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HomeMy WebLinkAbout4723 3~PPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. 4,b~Y~ Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 3, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4723- SOUTHAMPTON LUMBER CORP. 1000-114-11-24.3 STREET & LOCALITY: 13650 Main Road, Mattituck I. BASIS OF APPEAL: The applicant, Southampton Lumber Corporation, applied to the Building Department on December 16, 1998 for new Certificate of Occupancy to, in the applicant's words, "update" the Certificate of Occupancy issued in 1993 (No. Z12023) for a lumber yard and woodworking business. The Building Department on January 13, 1999 issued a Notice of Disapproval which stated that the" application to rs-institute lumber yard in HB Zone use" is disapproved pursuant to Article XXIV, Section 100-242 G of the Southold Town Code which states: "Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use: G. Whenever a nonconforming use of a building or premises has been discontinued for a pedod or mots than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the conforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals." II. REQUESTS MADE BY APPLICANT: 1. In the first application No. 4668, Southampton Lumber Corp. requested permission to reinstate the lumber yard use and woodworking business at 13650 Main Road in the hamlet of Mattituck, NY. Applicant had requested the Zoning Board of Appeals to: Reverse the Building Inspector's determination dated 1/13/99 that the nonconforming use. has been abandoned. In a May 9, 1999 decision, the Board of Appeals denied applicant's request for a determination that the lumber yard oPeration had continued as a nonconforming use, and ruled that such use had been discontinued under Section 100-241 .G. 2. On June 18, 1999 Southampton Lumber Corp. flied a new application for a Use Variance for "building materials storage and sale" pursuant to 100-241-G of the Town Code, which standards are governed by New York Town Law 267-b2. Page 2 - February 3, 2000 ZBA Appl. No. 4723 - Southampton Lumber Corp. Parcel 1000-114-11-23.3 at FtattJtuck III. PROPERTY FACTS/DESCRIPTION: The property is located in the Hamlet Business zone distdct and is bound on the north by Main Road (a/k/a State Route 25); to the west by primarily improved Hamlet Business zoned land, to the east by Residential Office zoned land, improved with a library and church; and to the north of Main Road by Hamlet Business zoned properties, which consists of mixed business and residential uses. The property contains 82,003.63 sq. ft. and is improved with a 31 ft. by 64 ft. two-story brick principal building, which was formedy used for retail sales and office space; and two large concrete block buildings, approximately 167 ft. by 40 ft. and 150 ft. by 64 ft., which were formerly used for lumber storage and woodworking, all in accordance with a survey dated November 30, 1998 prepared by Joseph A. Ingegno submitted with this application. Until 1989, the applicant's property was zoned C-Light Industrial. In 1989, the Town of Southold ' adopted new zoning regulations and new zoning maps and the applicant's property was rezoned HB (Hamlet Business). IV. INFORMATION: 1. The Zoning Board held a public headng on this matter on July 22, 1999. The Board continued deliberations and found Board Members had questions which could not be answered from the record submitted by application. On October 14, 1999, the Board passed a Resolution to reopen the headng for a public headng to be held November 18, 1999, and advertised the Legal Notice of this headng in the official Town Newspaper in accordance with Town Law. 2. Three days before the hearing, November 15, 1999, the applicant, Stephen L. Ham III, forwarded a letter confirming that "Southampton Lumber Corporation has chosen not to participate" in the hearing scheduled for Thursday, November 18, 1999, and Notices required by Chapter 58 of the Town Code were not completed by applicant for certified mailings or posting of a sign at the subject property). The headng was canceled by applicant. 3. After considering deliberations again, action to move forward with a Decision was again not attainable for the same reason for Board Members' questions. 4. In a further effort to provide applicant an opportunity to consider the Board's request to provide and cladfy headng information, necessary for the Board to move forward with a Decision, the Board on November 18, 1999 passed a Resolution re-calendaring the headng to January 13, 2000, with advertising of the Legal Notice to follow applicant's Notices for certified mailings and posting of a sign as required by Chapter 58 of the Town Code for the January Heating. 5. Notice of the headng was forwarded to the applicant on November 22, 1999 and Notice under Chapter 58 was again requested of the applicant. Page 3 - February 3, 2000 ZBA Appl. No. 4723 - Southampton Lumber Corp. Parcel 1000~114-11-23.3 at Mattituck 6. On December 3, 1999 the Board of Appeals received correspondence requesting that the Board to outline questions to be asked if the heating were held in January. 7. On December 30, 1999 the Board's Secretary called the applicant (Stephen L. Ham Ill) to inquire whether the Chapter 58 Notices were completed. 8. The applicant (Stephen L Ham III) again confirmed that the Notices under Chapter 58 would not be done and that further advised the Board Secretary not to advertise the application for a heating, and that the applicant will not participate in a hearing. 9. The January 13, 2000 hearing was not noticed by applicant s required by Chapter 58 of the Town Code, and the heating was canceled. RESOLUTION: With respect to the Application filed by Southampton Lumber Corp. for a use vatianca, the applicant has failed to comply with the procedures of a Zoning Board Use Variance application. The specifics are set forth above. Based on the applicant's intentional and deliberate failure to comply with the application procedure and process and applicant's stated position that it will not and does not intend to comply with same, motion is offered by Chairman Goehtinger, seconded by Member Tortora, to deem this application of Southampton Lumber Corp. (No. 4723) ABANDONED and/or WITHDRAWN. VOTE OF THE BOARD: AYES: Members Goehdnger (Chairman), Tortora, Horning. NAY: Member Collins. (Absent due to illness was Member Dinizio.) This R~esolution was duly adopted (3-1). [~)'IA A. TO-RTORA, Member 2'/4/2000 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, ]ULY 22, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the $OUTHOLD TOWN BOARD OF APPEALS, at the Southold .Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, .1ULY 22, :~999 at the time noted below (or as soon thereafter as possible): 7:45 p.m. Appl. No. 4723 - SOUTHAMPTON LUMBER. This is a request for a Variance under Article XXIV, Section 100-242G, in applicant's request for a lumberyard use which was disapproved _lanuary 12, 1999 for the following reason: "Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, nothing in this Article to the contras, notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals." Location of Property: 13650 Main Road, Mattituck, NY; County Tax Map Parcel 1000-114-11-24.3. Zone District: Hamlet Business. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review dudng regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-:L809. Dated: .lune 28, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski NOTiCE OF PUBLIC HEAliNG SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 18, 1999 NOT~CE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the ~OIJTflOl. I) TOWN BOARD OF AI~I~EAI--~ at the Town Hall, 53095 Main Road, Southold, New York 11971, on TltlIR~DAY, NOVEMBER $.8. $.9(J~ at the time noted below (or as soon thereafter is possible): 6:50 p.m. Appl. No. 4723 - SOUTHAMPTON LUMBER. This is a request for an Use Variance under Article XX]~V, Section 100-242G, to establish lumberyard use in a Hamlet Business (HB) Zone District, based upon the Building Department's 3anuary 12, 1999 Notice of Disapproval for the following reason: "Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, nothing in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals." Location of Property: 3.3650 Main Road, Mattituck, NY; County Tax Map Parcel 1000-114-11-24.3. The Board of Appeals will at same time and place hear all persons or their representative desiring to be heard in the above application or to submit wdtten statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: October 29, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 I'~qR 24 '99 12:07PM 80UTHOLD TONhl HI:~.L 516 76,5 1823 TOWS OF SOU&-uOLD BUILDING i~PARTHKNT SOUTROLD, N.Y. NOTXC~ OF DISAPPltOVAL Tn ~?~..mp~p Luaber Core. P,_~P. L '.hap ...... ~p~pp.l~.JJ9~ .................... ..[~1~/.9.9 ............. DATK: . TAKE IqOTZCE that your application dated ..l~q~qqttqr..I.~ ....... 19YP .... applic~tlon ~nr ISO~OEI~ to ~e-institute Lumber Tmrd use ~n HB Zone Location of Property .. J ~ ....... ~V..a4 ~ ............. ~$q~u~.~ ................ House Bo. Street IL~ulet Subd~vislon ............................... Filed MapNo .......... Lot No ........ is returned berevieh and disapproved on ~he ~ollowlu~ gro,,,~__sl.m..r~.uAn..~ .~Ar~$~A~y .... been dlscoutinued for a period of more than two (2) years or has been changed to a hisher classification or ~o a coufomlu8 use, anything in th~s Article to the contrary notwithstanding, the mmConforminS use o~ such buildiu~ or premise no longer be Pemitted unless a variance there[ore shall have been 8ranted .............................. ............................... by the Board sE Appeals' SUZLDZKO~SFECTQB av 1/80 dUN 1 8 1999 APPE/',I. f:ROM DECISION OF (JUII_I)IIIG IIdSPECTOII. APPEAL biO. I)A I'E .............................. iX) ( ) ( ) TO 111E Z()FIIblC, BOARI)DF APPEALS, FOWI.I OF SOtJ'I'IIOLD, bi. Y. .............................................................. Sheet o.(I I. (Wel Southampton Lumber Carp. oration of .c./9 Matthews & Ham, 45 Hamp,.t..qn Road~ I"k..e of Allpe .hi New York ~ ~ ~ .............. .... ............................ I IEREBY APPEAl_ 1'0 Southampton ...................... ....................................................................... Slolo Municil)ality I lie ZOl'llhl(~, BOARD OF APPEALS I:i~.OM TI IE DECISIObl OF 'ri IE BtJIL()II,I(] IblSPECIOR O1,1 UPDATED CERTIFICATE OF OCCUPANCY . . ...... ~a~Ba~...13.0...k9.9.9 ................ APPLICATION F()R PER'N~h~'14~ ..................................... DA] ED WI IEREBY 'FILE BUILDING IblSPECTOP. DEl.lIED 1'O SOU~HAMPTOH LUMBER CORFORATION ...... I',lal,,e of Applico,t for pem~it / ........................................................................................................ c o Matthews & Ham, 45 Hampton Road, Southampton, NY 11968 Street and J..hmsber Murdcipalily Slale PERMFI' 1-0 USE pEP,~IT FOIl OCCUPANCY 13650 Main Road/]Matt.i.t.u. ck/ HB I. LOCATION OF THE PROPEP, TY .................... District ]000 Section ll4Block 11 Lot 24..3. Curre.t ~,mer Southampton Lumber Corporation .............................................. ]'[~i"~'~"'~>'~ .... Pt'] or Owner Reeve Lumber & Woodworking Co., Inc. Mop No. N/A . - 2. PROVISION (S) OF TIlE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- seclion and Paragraph of Ihs Zo,,ing Ordir,o.ce by .umber. Do not quote the Ordinance.) Article IX Secti0, 100-91; Article ~ZV Section 241-G 3. TYPE OF APPEAL Appeal is ,node herewHh for (please check appropriate box) (X A VARIAI'ICE Io ihe Zonl.g O,di,once or Zol%Jll.