .e..n., .t. ~. ...................... .N...e..w.....Y...o..r..k.. ..............
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ....~b~...~.Q~ .............................................. ~ ........................
Street Use District on Zoning Map
Section 18 - Block: 05 - Lot 12
Map 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.)
A~t±¢le 100 - 60
3 TYPE OF APPEAL Appeal is made herewith for
(×) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (h~i~) been mode with respect to this decision
of the Building Inspector ot'-w,H'h-re-3-pec-t-te-tl~i.~-p-~epe. H'.y.
Such ~ppeal was ( ) request for a special permit
(~/) request for a variance
and was mode in Appeal No ..... ~.~.:~ ................... Dated .....Q.q..~..o..b...e..~.....]r.~....1...9..8...5. .............................
REASON FOR APPEAL
( ) A VariancetoSection280A Subsection3
(×) A Variance ~o the Zoning Ordinance
()
isrequestedforthereasonthat the 1969 var±a~ce ~erm±ts the operat±o~ of a
contractor's business including re~air of machinery and equipment as well
as the storage of sand and gravel. The variance granted by this Board
in October, 1984 would permit the use of the first floor of the building
for a machine shod and artist's studio, however, it did not Dermit
residential use of the second floor. Purchasers of t~UDDerty propose to
operate a business and studio on the first floor while residing on the
~t~ ZB! (Continueonotherside)
continued ..... (over)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ e~unne~s-
sory HARDSHIP becou~ the uses proposed are in accordance with either the
intent of the proposed master plan or the current zoning ordinance
as contained in the Town Code.
Continuation ...... REASON FOR APPEAL
second floor. Combination of a business - residence is economically neces-
sary, is similar to uses in the surrounding area and is consonant with
the permitted residential use of property in the light business ~ne.
2. The hardshipcreotedis UNIQUEond isnotshared by all properties alike in the immediate
vicinity ofthisproper~y andinthis use district because thecurrent zoning specifically
affects the owner of the parcel and the parcel itself. This zoning
is not a general condition shared by neighboring properties.
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 in industrial in nature.
The proposed uses of machine and woodworking shop and artists's studio
will not alter the character of the area and neither will the use of
the second floor as an apartment or residence.
COUNTY OF Suffolk) Signature
(Barbara D. Schriever)
Sworn to this )/~z_ ~ day of ...........~.~.r...q.~.~f .......................... 19 86.
Notary PuNic
CHARLES R. CUDDY
Nalery Public. State of New
NO. 52-5872226
QUalified InSuffbl~ Coun~
C~mml~ion Ex~irmi March 30, 19 ~-.(~
Southold Town Board of'Appeals
MAIN ROAD- BTATE: ROAD 2,5 E;OUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3393
Application Dated
TO: Charles
for MRS.
August 15, 1985
R. Cuddy, Esq. as Attorney
BARBARA D. SCHRIEVER
Esseks, Hefter, Cuddy & Angel
108 East Main Street, Box 279
Riverhead, NY ll901
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on September 26, ]985,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
IX] 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 ]000
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
submi
that
(a)
single-family residential unit
an existing building located in
trict.
WHEREAS, the board has considered all testimony and documentation
tted concerning this application; and it is noted for the record
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 woodworking and metal shop, (b) an artist studio; (c) a
[apartment] on the second floor of
a "B-Light" Business Zoning Dis-
2. The premises in question is situate along the west side
of Tabor Road commencing at a point approximately ll5 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:
i"orm ZB4
October 1, 1985.
(rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
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
[he 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 c()nditional
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
af 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 (~xisting 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 wilt 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:
1. Any and all future additions, extensions or construction
of building(s) requires formal application to the Board of Appeals
for consideration and review;
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-l" 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.
/~ERARD P. GOE~INGER,~'CHA-~-~'~AN
October l, 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.
1, (We)..B..a..~b.~'~...D.^...~.Q1UC~.V.~r ................ of .....D,q...~..,....M.~$D,...R..Qfl~ ..................................
Name of Appellant Street and Number
..Q~7.$..e.D.~R ............................................................................... .N...e.w....Y..°...r..15. ...... 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
(,/)
William Schriever
Name of Applicant for permit
of
...................... .0...r..i...e..n...t. ,. ...................... .N...e..w.....Y...o..r..k.. ..............
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ....?.~D.~....~,.o.~,0 ............................................... .B. ........................
Street Use District on Zoning Map
Section 18 - Block: 05 - Lot 12
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article 100 - 60
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) (h~i~t) been made with respect to this decision
of the Building Inspector or-w~h--re~ee..t--te-t~-p-fepec-t¥.