~J Map ( A VAP, IANCE due Io lock of access (Slole of New York Town Low Chop. 62 Cons. Lows Afl. 16 Sec. 280A Subsectio- 3 4. PREVIOUS APPEAL A previous appeal (hos)./.ba.s-J-~-I-) been made with respect to Ihis decision oF Ihe B.ih.li.sg Insl)eclor or with respect Io II,is property. S.ch appeal was ( ) requesl for a special iX) request Ior a vt]rionce REASOIq FOIl APPEAl- ( ) A Variance lO Sectto,', 280A Subseclio. 3 (X) A Val{once 1o the Zold.g O~diimnce { ) is re¢lueslecJ for the leoson that Building Inspector and Z6ning Board have dete~ined, that the Appellant has discontinued its use of the subject premises for building materials storage and sale and is not entitled to preserve that use even though a woodworking use was not so discontinued. The only~ remaining way the Zoning Board can restore such use is by way of a variance pursuant to either Section of the Zoning Ordinance referred to in item 2 above. FOR APPEAL I. S'[RICT APPI_ICATIOI'I OF TIlE ORDINANCE would p~odtJce p[oclical dilliculties ar unneces- so~¥11ARDSIIIP becc~use the subject premises and the buildings and improvements thereon, having been used from prior to 1957 until 1993 for building materials storage and sale, became nonconforming in 1989 when the area was re-zoned to a Hamlet Business (Hg) Zone. Appellant has an investment in the buildings and improvements on which it has been unable to realize a reasonable return since prospective purchasers cannot lawfully carry on a building materials business without a variance. Indeed, if Appellant must conform to HB Zone uses, the improvements actually detract from the value of property since a prospective purchaser would have to demolish them before it would be in the position to use the property effectively for a conforming use."Reasonable return" in this instance must be analyzed with regard to a sale of the subject premises since Appellant no longer carries on active business operations and is in the late stages of winding up its affairs. (It has already filed a Certificate of Dissolution with the State of New York and sold a substantial portion of its assets.) Competent financial evidence will be presented at the public hearing demonstrating that this lack of a reasonable return is substantial. 2. Tim hardship creotedis UNIQUE and is not shared by oil properties alike in the immediate vici~tily of lbispropert¥ artd in Ibis t~ss district because the subject premises contain buildings that are designed to accommodate a nonconforming use, building materials storage and sale, and are not readily adaptable to a conforming use. To the best of Appellant's knowledge and belief, there is no comparable situation in this neighborhood where the structures housing the respective uses (whether those uses are conforming or pre-existing non-conforming) are either designed for or well-suited to those uses. 3. The Vurionce would observe the spirit o[ the Ordinance and WO~I_D NOT CHANGE THE CIIARACTER OF THE DISTRICT because the use ~ill include the use of retail business which is already permitted in the HB Zone. Moreover, the premises were used for the same purpose being applied for at the time the Ordinance was adopted in 1957. through the change of zone in 1989 and until 1993 when Appellant ceased its active business operations. Except for repairs that will actually improve the property and neighborhood and the addition of inventory to the site, there will be n'o perceptible change to premises or the neighborhood. 4. The hardship has not been self-created because ib results from a change'of zone to Hamlet Business, rendering its lumber yard use nonconforming, followe~ by the:cessation of that use for legitimate business reasons, factors which the Town has deemed to have resulted in an irreversible abandonment or discontinuance of use. By having a woodworking operation at the site continue after it ceased its building materials business, Appellant did all it could to preserve its nonconforming use. Appellant's predicament results solely from forces beyond it~ control. SOUTHAMPTON LUMBER CORPORATION ) s, ........ COUblTY OF SUFFOLK ) / Signature ....... Stephen L. Ham, III, Vic'e President J,lolo~¥ Public DEIRDRE $. VENABLES NOTARY PUBLIC, Sta~ of New York ~ in S~ffolk Count~ No. 02V~4~8867 C,Q~t~,iO~ F.x~s July 13.,~)Z~) ~'" TOWN OF $OUTHOLD PROPERTY RECORD OWNER. STREET ¥1 LLAGE SUB. LOT ACR. ~" FORMER. /~ a~, RES. LAND ~oo IMP. TYPE OF BUILDING VL. FARM COMM. CB. MIC$. Mkt. Value TOTAL DATE REMARKS AGE BUILDING CONDITION BELOW ABOVE NOR~L Value Per Value Acre FARM Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland - DEPTH House Plot BULKHEAD Total DOCK / TRIM Floors Interior Finish Ext. Walls ~'~'/¢ ~ Heat PLace ~ Rooms 1st Floor Type Roof 2nd Floor '" 4~TOWN OF SOUTHO/.._~I~PROPERTY RECORD CARD ~ STREET VILLAGE DIST. SUB. LOT /O~ER OWNER N I S W ~ ~PE OF BUILDING ~. S~S. VL. FARM CO~&~ ~ MI~, Mkt. V~lu. ~ND IMP. TOTAL DATE R~RKS Tillabl~ FRONTAGE ON WATER W~I~ FRONTAGE ON ROAD ~ DEPTH H~ Plot BULKH~D To~l ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 18, 1999 Zoning Appeal No. 1~723 - Southampton Lumber Corporation Transmitted herewith is Zoning Board Of Appeals Application ~723 - Southampton Lumber Corp. Also included are enclosures as per transmittal letter from Matthews ~. Ham dated June 17, 1999. MATTHEWS & ~IAM ~TTORNE¥S AND GOUNSELORS AT LAW z~5 t{AMPTON ROAD SOUTHA~MPTON, NEW YORK 11968 e-mai[: Matthamcsq @aoLcora June 17,1999 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application of Southampton Lumber Corporation SCTM No. 1000-114-11-24.3 Dear Board Members: In connection with the referenced application, I have enclosed the following: 1. Applicant Transactional Disclosure Form, signed by me as Vice President of the owner. 2. Copy of a Notice of Disapproval, dated January 13, 1999. 3. Appeal from Decision of Building Inspector, duly sworn to by me as Vice President of the owner. 4. Z.B.A. Questionnaire, signed by me as Vice President of the owner. 5. Short Environmental Assessment Form, signed by me as Vice President of the owner. 6. Seven prints of a site plan of the premises prepared by Joseph A Ingegno, dated November 30, 1998. 7. My check to the Southold Town Clerk in the amount of $400. Zoning Board of Appeals June 17, 1999 Page 2 Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for a public hearing. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III Enclosures Lumb'er slumber Mattituck yard plans shelved B G~doJen Groocock The issue-Of whether a lumber sup- ply company will once again spring up n~xi to the librar~ on the Main Road in Mattituck is now so much dead wood. After going back and forth with the Zoning Board of Appeals for nearly a year, it seems that South- amoton Lumber Corp. has abandoned th~building, in a manner of speak~g, for a second time. '' 11 the company's: app~ca- II~el.tO '~Fromyage T'/ Or ~ vgfi~ee tp' Offloa. l y, J ..rmineXt to be "al0an-. '~ {j~,mls- Oioitelli s request' t~. *--~..-e ~vith an tion has ~een aC.-7- ;--- _,; ;._ a tdChni- II~,l - ~ ~t it to tho lI~¢r~pu~ · . doned and/or wRnorawn u,, _ . ILF}. conm-,- - - ' , ; · . ordin to thc ZBA, Utepn.en *m~nile - atrium. ' · to'~b~il0 on the .c~.hty _A_c~_o., fgor the applicant, twice ~l[for a Thc' app!~cat~.C~oa&a(e[[ ' Road and ir, writ?g, '% --" that property o%g,g:; · ' e in two public hearings tMr. CntchogUe ' p~n)y~pat ..__0 me board said ~uld- '. braiding dep~ .~ close to thc clarl~ quesuu . ' rd- ' cottage m .u~: . get, n't be answered by mfo~U?_~st Fork', ~?~0~m vided in the fi~t he~ng m Jm ugm' chi, e~ung ~[~;' r. Also stated the ZBA, ~e . .- ~ m~ing ~'.:,...2~ ~d ~. yea : ........ N noti~ nm~- ,. :c~uircd 3~[~t tu~ ..~.% has been - with letters aha erc~} - y-~- hast put ~%~&~ ~o~:_. *he nubile of thc nearing, ~ thole so ,E~ti~dii~&l~ ,m~C me tnz~}~[~ b~ ~e Town ~de. ex- str~uon as r~u ~ ..... the building ~hole stmct~ ~ ..~ ~wn Code, st ~cr a yem a~, - ' ]u - ~-;*d Southampton tt into compha department thc ZBA gave ~?~: . Lumber a new ccgificate of o~u- : pan~. Use of the site as a lum~r ahead. yard, made nonconfo~g in 1983 '-' .. when ~c area wm rczonCd fr~ Li~t ' ~dl~ust~ to ~amlct Business, had been abandoned for at le~t two ~ ~: it said. ~en the comply applied to ~e ZBA to reverse that decision, thc ~ard instead upheld it. Sou~ampton then applied for a difficult-to-obt~n use va~an~. ~e site w~ an acgVC lumber yad from ~C mid-19~s until D ~ 1993, when Southampton Lumber Com., which had run a branch opera- ' tio;~at the there for about a decade, closed it, citing economic re~On~ ~e ~mpany was reposed last year to be r t~O, negotiating the sale of the property to S~onk Lumber for just under half a 1 ~ ~iliion doll~ b? the s~e was ~ondi- Day tional on the variance. ~e ZBA voted 3 to 1 at its Feb. 3, ~d dinner meeting that the application was dead. Board member Lord Collins cast the dissenting vote, and Jim Din~io w~ ab~nt due to illnes~ Relie~ ZBA-s~le ~ In other zoning newS, a dispute over how close a new ho~e ~n ~ built to . . the edge of a lot ~ solved with alter- nate relief by the ZBA. ~e Gralton~ pl~ning a house for the comer of Skunk ~ne and Sterling Road in Cutchogue, wanted to build within the 15-foot setback re- quirement on ~e . no~h side· But. nei~ ~mpla~ed that ~e struc- ture would be too int~ive. It was a~eed instead ~at ~e Graltons multi build five feet closer to their front yard lot line. Ayes for atrium Because an accessory building ~uld be proved to go back at least 50 years, the ZBA approved Bruno · "-' '~ ~th ' ~,~ ' -: l?ri~at~ Clients umue me~ing i berneen : '" ' atop m ua .. ,, - · ' . The bank you ca Branches in Bn*~a~ptOQ 5 _ton vi~.~8~O . SoutboM 76~1500. O?~ng soon, Southampton 283-1286 ' ~outnamp 6 _ ,: ~ Opponuni~ ~ APPEALS BOARD MEMBER Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (5 l 6) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ~?(r~ep. 115 AGENDA REGULAR MEETING ]ANUARY 13, 2000 6:50 p.m. Call to Order by Chairman. I. POSSIBLE SEORA Reviews: (Pending Member inspections, etc.). Unlisted Action: AppL No. 4778 - Crazy Chinaman Corp. (for apartment use/Sp. Exc.) Type II Actions (setbacks, lot-line variances, accessory uses, lot waiver, height var.) Appl. No. 4775 - Dedth Suthefland (setback/deck) Appl. No. 4776 - David Cichanowicz (lot area) Appl. No. 4777 - Susan and Steven Bloom (for building containing a nonconforming use/renovation, alteration, possible Interpretation). Appl. No. 4779 - David and Ann Coderi (area variance/pool in side yard). II. PUBLIC HEARINGS: (Applicants are requested to submit Affidavits of Mailings, Certified Mail Receipts, Green Signature Cards, Affidavit of Posting before commencing with hearing.) 6:50 p.m. Appl. No. 4766 - James Wheeler. Continued Hearing from last meeting. Rear yard setback of proposed dwelling location at 540 Chestnut Road, Southold. Mr. John Zoumas, Builder-Agent 7:00 p.m. Appl. No. 4775 - Derith Sutherland. This is a request for a variance under Article XXIV, Section 100-244 for approval of the setback of an "as built" deck addition at less than the code requirement of 35 feet. Location of Property: 1230 Waters Edge Way, Southold, NY; County Tax Map Parcel No. 1000-88-3-19. J. Fitzgerald, Agent. 7:05 p.m. Appl. No. 4776 - David Cichanowicz. This is a request for a variance under Article III, Section 100-32, based upon the Building Inspector's October 19, 1999 Notice of Disapproval for the following: Two lots are proposed in this subdivision project containing a size of less than 80,000 sq. ft. each. The property is located in an Agricultural-Conservation Zone District, along the north side of Leslie Road (CTM #1000- 97-10-2) and south side of Main Road or State Route 25 (CTM #1000-85-3-10.2), Peconic, NY. Page 2 - Agenda January 13, 2000 Regular Meeting Southold Tow~ Board of Appeals 7:10 p.m. Appl. No. 4777 - Susan and Steven Bloom. This is an appeal of the December 17, 1999 Notice of Disapproval, requesting an Interpretation and/or Variance under Article XXlV, Section 100-245 with respect to applicant's request to amend building permit No. 26151 issued November 12, 1999 for renovations to accessory building containing nonconforming "sleeping quarters use." The reason stated in the Building Inspector's Notice of Disapproval is that applicants' request to "repair foundation to include 'substantial renovation of structure' is not permitted pursuant to Article X~IV, Section 100-243A. Proposed construction constitutes a renovation prohibited by this section." Location of Property: 7800 Peconic Bay Boulevard, Laurel, NY; County Parcel No. 1000-126-11-15. Patricia Moore, Esq. 7:30 p.m. Appl. No. 4778 - Crazy Chinaman Corp. This is a request for a Special Exception under Article VII, Section 100-71 B(5) for permission to establish apartment use over an existing professional office, pursuant to Article IX, Section 100-91(B)(4) of the "B- General Business District." Location of Property: 11775 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-141-4-36. William Goggins, Esq. 7:35 p.m. Appl. No. 4779 - David and Ann Corieri. This is a request for a variance under Article III, Section 100-33 based upon the Building Inspector's November 8, 1999 Notice of Disapproval. The variance requested is to locate a swimming pool in a side yard area rather than the required rear yard or front yard of this waterfront parcel known as 412 Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-7-9.2. PLEASE NOTE THAT THE FOLLOWING HEARINGS SCHEDULED FOR THIS EVENING WERE CANCELED BY APPLICANTS: Appl. No. 4723 - Southampton Lumber Co. Appl. No. 4765 - Frank Field Realty. III. POSSIBLE DELIBERATIONS/DECISIONS: (from above and carryovers). Applications from above hearing list as determined by Board Members. Carryovers from prior hearing list: (Appl. No. 4723 - Southampton Lumber Co. - Possible Discussion. Possible deliberations/action). [*age 3 - ,~,genda January 13, 2000 Regular Meeting ~puthoid Town Board of Appeals IV. RESOLUTIONS/CORRESPONDENCE/OTHER UPDATES: A. Code Committee Meeting:~'~.~~' ~:~s~r~ ,//¢ B. Inspections and assignments regarding pending applications. C. RESOLUTION approving Minutes for December 14, 1999 Regular Meeting. D. Next Meeting: Special Meeting Wed., 1/19/99 or as determined by Chairman. E. RESOLUTION: Accepting applicant's request to withdraw Appl. No. 4765 - Frank Field Realty Project at Greenport and recommend refund of $400 to Kiwanis Club. F. V. EXECUTIVE SESSION (none as of 1/5/00). OFFICE OF BOARD OF APPEALS Southold Town Hall 53095 Main Road 765-1809 ZBAtel. P.O. Box 1179 765-9064 ZBAfax. Southold, NY 11971 INTER-OFFICE MEMORANDUM TO: ZBA CHAIRMAN AND MEMBERS FROM: ZBA OFFICE DATE: DECEMBER 30, 1999 SUB J: APPL. #4723 - SOUTHAMPTON LUMBER CO. (Update) This will confirm that Mr. Ham called ZBA office back this morning and confirmed that the Legal Notice for the January 13, 2000 not be published considering the following reasons given: a) That Henry Saxstein, Esq. is the attorney for the purchaser and that he left a message with Mr. Saxstein's Office asking if he wished to proceed, and Mr. Ham said Mr. Saxstein did not get back to him with an answer. Mr. Ham also said that both the seller and purchaser would have to agree to participate in the hearing, and that the seller will not agree. b) That the applicant is not participating and therefore will not provide the notices of mailings and posting of a sign at the property (pursuant to Ch. 58 of the zoning code). c) That it is his position that the ZBA record contains ample information for the Board to make a favorable decision, he said. d) That he was surprised that the Board adopted a Resolution calendaring the application for January 13, 2000. e) That he did not receive a reply from the Board to his recent letter and he wants to know the area being addressed at the January hearing, before he would agree to participate in the hearing, he said. C:\WINDOWS\DESKTOP\NOTICES and AGENDAS~2000 Meetings~southampton Lumber Dec 30 Update.doc LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 13, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, JANUARY 13, 2000 at the times noted below (or as soon thereafter is possible): 6:50 p.m. Appl. No. 4766 - James Wheeler, Continued Hearing from last meeting. Rear yard setback of proposed dwelling location at 540 Chestnut Road, Southold. 7:00 p.m. Appl. No. 4775 - Derith Sutherland. This is a request for a variance under Adicle XXIV, Section 100-244 for approval of the setback of an "as built" deck addition at less than the code requirement of 35 feet. Location of Property: 1230 Waters Edge Way, Southold, NY; County Tax Map Parcel No. 1000-88-3-19. 7:05 p.m. Appl. No. 4776 - David Cichanowicz. This is a request for a variance under Article Ill, Section 100-32, based upon the Building Inspector's October 19, 1999 Notice of Disapproval for the following: Two lots are proposed in this subdivision project containing a size of less than 80,000 sq. ft. each. The properly is located in an Agricultural- Conservation Zone District, along the north side of Leslie Road (CTM #1000-97-10-2) and south side of Main Road or State Route 25 (CTM #1000-85-3-10.2), Peconic, NY. 7:10 p.m. Appl. No. 4777 - Susan and Steven Bloom. This is an appeal of the December 17, 1999 Notice of Disapproval, requesting an Interpretation and/or Variance under Article XXtV, Section 100-245 with respect to applicant's request to amend building permit No. 26151 issued November 12, 1999. The reason stated in the Building Inspector's Notice of Disapproval is that applicants' request to "repair foundation to include 'substantial renovation of structure' is not permitted pursuant to Article XXIV, Section 100-243A. Proposed construction constitutes a renovation prohibited by this section." Location of Property: 7800 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126- 11-15. 7:30 p.m. Appl. No. 4778 - Crazy Chinaman Corp. This is a request for a Special Exception under Article VII, Section 100-71B(5) for permission to establish apartment use over an existing professional office in this "B-General Business" Zone District, pursuant to Article IX, Section 100-91(B)(4). Location of Property: 11775 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-141-4-36. Page 2 - Legal Notice Public ttem'li~g~ for Jrmua3~ 1,3, 2000 Soutt~old Toma Board of Appeals 7:35 p.m Appl. No. 4779 - David and Ann Corieri. This is a request for a variance under Article III, Section 100-33 based upon the Building Inspector's November 8, 1999 Notice of Disapproval. The variance requested is to locate a swimming pool in a side yard area rather than the required rear yard or front yard of this waterfront parcel known as 412 Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-7-9.2. OTHER NOTICES: Appl. No. 4765 - Frank Field Realty.. The public hearing for 7:40 p.m. has been canceled by applicant and Applicant has withdrawn its application. Appl, No. 4723 - Southampton Lumber Co. The public hearing scheduled for 6:45 p.m. was canceled by applicant. The Board of Appeals will at same time and place hear individuals and group representatives desidng to be heard in the above applications or to submit wdtten statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 30, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski NOTICE OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 13, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY~ JANUARY 13, 2000 at the times noted below (or as soon thereafter is possible): 6:30 p.m. Appl. No. 4766 - James Wheeler. Continued Hearing from last meeting. Rear yard setback of proposed dwelling location at 540 Chestnut Road, Southold. 6:35 p.m. Appl. No. 4775 - Derith Sutherland. This is a request for a vadance under Article XXIV, Section 100-244 for approval of the setback of an "as built" deck addition at less than the code requirement of 35 feet. Location of Property: 1230 Waters Edge Way, Southold, NY; County Tax Map Parcel No. 1000-88-3-19. 6:40 p.m. Appl. No. 4776 - David Cichanowicz. This is a request for a variance under Article III, Section 100-32, based upon the Building Inspector's October 19, 1999 Notice of Disapproval for the following: Two lots are proposed in this subdivision project containing a size of less than 80,000 sq. ft. each. The property is located in an AgriCUltural- Conservation Zone District, along the north side of Leslie Road (CTM #1000-97-10-2) and south side of Main Road or State Route 25 (CTM #1000-85-3-10.2), Peconic, NY. 6:~,~p.m. Appl. No. 4723 -~ This is a request for an Use ×Variance uno~ Article XXIV, Section ~1~0-242G, to establish~lumberyard use in a Hamlet '~Business (NB) L~ne District, based upon~e Building Departme~r~'s January 12, 1999 Notice of Disap. proval. T~e~reason stated in the N~ce °' Disappr°~'al ,s~that: ~ Whenever a flo, nconforming use of a b~ding or premises ha§been discontinued for ,.~.~ a pedod of more~t~n two (2) years °r baleen changed t° a~l~er classificati°n ~ or to a conforming u~s~ nottY~ng in this Adicte~to the contrary notW~anding, the · nonconforming use of sbch building or premises~hall no longer be perrf~ed unless a variance therefor shall ha been granted by the oard of Appeals." ~ Location of Property: 13650 Mai Mattituck; County Parcel No. 1000-114-11-24.3. 7:10 p.m. Appl. No. 4777 - Susan and Steven Bloom. This is an appeal of the Building Inspector's December 17, 1999 Notice of Disapproval for an Interpretation and/or Vadance under Article XXlV, Section 100-245 with respect to applicant's request to amend building permit No. 26151 (issued November 12, 1999 for repair of foundation on existing cottage)· The reason stated in the Notice of Disapproval is that applicants' request to "repair Page 2 - Legal Notice Public Hearings for January 13, 2000 Southold Town Boa. rd of Appeals foundation to include 'substantial renovation of structure' is not permitted pursuant to Article XXIV, Section 100-243A. Proposed construction constitutes a renovation prohibited by this section." Location of Property: 7800 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-15. 7:30 p.m. Appl. No. 4778 - Crazy Chinaman Co_rE. This is a request for a Special Exception under Article VII, Section 100-71B(5) for permission to establish apartment use over an existing professional office in this "B-General Business" Zone District, pursuant to Article IX, Section 100-91(B)(4). Location of Property: 11775 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-141-4-36. 7:35 p.m. Appl. No. 4779 - David and Ann Coded. This is a request for a vadance under Article III, Section 100-33 based upon the Building Inspector's November 8, 1999 Notice of Disapproval. The vadance requested is to locate a swimming pool in a side yard area rather than the required rear yard or front yard of this waterfront parcel known as 412 Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-7-9.2. 7:40"~m. Appl. No. 4765 - Fra._.._~n Applicant is requesting Variances from the Zoning'~rdinance: (1) under Article III-A n 100-30A, to add another dwelling on this 22,526+- s~ft. parcel known as 465 Brown ~.,Greenport; (2) under Article III-A, Section 100.30A, to'~emove prior ZBA Conditions set fO~ in Appeal No. 3303 issued , February 14, 1985 whic~ restricts the property from adding an'e, ther dwelling; and (3) under ~'~'~.,,'~ Article IliA, 'Section 100-~A.2(1), and Article XXIV, SeCtion 1~-244B, based upon the ~ ~'/ fa~ and a separate tw~f~.m _ ~ii " pro~ has front yard setba~of 22 feet and aside yard of 13 fe~t, lot is .. Location ~ also shown on the Map o~ Greenport Ddving Park as Lot Ref. Nos. 26, 28, 59, and 60, Greenport, Town of Southold, NY; County Parcel No. 1000-48-3-20,1. Pa~ ~ - I~ No6c¢ Public Hearings for January 13, 2000 Southold Town Board of Appeals The Board of Appeals will at same time and place hear individuals and group representatives desidng to be heard in the above applications or to submit wdtten statements before the hearing is concluded. Each hearing will not start eadier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 24, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPF_.ALS THURSDAY, JANUARY 13, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public headngs by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, JANUARY 13, 2000 at the times noted below (or as soon thereafter is possible): 6:50 p.m. Appl. No. 4766 - James Wheeler. Continued Hearing from last meeting. Rear yard setback of proposed dwelling location at 540 Chestnut Road, Southold. 