Such appeal was ( ) request for (3 special permit
(~/) request for o variance
and was made in Appeal No ..... ~.~.~ ................... Dated ..... .O.~..t..o..b...e..r.....1..~....1...9..8...5. .............................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
×) A Variance to the Zoning Ordinance
)
,s requested for the reason that the 1969 variance permits the operation of a
contractor's business including reoair of machinery and equipment as well
as the storage of sand and gravel. The variance granted by this Board
in October, 1984 would permit the use of the first floor of the building
for a machine shop and artist's studio, however, it did not permit
residential use of the second floor. Purchasers of tbs ~perty propose to
ooerate ~ business and studio on the first floor while residing on the
FOrTh ZBI (Continue on other side)
continued ..... (over)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the uses proposed are in accordance with either the
intent of the proposed master plan or the current zoning ordinance
as contained in the Town Code.
Continuation ...... REASON FOR APPEAL
second floor. Combination of a business - residence is economically neces
sary, is similar to uses in the surrounding area and is consonant with
the permitted residential use of property in the light business
2. The hardshipcreatedis UNIQUEandisnotshared by all properties alike in the immediate
vicinity ofthisprope~y and in this use districtbecause the current zoning specifically
affects the owner of the parcel and the parcel itself. This zoning
is not a general condition shared by neighboring properties.
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 in industrial in nature.
The proposed uses of machine and woodworking shop and artists's studio
will not alter the character of the area and neither will the use of
the second floor as an apartment or residence.
STATE OF NEW YORK ) LL Cj~-'.rgc,d2_~uZ~7
COUNTY OF Suffolk) Signature
(Barbara D. Schriever)
Sworn to this 2"?z- ~ day of ...........F...e.~.r._u..a...r.y .......................... 19 86.
CHARLES P,, CUDDY
Notary Public, State of New York
No. 52-5872225
Qualified inSuffolV, County ~.-/
Commi~ion Expires March 30, 19 :~.2.L
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter oT the Petition of
BARBARA D. SCHRIEVER
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a ~ (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows: at Orient on the west side of Tabor Road, 115 feet + South
of the Main Road being a parcel 123 feet x 186 feet.
3. That the property which is the subject of such Petition is located in the following zoning district:
B Use District
4. That by such Petition, the undersigned will request the following relief: Use of the property
on the first floor for machine and woodworking shop and artists
----s~tldio and &~ ~ Lm~n~. un the second floor.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article VI Section 100-60
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 745-1809.
7. That before the relief sought may be granted, a public hearing must he held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five'days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: February 11, 1986.
/
Petitioner
Owners'Names: Barbara D. Schriever
Post Office Address
Main Road, Orient, N.Y. 11957
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Orient cemetery
c/o Mrs. Lloyd Terry
Main Road, Orient, N.Y.
Mr. and Mrs. Frederick C.
Tabor
Village Lane
Orient, New York 11957
Mr. and Mrs. Ward Tabor
Main Road
Orient, New York 11957
William W. Schriever
Main Road
Orient, New York 11957
Richard Gillooley
20 Route 17
~ ~ ersey
11957
07070
STATE OFNEWYORK)
COUNTY OF SUFFOLK)
SS.:
Ellen Clark , residing at Yapha~k, N.Y.
, being duly sworn deposes and says that on the /4~F,~ day
of Febru. ary , 1 9 8 6 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at Riv~rhead~ N.¥.
(certified) (registered) mail.
Sworn to before me this /Z/'~''/'~
day of February, .19 86
L/ /F' Notary Public '
; that said Notices were mailed to each of said persons by
/ Ellen Clark
L[NDA F. KOWALS~{I'
NOTARY PUSLIC, $~ale o¢ New
No. 52'4~£477i
(This side does not have to be completed on form transmitted to adjoining
property owners.)
FORM NO. 3
TOWN OFSOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated . .~...~..~ ............ 19 .~...~.
for pemfit to .........................................$ . ............
at
Location of Property ........ ) -~'~ ~ .~. ~ ..........
House No. Street Hamlet
County Tax Map No. 1000 Section .... .0. ~ .~ .... Block ..... ~.~. .... Lot ... J .~ .......
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds . . .~.~...'.e~....../O-° ......... - -/O O__.~.,...~... .
~. ~.~..~.~~. ~..%: ~. ~ ~.~. ~. ~.~.~ ....
~~...%..~. ~.,..~.~.~..~.~..~
~~..~.~.-.~-..~.,..~,, ~.~ ~,. ~~..~..~.~ ....