7:00 p.m. Appl. No. 4775 - Derith Sutherland. This is a request for a variance 'F C- under Article XXIV, Section 100-244 for approval of the setback of an "as built" deck addition at less than the code requirement of 35 feet. Location of Property: 1230 Waters Edge Way, Southold, NY; County Tax Map Parcel No. 1000-88-3-19. 7:05 p.m. Appl. No. 4776 - David Cichanowicz. This is a request for a vadance under Article III, Section 100-32, based upon the Building Inspector's October 19, 1999 Notice of Disapproval for the following: Two lots are proposed in this subdivision project containing a size of less than 80,000 sq. fl. each. The property is located in an Agricultural- Conservation Zone District, along the north side of Leslie Road (CTM #1000-97-10-2) and south side of Main Road or State Route 25 (CTM #1000-85-3-10.2), Peconic, NY. 7:10 p.m. Appl. No. 4777 - Susan and Steven Bloom. This is an appeal of the ~i') December 17, 1999 Notice of Disapproval, requesting an Interpretation and/or Vadance under Article XXlV, Section 100-245 with respect to applicant's request to amend building permit No. 26151 issued November 12, 1999. The reason stated in the Building Inspector's Notice of Disapproval is that applicants' request to "repair foundation to include 'substantial renovation of structure' is not permitted pursuant to Article XXIV, Section 100-243A. Proposed construction constitutes a renovation prohibited by this section." Location of Property: 7800 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126- 11-15. 7:30 p.m. Appl. No. 4778 - Crazy Chinaman Corp. This is a request for a Special Exception under Article VII, Section 100-71B(5) for permission to establish apartment use over an existing professional office in this "B-General Business" Zone District, pursuant to Article IX, Section 100-91(B)(4). Location of Property: 11775 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-141-4-36. Page 2 - Leg~ Notice Public Heatings for Janua~ 1,3, 2000 Southold Town Board of Appeals 7:35 p.m. Appl. No. 4779 - David and Ann Corieri. This is a request for a variance under Article Ill, Section 100-33 based upon the Building Inspector's November 8, 1999 Notice of Disapproval. The variance requested is to locate a swimming pool in a side yard area rather than the required rear yard or front yard of this waterfront parcel known as 412 Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-7-9.2. OTHER NOTICES: Appl. No. 4765 - Frank Field Realty.. The public hearing for 7:40 p.m. has been canceled by applicant and Applicant has withdrawn its application. Appl. No. 4723 - Southampton Lumber Co. The public hearing scheduled for 6:45 p.m. was canceled by applicant. The Board of Appeals will at same time and place hear individuals and group representatives desidng to be heard in the above applications or to submit written statements before the headng is concluded. Each headng will not start eadier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 30, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski NL~T~rX~ws & Hz.~ ~.TTORNEYS AND {~0UNSELORS AT LAW 4.5 I~AMPTON ROAD SOUTHA31PTON, NEw YORK 11968 e-mail: Matthame.sq @aol.com December 3, 1999 BY FACSIMILE 765-9064 Board of AppeaLs Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application of Southampton Lumber Corporation Dear Board Members: I have been asked by certain members of the Board of Directors of Southampton Lumber Corporation to respond to your resolution adopted November 18, 1999 concerning the referenced application. We believe that ample evidence was presented at the hearing in July by our president, Merrill Becker, and our expert, Andrew Stype, concerning the listing history and the unfeasibility of conforming uses at our Mattituck yard. In addition to their direct testimony, those gentlemen were prepared to and did answer many questions. (Indeed, Mr. Becker had appeared and testified on substantially the same issues at the hearing in March.) Therefore, before we consent to participate in a new hearing on January 13, 2000 by complying with relevant notice and posting requirements, we request that you advise us specifically of the questions you have which you believe to be inadequately addressed in the hearing transcript and written record concerning our application. If that is not possible, then we ask that you at least outline generally the areas of inquiry you intend to pursue. Finally, I direct your attention to subsection 8 of Section 267-a of the Town Law which requires a zoning board of appeals to render its decision within sixty-two days after the conduct of the public hearing unless that deadline is extended by mutual consent with the applicant. Southampton Lumber has been most cooperative with you about Board of Appeals Page 2 December 3, 1999 extending the deadline for a determination but the last such extension was only to October 21. Now you have adopted a resolution which does not even state with certainty that we will have a decision by January 13, 2000! That resolution provides in part that, "if Notice is not complied with, the Board on its own motion, may render a Decision" (emphasis added). I look forward to receiving your response to my comments in due course. Very truly yours, Stephen L. Ham, III SLH/cvh ' APPEALS BOARD MEMBERS Gerard P. Gochringcr, Chairman James Dinizio, .Ir. Lydia A. To,ora R E CE IVL~Da ~f~.n~i LED BY ~eor~e .ornlng THE SOUTiiCID TO {(N CLEEX Tow~ O~erk, Tcwn o~ ~c~t~oH BOARD OF APPEALS TOWN OF SOUTHOLD RESOLUTION NOVEMBER 18, 1999 REGULAR MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 WHEREAS, in reviewing the record at the commencement of deliberations under Appl. No. 4723, Members of the Zoning Board of Appeals raised questions and found that answers were not in the hearing transcript or written record; WHEREAS, it is the position of Board Members that the applicant should be given an opportunity to provide and to clarify information with regard to questions under Appl. No. 4723, WHEREAS, action to move forward with a Decision was not attainable; WHEREAS, on October 14, 1999, a Resolution was adopted to reopen the hearing of Appl. No. 4723 and calendar same for a public hearing to be held November 18, 1999 for the purpose of giving applicant an opportunity to provide sufficient information needed to clarify the record; WHEREAS, said hearing was advertised as required by New York Town Law and Chapter 58 of the Code of the Town of Southold, with the date, time, place of the hearing, and description of the project; and proof of said newspaper publication has been received; WHEREAS, the Applicant was given notice of the hearing and was requested to comply with Chapter 58 of the Code of the Town of Southold; WHEREAS, Applicant by its Attorney has confirmed that they "will not participate" in a hearing process scheduled for November 18, 1999 and that Notice was not completed by Applicant (for certified mailings or posting of a sign at the subject property) as required under Chapter 58; NOW, THEREFORE, BE IT RESOLVED, that the November 18, 1999 hearing is re- calendared to the January Regular Meeting of the Board, January 13, 2 0 0 0 and after applicant has furnished Proof of Notice as required by Chapter 58 of the Town Code of the Town of Southold for the January Hearing, publication of the Legal Notice shall follow as required by law; and if Notice is not complied with, the Board on its own motion, may render a Decision. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS, and HORNING. This Resolution was duly adopted (5-0) and shall be filed with the Office of the Town Clerk. .--'"'i <-? GERARD P. GOEHRINGER< ATTORNEYS AND 00LrNSELORS AT LAW 4§ HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 c-mail: Ma~lhamcsq ~aoL¢om November 15, 1999 BY FACSIMILE TO 765-9064 Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application of Southampton Lumber Corporation Dear Board Members: As I advised Mrs. Kowalski on Friday, Southampton Lumber Corporation has chosen not to participate in the re-hearing of its use variance application which you had scheduled for Thursday, November 18. Accordingly, please make your determination with respect to its application on the record established at or in connection with the public hearing on July 22, 1999. SLH/cvh Very truly yours, Stephen L. Ham, III ORIGINAL BY REGULAR MAIL BOARD OF APPEALS SoutSa~r2~n Southold, NY 11971 765-1809 fax 765-9064 MEMO TO THE FILE from Chairman and Staff Re: Southampton Lumber Property at Main Road, Mattituck A 4-page Petition of signatures in favor of the Southampton Lumber Project was delivered October 5, 1999 by Mr. Edward Siegman to the ZBA office today. Under policy of procedures, the petition was photocopied and distributed (processed as a general correspondence item), then placed in the 1999 Correspondence - General Tnfo" file rather than the application files for the following reason: The hearing record was concluded and sealed on ]uly 22, 1999, pending the time pealed for deliberations and determination by the Board. Information received after the close of a hearing is not entered into the permanent application file. ZBA Chairman and Office Staff 10/12/99 ~Ith th~onstant increase in Sou Taxes the time has come for our representatives to stop giving legitimate business a hard time and permit some of them to open in : '~u~hold. It can be controlled that it does not become a Route 58. Th~ need for business to h~lp pay the taxes in our town is necessary to tsWe some of the burden off of the homeowner. There can be no harm in Southhampton Lumber re- opening in Mattituck. It was a lumber yard for years and did not create a problem in that area NAME I J;X.iAI. ADI)RESS ~ith thOonstant increase in South~_d Taxes the time has come for our representatives to stop giving legitimate business a hard time and permit some of them to open in Bouthold. It can be controlled that it does not become a Route 58. Th~ need for buslness to h~lp pay the taxes in our town is necessary to take some of the burden off of the homeowner. There can be no harm in Southhampton Lumber re- opening in ~attituck. It was a lumber yard for years and did not create a problem in that area NAME I.I:C, AI. ADI)RI.SS ~ith th~ ~t increase in South~d Taxes the time has come for our representatives to stop giving legitimate .business a hard time and permit some of them to open in S0uthold. It can be controlled that it does not become a Route 58. Th~ need ~or business to h~lp pay the taxes in our town is necessary to take some of the burden off of the homeowner. There can be no harm in Southhampton Lumber re- opening in ~attituck. It was a lum~er yard for years and ~' did not create a problem in that area NAME I,L£,AI. ADI)RESS has come for our representatives to stop giving legitimate business a hard time and permit some of them to open in Southold. It can be controlled that it does not become a Route 58. Th~ need ~or business to h~lp pay the taxes in our town is necessary to take some of the burden off of the homeowner. There can be no harm in Southhampton Lumber re- opening ~n ~attituck. It was a lumber yard for years ~nd did not create a problem in that area NAME I~I:,(JAI. A DI)P, ESS SEP-50-1999 15:14 ATTOIL'~EY$ ~ND C0(~,~L0r~$ AT 45 H~-~fPf0~ ROAD $0U?