/.~ .-/.~S
Building Inspector
RV 1/80
JUDITIt T. TERRY
TO~¥~ CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 4, 1986::
WHEREAS, Charles Cuddy, Esq., on behalf of Barbara A. Schriever, has requested
that this Board waive the provisions of Local Law No. 14 - 1985 with respect to the
decision of the Town Board on November 19, 1985, and
WHEREAS, Charles Cuddy, Esq. appeared before this Board and explained the nature
of the uses for which the premises are to be used, now, therefore, be it
RESOLVED that the Town Board hereby waives the provisions of Local Law No. 14 -
1985 to allow the applicant to submit an application to the Southold Town Board of
Appeals with respect to the use of said premises located on the west side of Tabor
Road, Orient, subject, however, to the applicant obtaining any and all permits and
approvals required by the Town and other governmental agencies having jurisdiction
thereof.
Judith T. Terry
Southold Town Clerk
JUDITH T. TERRY
TOWN CLERK
I~EGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOP'I~ BY THE SOUTHOLD TOWN
BOARD AT A REGULAR MEETING HELD ON NOVEMBER 19, 1985:
WHEREAS, Charles R. Cuddy, on behalf of Barbara D. Schriever, has requested that
this Boardwaive the provisions of Local Law No. 14 - 1985 with respect to her
application presently pending before the Southold Town Board of Appeals, Southold
Town Planning Board and Southold Town Building Inspector, and
Wt{EREAS, this Board finds that the applicant proposes to establish a machine shop
and artists studio in the first floor of an existing building located on the west
side of Tabor Road, Orient, and
WHEREAS, this Board de~ms such use consistent with the uses in a B-1 District as
proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code
revisions,
NOW, THEPdEFORE, BE IT RESOLVED that the applicant be and she hereby is granted a
waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting
such uses on said premises as set forth in the B-1 District with respect to her
application presently pending before the Southold Town Board of Appeals, Southold
Town Planning Board and Southold Town Building Inspector for an amended variance,
site plan approval and building permit, subject, however, to the applicant obtain-
ing any and all permits and approvals required by all Town and other governmental
agencies having jurisdiction thereof.
dith T. Terry ~/
Southold Town Clerk
--February 11, 1986
(Today's Date)
To:
Re:
Southo!d Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of Barbara. D. Schriever
Location of Property: ~abor Road, Orient, New York
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Re,~uiations, 6 ~;YCRR, Part 661, and Article 25 of the ~;e:.; York
State Environmental Conservation La%.;, please be advised 'that the
subject property iQ the within appeal application:
(pl,.,~_ check one box)
[ ] May be located Within 300 feet of tidal wetlands;
ho~.~ever, constructed alon~ the water-lyinq edqe
of 2his prope~'ty 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-lyinc edge
of this property is a bulkhead in need of~ (minor)
(major) repairs, and aporoximately feet in
length. ' -'
[ ]
( ]
May be located within 300 feet of tidal wetlands;
however, constructed along the %~ater-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located within 300 feet of tid~i wetlands;
and there is no bulkhead or .... ~ , -
ccnc___u wa~! existing
'on the premises.
°Ix ]
not appear to
Is not located within 300 feet of tidal wetlands
to the best .of my knowledge.*
[:~tarred items (*) indicate your property does
fall within the jurisdiction of the N.Y.S. D.E.C.~
Sincerely yours,
(Siguature please)
w(Barhara_D ~ Schri~ver), .
NOTE: If proposed project falls ltNlln O.E.C. jurisdiction,
approval must be received an.d submit~6d to our office before
your application can be scheduled for a public hearing.
· ~:~~"" '. ' l-.'.' ~
~¥-.S. Enviromnental Quality R(:view Act rcctuire,, sub-
mission of Is form, and an environmer: ,1 review will be
made by this~l~oard before any action i~ laken.
(a) In order to answer the questions in thla short EAr Is is esu~ed that the'
preparer will use currentl~ ~vallable ~fo~.~tlcn conceding the ~roJ~c: and %he .
l~aly ~ct~ of the action, I~ i~ noc e~ected Cha~ addl~lor.~l ~udl~, roee~rch
or ct~er /nve~Igatlon~ w~l be ~dcrt~ken. ..
th) If any question ha~ besn answered Yes the project ~y be at,/f/cant'and
. ccmp!eted ~nvlrc~menta[ Asses=~unc Fo~ t~ necencar/.
(c} If all questlono have been an=wered No it 1= 1lkel~ t~t thin project
nc~ =lgniflcan c.
(d) ~viren~ental
~. W~i project reset ia · large physical change
to the project site or physically alter marc
t~un 10 acres of land? , , . , , . . * * Ye~ X
· 2. Will :here h~ a m Jar change to any ~lque or
unusual land fo~ fo~d On th~ site? . _ Yes ,~ No
3- W~i project alter or ~ve a large effect on
an existSng body of water? . . . . . . * Ye~ X
~. W~i project hhvo a potentially large ~c~ on
~o.~dwater quality? ' * ' ' · * · _ Yes x
~. W~I proJec~ si~ificantly'effect dr3inage ~
on adJacen~ sites? * * ' * ' ' * ' Ye3 x
6. Will project affcc: any threatened or endangered
plant or anLvnl 9petitso . .
' · · · . Yes x
7. W~I project reset in a ~ajor adverse effect on
8. W~I project have a ~mJor effect on visual c~
kno~ to be ~portant to thc con, unity? . · · ~ Yes ~ No
9. Will project adversely ~pact any site or sc~c~ ...
ufo of historic, pre-historic, or palbontoio~lcul
lraportance or any site doai~atcd ae a critical
envlro~en~l area by a local ~goncy? · · · Yes ~ No
10. W~i proJeot have a ~mJo~ effect on cxiu%~g or
future recreational opport~ition? · * . _ · Yes .X. }lo
11. Will project result In mmJor traffic problems or
~yatem~? ' ' ' ' ' ' ' ' ' ' Yes x No
12. Will project reg~arl7 cause objectionable odorz,
~olge. 61are~ vibration, or electrical diutur~
ance an a reset or the project's operation? . Yes x
~3. Will project have any l,~p~ct on pub].lc health or
Will project ~ffect the existing co.unity by
directly cauzin< a qrcwth IS ~etr~nnent papule-
period er have a tn jar n,~a~lve effecL on
1~* I~ there pu~i~Ontr~vers7 ccncetn~nK thc pro~c~%~ Y~9 X NO
".r~S:hTI~I~: Barbara D. Schriever D~-r: 2/1] /R6
TOWN OF SOUTHOLD
OFFICE OF BUILDINC- INSPECTOR
Town Clerk's Office
N.Y. 11971
Receipt N o. ~ 1 ~J 3 4 D.te ~_~.~._....~..
~Southold,
Received.._~, . ~ .~. ~'" . "~'-'-'-°f ..~...,...~... ~~~ ~"~
Hca. Louis ~e~arest, Town Justice
glllale La~ of lies
Orten~t ~'.,1,t
Above is espy of rooeipt issued to Willia Sohriever A/C
8oh~tavar oonstmiotiOn es Ins & ~arl;~& ~, ~chriove~ to rsne~ tho
lhiLtdln~ pa.Z~Ltt d~]~lt to oontinue the addition on tho existtnf
8a~d per-it ~ ~Z having expired, it is now renewed
for a~Other yea~tmde~ eurrent regulations.
·oura tl~ly
Inspector
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
nined ...... ~......~..: .... , 19- .
,, ,. z
roved .. ....................................... , 19 ........Permit No....'/. ....... ~ ...............
~pproved a/c .......................... ~...~.~...~.. ..................... . ..............................
............. ......... ....... : .....................
(Building Inspector) (/
Application No.........L/"~.~..~..Z.. .......... ~)
INSTRUCTIONS
This application must be completely filled in by typewriter or in ink and Submitted in duplicate to the Building
~ctor.
Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
~, and giving o detailed description of layout of property must be drawn on the diagram which is part of this application.
The work covered by this application may not be commenced before issuance of Building Permit.
Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit
/ge kept on the premises available for inspection throughout the progress of the work.
No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
have been granted by the Building Inspector.
PPLICATION IS HEREBY MADE to the Building Deportment for the issuance of a Building Permit pursuant to the
Jing Zone Ordinance of the Town of Southold,' Suffolk County, New York, and other applicable Laws, Ordinances or
~lalions, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
al)plicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations.
~j. _'
(Signature of applicant, or name, if a corporation)
(Address of applicant)
whether applicant is owner, lessee, agent, architect, engi'neer, general contractor, electrician, plu,. her or builder.
............................. I ..................................................................
,e of owner of premises C-, . " ~-~..J: r~,
pplicg, nt is a.corporate, siqnature-of duly authorized officer. "~
.... ........
(Name and title of corporate officer)
Location of land on which proposed work will be done Map No.: ........................................ Lot No.: ........................
~- ~ '-~ ~° "~ ' ........~' '...'. ...... /.Y...:~ ..........