~TON, NBw Y0~E 11968 BY FACSIMILE TO 765-9064 Board of Appeals Town of 8outhoid P.O. Box 1179 Southold, NY 11971 Re: Dear Board Members: September 30, 1999 Application of Southampton Lumber Corporation I understand from your office that you may or may not reach a determination concerning the referenced application at tonight's meeting and that your next meeting will not be held until October 14. On behalf of my client, I hereby consent to a further extension of the deadline for your determination to October 21, 1999. Very truly yours, Stephen L. Ham, III SLH/cvh TOTAL P.01 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins ~] George Homing BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECI~- MEETING THURSDAY, SE~'i ~-MBER 30, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 A Special (Open) Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, Sep- tember 30, 1999, commencing at 5:30 p.m. This Meeting replaced the former Regular Meeting of September 16, 1999, which was canceled due to Hurricane Floyd in the area. Present were: Gerard P. Goehdnger, Chairman .lames Dinizio, .ir., Member Lydia A. Tortora, Member George Homing, Member Lora S. Collins, Member Unda Kowalski, Secretary to ZBA 5:30 p.m. Chairman Goehdnger called the meeting to order. The Chairman proceeded with the first item on the Agenda as follows: Id I. DELIBERATIONS/DECISION: Pending Appl. No. 4723 - Southampton Lumber Co. / At the beginning, the Chairman asked whether any Board Member wished to speak.( Members Collins, Torb3ra and Dinizio each spoke individually. Member Collins indicated a "7 draft from the prior meeting, for approval, was prepared for discussion. Member Tortora ~ indicated another draft was prepared for discussion tonight. It was agreed to continue ~ iscussions later after the heatings are held tonight on other matters. ~/ II. SEQRA updates: RESOLUTION: On motion by Chairman Goehdnger, seconded by Member Collins, it was RESOLVED, to declare the following SEQR actions and declare Negative Declarations for each of the applications as submitted: Unlisted Actions: W. Rich Ill - pool on lot without principal use. H. Raynor - lot area variance for second use. M. Peters - lot coverage variance. Page 2 - Minutes Meeting held September 3~999 Southold Town Board of Appeals Type I! Actions (setbacks, lot-line variances, accessory uses) G. and .1. Braun - side yard setback. C. Emery - bluff setback. M. Thomson - accessory use. E. and J. Dart - lot line adjustment. M. Peters - setback from rear line. A. Krupsld - setback from rear line. P. and D. Pfening - barn location. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. III. PUBLIC HEARINGS: 5:54 p.m. Appl. No. 4702 - DAN AND MADELINE ABBOTT. (Continuation from ]july 22, 1999). Request for a Lot Waiver under Article II, Section 100-26 for a substandard vacant lot referred to as 355 Pine Place, East Marion, Map of Gardiners Bay Estates, NY, identified on the Suffolk County Tax Maps as Distdct 1000, Section 37, Block 4, Lot 14. This request is based on an application for a building permit and the Building Department's February 11, 1999 Notice of Disapproval which states that Lots 14 and 15 in Distdct 1000, Section 37, Block 4, have merged under Artide II, Section 100-25A, due to common ownership at any time since ]july 1, 1983. The adjoining lot 1000-37-4-15 is improved with a dwelling and is referred to as 435 Pine Place, East Madon, NY. Eugene Bamosky, Esq. spoke in behalf of the applicant. After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Tortora, and duly carded, to CLOSE the hearing pending deliberations. This Resolution was adopted by unanimous vote (5-0). 5:57 p.m. Appl. No. 4739 - .1OANN and WILLIAM RICH III. This is a request for a Variance under Artide III, Section 100-31C.4 for the use and location of an accessory swimming pool, constructed under Building Permit No. 18782, at 1105 Orchard Street, Odent; Parcel Nos. 1000-25-2-20.17 and 19.1. This appeal is based upon the July 28, 1999 Notice issued by the Building Depa~b~ent, disapproving an application for a Certificate of Occupancy, for the following reasons: "Swimming pool or tennis court incidental to the residential use of the premises and not operated for gain_subJect parcel does not contain a principal residential use. Original permit for pool (#18782) was issued based upon a survey indicating that this lot had been merged with the neighboring residential lot, these lots were separated by ZBA in Appeal #210~ dated March 26, 1976 and have not merged." Pa~e 3 - Minutes ~ NeeUng held September 31~999 Southold Town Board of Appeals William Rich, Esq. appeared in behalf of his application. After receiving testimony and answers to questions, motion was made by Chairman GoehringeG seconded by Member Homing, and duly carded, to CLOSE (condude) the headng. This Resolution was duly adopted by unanimous vote (5-0). 6:25 p.m. Appl. No. 4740 - GEORGE and 3EAN BRAUN. This is a request, based upon the 3uly 22, 1999 Building Inspector's Notice of Disapproval, for a Variance under Article IH-A, Section 100-30A.4 for approval of a side yard location of the existing accessory garage due to the proposed construction of an addition to dwelling. Existing garage is currenUy in the rear yard. 2005 Bay Shore Road, Greenport; Parcel 1000-53-4-11. Robert Grigonis (~ontractor) appeared in behalf of the application. After receiving testimony, motion was made by Chairman Goehringer, seconded by Members Tortora, and duly carried, to CLOSE (conclude) the hearing. This Resolution was duly adopted by unanimous vote (S-O). 6:28 p.m. Appl. No. 4741 - CHRISTOPHER EMERY. Applicant's request for a Variance is based upon the August 13, 1999 Notice of Disapproval, and Article XXIII, Section 100-239.4A.1, for a proposed location of an accessory swimming pool in the rear yard with a setback of less than 100 feet from the top of the bluff or bank of the Long Island Sound. 2735 Soundview Avenue, Mattituck; Parcel 1000-94-1-13. Christopher Emery appeared in behalf of his application. After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Collins, and duly carded, to CLOSE (condude) the headng. The Chairman asked Mr. Emery to arrange to have the green signature cards submitted for the permanent record under Ch. 58 (Notice Requirements). 6:35 p.m. Appl. No. 4742-SE - NARY ELLEN WHI'FI-ET THOMSON. Applicant requests a Special Exception under Article III, Section :1.00-31B(13) for approval of ~as built" Accessory Apartment use, in conjunction with applicant-owner's occupancy of her residence at 6230 Peconic Bay Boulevard, Laurel, NY; Parcel 1000-128-2-3. Gary Olsen, Esq. appeared with Ms. Thomson. Mr. Bill Koster appeared with a question concerning owner- occupancy and whether someone has to resubmit when the property changes ownership. The Chairman replied that a new application is required the way the current Code is written. After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Tortora, and duly carded, TO CLOSE (conclude) the hearing. This Resolution was unanimously adopted (5-0). 6:47 p.m. Appl. No. 4744 - EDWARD and .1UDY DART. This is a request for Variances under Article L[, Section 100-23-C pursuant to a Notice of Disapproval issued SelYmmber 1, 1998, and applicants' request for a change in lot dimensions with respect to lot(s) A and B wl~ Insufficient lot area, depth and width (area less than 40,000 sq. tr., lot depth at less than 250 feet, and lot width at less than 175 feet In this R-40 Zone District). Location: East Side of Peconic Lane and the South Side of North Road (C.R. ~8), Peconic, NY; Parcel No. 1000-74-3-15. Mr. Edward Dart spoke in behalf of his application. After receiving testimony, motion was made by Chairman Goehringer, seconded by Page 4 - Minutes Meeting held September 3~999 Southold Town Board of Ap-peals Hernber Collins, and duly carried, to CLOSE (conclude) the hearing. This Resolution was unanimously adopted (5-0). 6:56 p.m. Appl. No. 4745 - MARY 30 PETERS. This is a request for a Variance under Article III-A, Section 100-30A.3, based upon the 3une 24, 1999 Building Depa[[,[,ent's Notice of Disapproval, for approval of the location of an "as built" addition with lot coverage in excess of the 20% code limitation and with a rear yard at less than the code requirement of 50 feet. Location of Property: 5035 Peconic Bay Boulevard, Laurel; 1000-128-1-15. Mr. 3oseph Orr and the owner, Mrs. Mary 3oe Peters Orr appeared, and Mr. Orr spoke in behalf of the application. After receiving testimony and answers to questions, motion was made by Chairman Goehdnger, seconded by Member Horning, and duly carried, to CLOSE (conclude) the hearing. This Resolution was unanimously adopted (5-0). 7:05 p.m. Appl. No. 4746 - ALBERT 3. KRUPSK~. This is a request for a Variance under Article III, Section 100-33B based upon the August 24, 1999 Building Department's Notice of Disapproval, for approval of the location of an "as built" accessory building with a rear yard setback at less than the code requirement of three (3) f~et. Location of Property: 36050 C.R. 48 (North Road), Southold; 1000-69-4-6. Albert Krupsld, .]r. appeared in his father's behalf. (No objections were received from neighbors.) After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Tortora, and duly carded, to CLOSE (conclude) the headng. This Resolution was unanimously adopted (5-0). 7:10-7:19 p.m. A short break was taken. 7:19 p.m. Motion was made by Member Tortora, seconded by Member Dinizio, and duly carded, to reconvene. This Resolution was duly adopted (5-0). 7:19 p.m. RESOLUTION: The next hearing was cancelled due to lack of compliance with Notice Requirements under Ch. 58 of the Code. Appl. No. 4685 - ~. This application involves a request under Zoning Code Chapter 100, Article III, Section 100- 31C(2) based upon the October 20, 1998 Notice of Disapproval (updated 3anuary 27, 1999) for a variance to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A-C Zone. Location of Property: 100 Sound Avenue, Mattituck; Parcel 1000-120-3-1. No appearance was made by the applicant or his agent. The Board instructed that a letter be sent to the application advising him that this matter will be held for a public hearing at the November 1999 Regular Meeting, for which Notice is required to the adjoining landowners and posting of a sign by application. The following RESOLUT[ON was adopted: P~cje' 5 - Minutes Meeting held September t999 Southold Town Board of Appeals Motion was made by Chairman Goehdnger, seconded by Member DinJzio, and duly carried, to CALENDAR this matter for a public hearing for the November 1999 Regular Meeting (Nov. 18t~). This Resolution was duly adopted (5-0). III, PUBLIC HEARINGS, continued: 7:20 p.m. Appl. No. 4699 - ITSA JEROME (HARDWARE STORE). Two additional green postal signature cards were submitted to the Board Secretary from P. Moore, Esq. The board proceeded with the hearing. This is an application for Variances under Article X, Section ~.00-102 to locate a proposed addition with rear and front yard setbacks at less than the Code r~cluirement and under Ar'dcle X, Section 100-103C for a proposed (addition) with extended frontage, greater than Code limitation of sixty linear feet in this General "B" Business Zone District. This request is based upon an application for a building permit and the Building Depa. b~ent's April 5, :[999 Notice of Disapproval. Harts Hardware Store, 50000 Main Road and Jockey Creek Drive, Southold; 1000-70-5-6.2 (corner lot). Patdcia C. Moore, Esq. appeared with Mr. Goodale, operator of the Hardware Store (father of the owner, Lisa Jerome). After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to CLOSE (conclude) the hearing. This Resolution was duly adopted (5-0). 7:28 p.m. Appl. No. 4747 - PAMELA and DAREN PFENING. This is a request for a Vadance under Article IZI, Sections 100-31C and 100-33, based upon the revised Building Inspector's September 8, 1999 Disapproval for a proposed storage barn/building to be located on a vacant lot without a principal use. 2905 Arbor Lane, Mattituck; 1000-113-7-25. 7:49 p.m. Appl. No. 4724 - JOEL AND MAXZNE H[RSCH. ContinuaUon from July 22, 1999 hearing calendar.) This is a request for Variances based on the June 14, Z999 NoUce of Disapproval for a proposed single-family dwelling with respect to: (a) insuffident e~d~ack from the top of the L. I..Sound bluff at less than 100 feet at its closest point; (b) insuffident side yard at less than 20 feet on one side; (c) insufficient total combined sides at less than 45 feet; (d) buildino heioht oreater than the code limitation of 35 feet. Location: North Side of Pdvate Right-of-Way (Pdvate Road #11) extending off the North side of Sound Avenue, Nattituck; 1000-112-1-12. Patdcia C. Moore, Esq. appeared and spoke in behalf of the applicants. Anthony Tohill, F-SCl. appeared with his clients, neighbors in the area, Steve Reska, P.E., Pat Given, Appraiser from Hauppauge, Richard Warren, Intra- Science. Please see written transcript of statements made during the public hearing, prepared separately and also filed with the Town Clerk's Office for permanent record- keeping. After receiving testimony, motion was made to RECESS the hearing unUI the Regular Meeting in November. Vote of the Board: Ayes: Goehdnger, Dinizio, Tortora, Collins, and Homing. This ResoluUon was duly adopted (5-0). Page 6 - Minutes ~ Meeting held September 3~99 Southold Town Beard of Appeals End of Hearings. AGENDA ITEM IV. DELIBERATIONS/DECISiONS. The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes for convenience purposes: Approval: Appl. No. 4746 - Albert Krupski, Sr. Conditional Approvals: Appl. No. 4740 - .lean and G. Braun Appl. No. 4741 - C. Emery Appl. No. 4742 - M. Whittet Thomson Appl. No. 4744 - Edward and Judy Dart. Appl. No. 4699 - L..lerome (Hart's Hardware Store) A Straw Poll indicated a Possible Denial at the next meeting for: Appl. No. 4739 - 1. and W. Rich III AGENDA ITEM I (continued from earlier): Pending Application of SOUTHAMPTON LUMBER Appl. No. 4723. A straw poll was discussed for beth confidential drafts (either for possible ) approval or possible denial). Chairman Goehdnger offered a motion that a decision not be / postponed until the next meeting on October 14~, and the motion was lost. After further consideration, a quorum of three votes was not anticipated for either. The following/ Resolution was then adopted: Motion by Member Horning, seconded by Chairman Goehfinger, and duly carded, to~ postpone a determination until the October 14, 1999 meeting. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins and Homing. This Resolution was unanimously adopted (5-0). ~AGENDA ITEM V. RESOLUTIONS/OTHER ACTIONS: A. Code Committee Meeting: (none). B. Inspections regarding pending applications. C. Resolution approving Minutes of September 1, 1999 and August 18, 1999. Motion was made by Chairman Goehdnger, seconded by Member collins, and duly carded, to APPROVE the Minutes of the August :LB, 1999 and September 1, 1999 Meetings. Vote of the Board: Ayes: Goehdnger, Dinizio, Tortora, Homing, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote. Page 7 - Minutes ~ Meeting held September~999 Southold Town Board of Appeals A~jenda Item VID. Resolution: Hearings for 10/14/99 6:30 p.m. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carded, to CAI_E~DAR and ADVERTISE the following applications for public heatings to be held on THURSDAY, OCTOBER 14, 1999: 6:30 p.m. Appl. No. 4743 - RAYNOR-SUTER HARDWARE, INC. Variance for insufficient lot size with regard to a proposed second principal (permitted) use (2"" Floor). Comer of Pike Street and 320 Love Lane, Mattituck. 6:35 p.m. Appl. No. 4750 - R. RIBAUDO. Proposed swimming pool at less than 100 feet from the top of the L.I. Sound bluff at 1920 The Strand, East Marion. 1000-30-2-56. 6:40 p.m. Appl. No. 4748 - ERNA LANG. Proposed garage in a front yard location at 220 Oak St., Cutchogue. 6:45 p.m. Appl. No. 4752 - MICHAEL RUSSO. Application for a Variance with respect to the front yard setback of a proposed addition at 775 Oakwood Road, Southold. 1000-90-4-22. 6:55 p.m. Appl. No. 4753 - PAUL and RUTHANN CORAZZINI. Application for a Variance with respect to the existing garage and proposed pool, in a side yard area as modified by the proposed location of a dwelling addition, at 3120 Albertson Lane, Greenport. 1000-52-4-1.2. 7:00 p.m. Appl. No. 4754 - ROBERT AND ESTHER BADENHOP. Special Exception for an Accessory Apartment in conjunction with owner's residence at 1100 South Drive, Mattituck. 1000-106-12-4. 7:10 p.m. Appi. No. 4755 - EDWARD AND AUDREY WETZEL. Addition to dwelling with a front yard setback at less than the established 30 feet and less than 35 feet provided by the Bulk Schedule of the Zoning Code. 35 Second St., New Suffolk. 1000-117-10-20.4. 7:15 p.m. Appl. No. 4756 - WARREN BRIAN. "As built" accessory garage in a side yard location at 500 Deep Hole Drive, Mattituck. 1000-115-12-6. 7:20 p.m. Appl. No. 4757 - SCHEMBRI HOMES. "As built" foundation for a dwelling at less than 50 feet from the rear property line. Indian Neck Lane, Peconic. 1000-86-1-4.24. 7:25 p.m. Appl. No. 4749 - LESLIE WINDISCH. Request to convert accessory building to sleeping quarters (habitable without cooking or kitchen facilities), and add bathroom facilities at 1375 Pine Neck Roadt Southold. 1000-70-5-39. Page 8 - Minutes Meeting held September 3~999 Southold Town Board of Appeals 7:35 p.m. Appl. No. 4751 - W. HOWELL AND R. PA'I-rON. Application for (a) Interpretation determining whether or not bathroom facilities in an accessory building creates a second dwelling, and (b) a Variance, if necessary for approval of bathroom facilities in accessory building (without sleeping or habitable quarters), at 15825 Main Road, Odent. 1000-18-3-15. 7:45 p.m. Appl. No. 4758 - RONALD AND VICTORIA 3OHNSON. Request for Variance locating accessory horse shed in side yard at 510 Tallwood Lane (ROW off w/s Cox Neck Lane - formerly A. Foster), Mattituck. :L000-1:[3-07-/~9.2 (p/o ~.9.~4). VOTE OF THE BOARD: Ayes: Geehdnger, Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). EXECUTIVE SESSION (none held). There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately 9:05 p.m. ,~ed - ~e~ard P. Goet~ring~r, Cl~irman Respectfully submitted, Board Secretary Page 3 - Minutes ~ rqeeting held September~.999 Southold Town Board of Appeals III. DELIBERATIONS, continued from page 1: '~, -- Appl. No. 4723 - SOUTHAMPTON LUMBER. The Chairman asked whether any member wished to discuss Appl. No. 4723 - Southampton Lumber use vadance project. Member Collins briefly stated the reasons why she favors granting a use variance. The Chairman asked if any member wished to second the motion. Member Dinizio made some additional comments in support of granting the variance, and asked if there were reasons for a possible denial so that they could also be considered. The Chairman indicated that reasons for a denial should be ready on or about 9/14 for deliberations. Two Board Members indicated a preference for a full board when deliberating, possibly discussing reasons for either action (approval and denial) before the end of the 62-day time limit (ending 9/22). The Chairman and Member Collins agreed to consult with the Town Attorney regarding a possible 10-day extension (for September 30m meeting) when a fUll Board was expected. No action was taken. V. EXECUTIVE SESSION (none held). There being no other business properly coming before the Board at this time, the Chairman declared the Meeting ad.iourned. The Meeting was adjourned at approximately 7:25 p.m. Respectfully submitted, Attachments: Case Decisions (2) Linda Kowalski 9/7/99 Board Secretary Approved for Filing on or after 9/17/99 Gerard P. Goehdnger, Chairman lvL~Hrws & H~ ATTORNEYS AND COUNSELORS AT LAW z~§ HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application of Southampton Lumber Corporation Dear Board Members: I understand from Mrs. Linda Kowalski that you have not yet reached a determination concerning the referenced application and that you do not expect to have a full Board present at your next meeting on September 16. If you are under any statutory obligation to render your decision within a specified time after the public hearing was closed on July 22, consent is hereby given to extend that deadline to October 7, 1999. I understand, however, that you should have a full Board present on September 30 and that a vote is expected to be taken on that date. I believe my client would also be amenable to a further extension if required and if you so request due to your inability to convene a full Board until after October 7, 1999. Very truly yours, Stephen L. Ham, III CC: Robert C. Osborne, Esq. Henry S. Saxtein, Esq. Page 2 - Minutes April 8, 1999 Special Meeting Southold Town Board of Appeals Appl. No. 4667 - .1OHN AND LUCIA SICA. Front yard setback for new dwelling from ROW. Main Road, East Marion. Denial and Grant of Alternative Relief as a Minimum: Appl. No. 4666 - MR. AND MRS. BARRY. Garage location with insufficient front yard setback on a corner lot at West Cove Road, Cutchogue. Appl. No. 4670 - MR. AND MRS. SICA. Bulkhead setback. ROW off s/s Main Road, East Marion. (Decision combined with Decision of Appl. No. 4667, supra). III. SE(~RA DETERMINATIONS. A. RESOLUTION ADOPTED: Motion was made by Chairman Goehringer, seconded by Member Dinizio, confirming the following applications to be Unlisted Actions with NEGATIVE DECLARATIONS under the New York State Environmental Quality Review Act (SEQRA): Appl. No. 466~;- Southampton Lumber Corp. Appl. No. 4681 - Michael K. Hughes/North Shore Yacht Sales. The Chairman explained details to his knowledge about the site and proposed use. Vote of the Board: Ayes: Members Goehringer, Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). B. RESOLUTION ADOPTED: Motion was made by Chairman Goehringer, seconded by Member Tortora, confirming the following applications to be Type II (exempt from further SEQRA review), being dimensional-setback adjustments, nonconforming lot line or lot area adjustments, accessory buildings and/or Accessory Apartment uses: Appl. No. 4677 - S. Scace Appl. No. 4672 - D. Rose Appi. No. 4673 - .1. Lang Appl. No. 4674 - S. Fdedman Appl. No. 4678 - V. Basilice Appl. No. 4680 - R. Terry Appl. No. 4665 - F. Raynor Appl. No. 4676 - A. Palumbo Appl. No. 4679 - ]. Rogers Appl. No. 4684 - S. Tully Appl. No. 4682 - P. Winters Appl. No. 4683 - V. Campbell Appl. No. 4675 - A. Hughes Appl. No. 4636 - P. Mortimer (project amendment). Vote of the Board: Ayes: Members Goehdnger, Dinizio, Tortora, Collins. (Member Homing of Fishers Island was absent.) This Resolution was duly adopted (4-0). STEPHEN L. H~f, III ATTORNEYS AND COUNSELORS AT LAW 45 ~AMPTON ROAD S0UTR.