Street and Number ... ~ .~..~..g..~ ~ .) ~.~./.~.~ ~J~ ~-'>'
Municipality
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy .............. C..~ j~ .q~....~...~..~..u...'. ~ ........ . .~.~....~....v...~.~. ~_ ....................................................
b. Intended use and occupancy ............ .~..q ~ .¢~..?. ~...C...J.,k V..' ].~ ........... ...~...?:... ~ .~..,¢,..(~ .... . ....
3. Nature of work (check which applicable): New Building .................. Addition .....
Repair .................. Removal .................. Demolitior .............. :... Other Work (Describe) ........................................
Estimated Cost ...........~..~/').~) .......................Fee ..........................................................................................
(to be paid on filing this application)
If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ...........................
If garoge, number of cars ................~..O.~.....KI~.DJ44...~. ................. : ..............................................................................
;. If business, commercial or mixed occupancy, specify nature and extent of each H'pe of use ...~.~,~.t~6..G?.~. ......
/
Dimensions of existing structures, if any: Front ......... ~...( .......... Rear ...... :.......~7:..: ............ Depth .....~.~.. ........
Height ......~..~..! ........ Number of Stories ..... .~..~/..~./../~....(:;r.~.g.....~.F~q~'......~..-~.CS~'.~..~'.,~...h6,,c.f.....~/C. KC~ ..............
Dimensions of same structure with alterations or addmons: Front ....... ~. ...................... R,~ar ............................
Depth ........... ~.~/.~. ............ Height ......... .~.~.( ........... Number of Stories ../.~..g.J..~.~.~.k~..~?~'P
L Dimensions of entire new construction: Front ............ .~../ ................. Rear ......... .~....¢~. ............ Depth ...'~.4~.~ ..............
~ / Number of Stories .......... ~J~ (~...
Height ....:.~.~.~.i ....................................................................................................
) I
' Size of lot: Front ..... /.2.'~.~ ............ Rear ........ /.~ .................Depth ...... /....~..~' ................
/. Date of Purchase ...~..v'..Y'~$~...,~..~...~.-¢ite.~.4/-~0~.~..Name of Former Owner ....-..~.~..~E. tc:.......~....~..~.....~ ................
,. Zone or use district in which premises are situated .................................................................................................
~ Does proposed construction violate any zoning law, ordinance or regulation? ....~..c}k'.X.~..'.h.¢.e....~.~b...~.~.~ .............
~, Name of Owner of premises ..~-..~.C.~.4'...~....~..:.~q/[?..~.~'Address ........ ..-/~...~'/..~...~"~/......~'~'/.6.*..?.. Phone No.?~..~'.Z..2....f(.~
Name of Architect ...................................................... Address ............................................ Phone No .....................
Name of Contractor .,~.~.~.t.~y. '.Eqd......~..U.h4~/n.....~.,....Address ....... ../~...~1../~,......./~..qJ.~/.~.,h.;f-.../-Phone No..?..?:.~..T..~..~.~.~
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-bock dimensions from
party lines. Give street and block number or description according to deed, and show street names and indicate
ether interior or corner lot. ~/_~.~_./?" ,~" ? {P~' /~'
ATE OF NEVV rY, Ot~,,
)UN~ OF .. .~ ........... ~'~' ;- ; ?~;,~,~ ,. ,.. :
......... ' .. ' .~)..~E~[ ...................... being duly sworn, d~oses and says t~t he is the applicant
(Name of individual signing,application) · , ,
.ave named. He is the ~5~X~.~`~.C~K'L~.~[~F.~.~`~.~(.p~..~~.~~ ......
(Contractor, agent, co~orate officer, etc.)
said owner or owners, and is duly authorized to perform or have performed the said work and to ~ke ~d file
is applicatioh; that all statement~ contained in this application are tree to the best of his knowledge and belief; and
at the work will be performed in the manner set fo~h in the application filed therewith.
yarn to before me this
....~... day of....~ ..................... ,
~ ~ , MARY O. KLOS ............ .7~..,.l~:~i:~..~t...t~.~,~.~Z~5.:Z:.'::.: ..............................
.,taw PubIic~~~&~.P. UBL~..~T~ ~YORK (Signature of applicant)
~ ~52-2306925 SUFFOLK OOUN~
r4.~O°io' O0"F... 226.00
8
SI9.10
.9~
5.82°26'50"W.
OIQ, I 5. NT C.F_JN T' ~,L. C.~ ?1 E T E.~Y
OF-
SURVEYED FOP_.
BAP.,BAI x
TOWN OF 50UTHOLD~N~.
VAH TUYL,ISON
L.tCENSED LAND 5UI~VEY'Ot;~.5