~'4PTON, NEW YORK 11968 ¢-ra~l: Maghamcsq@ aol.cora July 22, 1999 MEMORANDUM TO: FROM: RE: Zoning Board of Appeals of the Town of Southold Stephen L. Ham, III Application of Southampton Lumber Corporation (Application No. 4723-SCTM No. 1000-114.00-11.00-024.003) This Memorandum is submitted in support of the Application of Southampton Lumber Corporation (Application No. 4723) for a variance to permit the use of building materials storage and sale at premises at 13650 Main Road in Mattituck (SCTM No. 1000- 114.00-11.00-024.003). BACKGROUND: The Building Inspector denied Southampton Lumber Corporation's application for a new Certificate of Occupancy to update the Certificate of Occupancy it obtained in 1983 (No. Z12023) that covered the use of the subject premises for a lumber and woodworking business. In doing so, the Inspector cited Section 100-241.G of the Southold Town Zoning Code (the "Code") which provides that a nonconforming use shall not be permitted without a variance when that use has been discontinued for a period of more than two (2) years. The subject premises are located in a HB Zone under the Code in which, according to the Building Inspector, a lumber and woodworking business is not a permitted use. In February 1999, Southampton Lumber Corporation applied for a variance under Section 100-241.G of the Code to reinstate the lumber yard use. At the hearing and re-hearing of that application on March 25, 1999 and April 22, 1999, the applicant argued, among other things, that such use had not been "discontinued" as that term has been construed under applicable case law. Nevertheless, this Board denied Southampton Lumber Corporation's application to reinstate the lumber yard use, ruling that such use had in fact been discontinued under Section 100-241.G of the Code. However, the Board did not treat the application as one for a use variance, an option, it stated, that was open to the applicant, and that the applicant is now pursuing. FACTS: Southampton Lumber Corporation acquired most of the subject premises from Reeve Lumber & Woodworking Co., Inc. in 1983 for $550,000. A small adjoining parcel of vacant land was acquired from David L. Reeve in 1984 for $1,000 and merged with the larger parcel. (See Affidavit of Robert C. Osborne attached hereto as Exhibit A.) It ceased its active building materials business at the site in 1993 when it sold its principal yards in Southampton and East Hampton. It has since been liquidating its assets and winding up its affairs. Despite being "out of business" and generating no revenues from the sale of building materials, Southampton Lumber Corporation continues to incur 2 on the subject premises for taxes and insurance. Copies of the most recent tax and insurance bills are attached hereto as Exhibit B. The subject premises have been listed for sale with several brokers since 1993, originally for the asking price of $525,000 and, for the past few years at the asking price of $475,000. In the fall of 1998, the applicant entered into a contract of sale with Speonk Lumber Corp. for a sales price of $430,000. No broker was involved in this matter. The purchaser's obligations under that contract are contingent upon delivery by the applicant of an updated Certificate of Occupancy that would permit the former business use of the premises for building materials storage and sale. Prior to the date Southampton Lumber Corporation entered into the contract with Speonk Lumber, the best offer it had received for the subject premises was $325,000. When a purchaser with a putative interest in that property learned of that contract, he offered $425,000 through a broker who advised the applicant that his commission was to be negotiated. When this prospective purchaser learned of this Board's determination denying the relief requested in Southampton Lumber Corporation's February 1999 application, he reduced his offer to $375,000 which, unlike the transaction now under contract, would still be subject to payment of a brokerage commission. The applicant has been advised that prospective purchasers have been unwilling to pay a sum close to its asking price because the large storage buildings on site are not conducive to the uses such purchasers would be able to engage in and, since that those structures could not be effectively utilized for permitted uses they would have to be removed at great expense, thereby reducing significantly the sum such purchasers would 3 be willing to pay. Southampton Lumber, through its real estate appraiser Andrew Stype, has obtained an estimate of the cost of removal o[ the various structures on the premises, a copy of which is attached hereto as Exhibit C. As indicated on that estimate, the cost of restoring the premises to vacant land would exceed $200,000. Finally, even though Southampton Lumber ceased its building materials operations at the site in 1993, the tax assessment continued to be $19,000. That assessment was reduced to $13,000 in May 1999 after the earlier application to your Board for relief was denied. The new assessment will be effective for the year beginning December 1, 1999. With the current equalization rate of 2.9%, a $19,000 assessment would indicate a value of $655,000 and a $13,000 assessment would indicate a value of $450,000. Even the reduced figure is well below the $430,000 which would be realized with a use variance. QUESTION PRESENTED: Do the applicable provisions of the Code create an unnecessary hardship warranting the granting of a use variance that would permit the use of the subject premises for building material storage and sale? CONCLUSION: Yes. Applying the criteria for unnecessary hardship set forth in the Town Law, and based on applicable case law, the applicant can prove the existence of unnecessary hardship in this instance and is therefore entitled to a use variance permitting the use of the subject premises for building materials storage and sale. 4 DISCUSSION: The standards applied over the years by the New York courts rendering decisions in cases on use variances were codified in a statute effective July 1, 1992. Under Section 267-b.2 of the New York State Town Law, in order to justify the granting of a use variance, an applicant must make a showing that applicable zoning regulations and restrictions have caused "unnecessary hardship". The following are the statutory criteria for establishing unnecessary hardship: (1) for each and every permitted use in the district where the property is located, the applicant is unable to realize a reasonable return, the lack of which must be substantial and supported by competent financial evidence; (2) the alleged hardship is unique and does not apply to a substantial portion of the zone district or neighborhood; (3) the variance will not alter the essential character of the neighborhood; and (4) the alleged hardship has not been self-created. A discussion of those criteria in light of the facts and circumstances of the instant application follows. 1. Lack of Reasonable Return In evaluating the issue of substantial lack of reasonable return, the courts have been asked to review cases with many different fact patterns. As the Court of Appeals noted in the leading use variance case of Otto v. Steinhilber, 282 N.Y. 71 (1939): '~Nhere the property owner is unable reasonably to use his land because of zoning restrictions, the fault may lie in the fact that the particular zoning restriction is unreasonable in its application to a certain locality, or the oppressive result may be caused by conditions peculiar to a particular piece of land." 282 N.Y. at 75. The instant case is clearly one where the "oppressive result" is caused by 5 conditions peculiar to a particular piece of land. That piece of land is a relatively large parcel compared to others in its HB Zone District and, more significantly, is already improved with storage buildings which are not well-suited to adaptation for the uses permitted in the HB Zone District. Although the most common fact pattern appearing in use variance cases is the attempt to improve for a commercial purpose a parcel of vacant land that lies wholly or partially in a residential zone, the courts have examined many situations where the land in question is already improved with buildings. Since those situations are most similar to the instant one, the court decisions and underlying reasoning in the related cases should carry the greatest weight concerning the issue of "reasonable return" as your Board considers the circumstances present in this matter. One pertinent and instructive case in this area is Commco, Inc. v. Amelkin, 109 App. Div. 2d 794 (2nd Dept. 1985). In Commco., the petitioner had requested a variance to permit the use of a school building as a residence for senior citizens. The property, consisting of 14.5 acres, was located in a residential zone improved primarily with single-family homes on one acre. As proof that the land in question could not yield a reasonable return, the property owner had introduced evidence that the building would have to be demolished at a cost of $50,000 which would leave vacant land worth $250,000. The value under the existing zoning was therefore $200,000. The petitioner also produced evidence (which the Court found relevant) as to the carrying charges and debt service. The Appellate Division in Commco affirmed the lower court decision that the 6 Huntington Town Zoning Board of Appeals had acted arbitrarily in denying the application for a use variance. "The evidence confirms what common sense dictates - that a 69,000 square foot brick building cannot yield a reasonable return in an R.40 zone, without a variance. The only alternative - the demolition of a building worth over one and a half million dollars, in order to be able to sell the land for [conforming] development - is manifestly unreasonable." 109 App. Div. 2d at 795. Another revealing case is Citizens Savin,qs Bank v Board of Zonin.q Appeals of the Villa,qe of Lansin,q, 224 App. Div. 2d 797 (3rd Dept. 1996). In Citizens Savings Bank, a nonconforming restaurant in a single-family residential zone was located on the property in question. The owner, who had paid $198,600 for the property sought a use variance to permit the structure to be used for a commercial office. The court determined that the owner had satisfied the burden of proof on the issue of lack of reasonable return by demonstrating that he would lose $400,000 by converting the restaurant to a private home, over $200,000 if he demolished the restaurant and built a private home and approximately $181,000 if he simply demolished the restaurant and sold the vacant lot. Citing the requirement that lack of reasonable return be shown with hard evidence, the Court in Citizens Savinq Bank stated that: "Such proof plainly establishes in 'dollars and cents form', that petitioner could not yield a reasonable return if the requested variance was denied (Matter of Village Bd. v Jarrold, 53 NY 2d 254, 257; accord, Matter of Sheeley v Levine, 147 AD2nd 871,873)." 7 224 App. Div. 2d at 798. See also Dwyer v. Polsinello, 160 App. Div. 2d 1056 (3rd Dept. 1990) (in evaluating hardship to sustain conversion of school to office building, relevant evidence included purchase price for property, cost of demolition and cost of asbestos abatement). The inability or impracticality of altering a building for a permissible use, a circumstance present in the instant situation, is a factor considered by the State's highest court, the Court of Appeals, when reviewing cases of use variance. In Fiore v. Zonin,q Board of Appeals of the Town of Southeast, 21 N.Y. 2d 393 (1968), that Court upheld (by reversing an Appellate Division determination) a Zoning Board variance permitting the use of a barn for antique storage in a residential zone. The Court of Appeals noted that: "it is evident the barn could not be altered for use as a single family dwelling, that the barn in the past was used as a storage building, that the permitted use will not alter the essential character of the locality and finally that the predicament faced by the owner is due to a hardship peculiar to that particular structure and not a hardship common to all." 21 N.Y. 2d at 397. Similarly, in the instant situation, Southampton Lumber's structures cannot be feasibly altered for the uses permitted in the HB zone, they were used in the past for the same purpose they are intended to be used at present, that intended use will not alter the essential character of the locality and the circumstances are peculiar to this property and are not generally prevalent in the area. 8 While not a substitute for the so-called "dollars and cents" proof required to show the requisite unnecessary hardship, the inability to sell land for its permitted use is a factor that can support a finding of the inability to realize a reasonable return. Thus, in Matter of Forrest v. Evershed, 7 N.Y. 2d 256 (1959), among other reasons why the Court found the proof of reasonable return deficient was the fact that the owner had not made a diligent and bona fide effort to sell the property. See also Citizens for Ghent, Inc. v. Zonin.q Board of Appeals of the Town of Ghent, 175 App. Div. 2d 528 (3rd Dept. 1991 ) (all prospective purchasers who inquired about residential land listed for one and one-half years were interested in commercial use only); Dwyer v. Polsinello, supra (owner had attempted to sell property unsuccessfully for two-year period); Shiner v. Board of Estimate, 95 App. Div. 2d 831 (2nd Dept. 1983) ("evidence was notably absent to prove petitioner's contention that she was unable to sell the property"). By listing the property for five years with several brokers in the area and reducing the price in an attempt to attract more offers, the applicant has clearly met the burden in this case of a diligent and bona fide attempt to sell without a variance. Another factor the courts have examined is whether appreciation in the value of the land has been such that, despite use restrictions, the owner is still receiving a reasonable return. Thus, the Court of Appeals noted in Dou,qlaston Civic Association v. Galvin, 36 N.Y. 2d, 1,9 (1974), that "the original cost is relevant where, despite the prohibition upon converting the land to another use, the land has nevertheless appreciated to the extent that the owner may have suffered little or no hardship." The circumstances in this case are quite different. Even if the use variance is granted, the sales proceeds of 9 $430,000 are far less than the $551,000 purchase price even though it can be reasonably inferred that the sharp increase in real estate values since 1983 would at least have offset any diminution in value by reason of the deterioration of the buildings. The testimony of Andrew Stype, when viewed in light of the relevant cases, will prove that, without the use variance, Southampton Lumber Corporation cannot realize a reasonable return on its investment in the subject premises and that lack of reasonable return is substantial. The subject premises are simply not attractive to a potential purchaser in the HB Zone District due to the high cost of either converting the existing buildings so they would be suitable for a permitted use or removing them so that the parcel would be suitable for construction of new buildings for a permitted use. The listing history of the property is hard evidence of his conclusions. Moreover, the applicant's predicament is not offset by the appreciation of land values since the date of acquisition. 2. Unique Nature of Hardship Under relevant case law, to satisfy the requirement for a use variance that the alleged hardship is unique, a showing that the subject property is the one and only one affected by the zoning restrictions is not necessary. The Court of Appeals has described the relevant criteria as follows: "Uniqueness does not require that only the parcel of land in question and none other be affected by the condition which creates the hardship. (citations omitted.) What is required is that the hardship condition is not so generally applicable throughout the district as to require the conclusion that if all parcels similarly situated are granted variances the zoning of the district would be materially changed." 10 Dou,qlaston Civic Association, Inc. v. Klein, 51 N.Y. 2d 963 (1980) at 965. Even though a showing of utter "uniqueness" is not required, the application before your Board is in fact truly unique. To the best of the applicant's knowledge, there are no other comparable situations of a commercial property improved by storage buildings with a use that has been deemed discontinued. Therefore, your Board cannot expect a rash of applications from other similarly situated property owners if relief is granted in this case. Testimony at the public hearing of this application will show, among other things, that the structures on the property are at best ill-suited and worst obsolete for the uses permitted in the HB Zone in which they lie. This alone is sufficient to satisfy the requirement of unique circumstances. Citing, among other authorities, Anderson's American Law of Zoning (2d ed), Section 18.35 and Matter of Fiore v. Zoninq Bd. of Appeals of Town of Southeast, supra, the Second Department stated in Commco, Inc. v. Amelkin, supra, that: 'q'he requirement that the hardship be due to unique circumstances may be met by showing that the difficulty complained of relates to existing improvements on the land which are obsolete or deteriorated." 109 App. Div. 2d at 796. Because the conditions applicable to the subject premises, a former lumber yard with large storage buildings, are not generally prevalent in the area, a use variance in this instance would not have a significant impact on the zoning scheme. Moreover, since the buildings are unsuited to permitted uses, they are effectively obsolete. Accordingly, the requirement that an applicant demonstrate unique circumstances has been satisfied in this instance. 11 3. Character of Neiqhborhood Whether the use variance will alter the essential character of the neighborhood is basically a question of fact to which the cases can offer some, but not a great deal of, guidance. What is clear in the instant situation, is that the use variance would permit the premises to be used for the storage and sale of building materials, a use that was present at this site from well before 1983 until 1993. Moreover, that storage and sale would be performed out of the same buildings located in the same footprints. The fact that the outward appearance of a structure would not change has been cited as a factor supporting the granting of a use variance. Matter of Fiord, supra. If anything, the variance would improve the neighborhood as the new owner would undertake to improve and repair buildings that have not been in use (except for a small woodworking operation) for nearly six years and have undergone substantial deterioration. Repair of an existing structure has been cited as a factor on the issue of no adverse change to a neighborhood. Sheele¥ v. Levine, 147 App. Div. 2d 871 (3rd Dept. 1989). 4. Self-Created Hardship The courts have found self-created hardship present in certain use variance cases, but none of those cases are relevant to the instant situation. Southampton Lumber Corporation did not knowingly acquire the land for a prohibited purpose. It did not construct the improvements with knowledge of restrictions from which relief is now sought. It acquired the real property as part of a permitted ongoing_business. It did not intentionally discontinue its business, thereby losing its rights to a pre-existing 12 nonconforming use. It ceased its active operations to preserve shareholder value. There is no issue of self-created hardship in this case. CONCLUSION: For the foregoing reasons and in the interests of justice, the variance should be granted. Stephen L. Ham, III 13 Exhibit A dUL. -22' 9C~(THU) 09:05 OSBOf & MGGOVCAN P.G. TE 16 329 3423 P. 00! JlJ&-21-1999 11:05 AFFIDAVIT STATE OF NEWYORK ) COUNTY OF SUFFOLK ) ROBERT C. OSBORNE, iaelng cluly sworn, deposes and says: 1. t am an attorney at law duly admitted to practice in the State of New York with offices at 135 Main Street, East Hampton, New York. 2 Since prior lo 1983 and continuously [hereafter to the daw hereof, I have been the Secretary and Treasurer and a member of the Board of Directors of Southampton Lumber Corporation 3. Southampton Lumber Corporation acquired the real propen'y that is now designated on the Suffolk County Tax Map as District i000, Section 114, Block 11, Lot 24.3 and is known as 13650 Main Road in Mattit~ck iR the Town of Southold by separate deeds In November 1B83 and May i984 frorrl Reeve Lumber & Woodworking Co., Inc. and David L. Reeve, respectively, paying $550,000 to the said Reeve Lumber & Woo~JworKing Co., Inc and $1,000 to the said Davicl L Reeve. 4. The $551,000 consideration paid for such mai property is further evldence¢ by the transfer tax paid in oonnectio0 with the recording of those de~e. The deecl from Reeve Lumber & Woodworking Co., Inc. (Libor 9464 page 480) reflects receipt of a transfer tax of $2,200. The deed from David L. Reeve [Libar 9576 page 106) reflects receipt of a transfer tax of $4.00. The rate of tax was ir~ 1983 (and still is) $2,00 per $,500 (or $4 per $1,n00) of ~nsideratlon. 5. Although Southampton Lumber Corl:mration paid additional consideration for inventory, gooci will and the tike when it purchased the building material business of Reeve Lumber, the $551,000 consideration so paid was paid exclusively for the real property that is the subject of tile cuffeot application of Southampton Luml~er Corporation before the Zoning Board of Appeals of the Town of Southold (No. 4723). 09:05 OSBO[ & MGGOWAN P.G. TE~m~16 529 3425 P. 002 6 I make this affidavit mowing the Zoning Board of Appeals ol Ihs Town of Southold will rely upon the tru(hfulness hereof in rendSnng its cletermination with respect to the application of Southampton Lumber Corporalion (No, 4723). Subscribed and Sworn To Before Me this "2--~ day of July, 1999 "Notary Pubic TERRIE I~IJICK Notlr~ Pubhc, SlaTe of New York No. 010USOSO?96 ~mml~lOn E~pnuE Oct 23. 1~ Exhibit B MAIL PAYMENTS TO: M}I~",YN QUINTANA, RECEIVER OF TAXES~I"~5 SOUTHOLD, NY 11971 - 0959 SOUTHAMPTON LUMBER GORP PO BOX ~Oii :=AST HAMPTON NY i1927 MAIN ROAD BOX 1179 SOUTHQLD i998-i999 TAX WARRAN? T~ESPAIDSYCHECK ARESUBJECTTOCOLLECTION TAX SAVINGS DUE TO STAR: TOTAL TAX DUE: MAiN RD "" =,,.,,- r ,..,L,-. Cr~l !NTY ~ .~.x. SOU-THOLD T.~...'-: M.~. 1 I ITU*_~:.-,_UT '-'- ...... .'4 ,-'lu-~-. LI~RAP.:? =-, n.-,-~ SOL WAST:= DZ'=-. i !i7.. '~ '- ....... ~ i&7 SCHOOL; APPLY ~'r~ ~-' '",.--"-' P ~ .... NOTICE i{:'/Oi/99 DETACH BELOW AND RETURN WITH SECOND HALF PAYMENT [~ Assessed Paid by: [] Other E~ Assessed Paid by: [] Other SOUTHAMPTON LUMBER ~iORP PO BOX =~Oii EAST H~'~r,~,~ ~,.,, ......... ~Z~=~ Evanston Insurance Company CMP1O01009 ReneWal of Numl3er COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS Producer North Island Facilities, Inc. Policy No. 9$CMP100100e 0089B Named In. umd and Mailing Addres~ I/~ ~.~, Tmvn ~ (3~, c. mm~, ~, ZJl) Codel Soul~l~ampton Lumber Coq). c/o Robert Osborne PO aox 5011 East Hampton, NY 11937 Policy Period: From 04-07-199B to 04-07-2000 at 12:01 am Stlndard Time at your mailing address shown above, Iausine~a DNcriptlon: Vacant Building IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY~ WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED THIS POLICY CONSISTS OF THE FOLLOWING COVERAG~.~;~.T,g~ ,R,~CI~ A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. ~.;;' Commercial Pro~rty Coverage Part [:,~ ,~:;~\~.~ -,"'~) $3,~0.~ Commercial General Liability Coverage Part t~ - {~ , ? ~%%'~ . $1.080.00 ~114t5 INSURANCE POLICY IS WHII'[EN B'¢ AN NSUrIFR{Si NL)T iJCt~.NSED BY THE STATE OF NEW 'fORK, NO3 SUBJECT 'rS I'1~ SUPERVISION. AND NOT PRorEcTED IN THE EVENT OFTHE INSOLVENCY OF ~'l-lg INSURE[i, B'( TH[~ NEW YURK STATE SECURI'I'Y FUHDS, THE POt. iCY MAY I,IOT Bi: SUBJECT TO At.L OF 'I'HE REGULATIONS UF 11-I1~ INSLIIIANCE DEPARTMEN'! TOTAL PREMIUMS PERTAINING TU POLICY FORMS," TOTAL A~lit leerio~; NOfl-AuOIEa~ Urt~, In~lcaUId Dy {X) $4,580.00 $4,580.00 Foam(s) and EndomsmemIs} made s part o! thim fmticy at O~ o~ Issue': CF1501185 CL1~1185 1~1711~ IP~1~5 ,~ ,~3(~7) ;O~ ~p~l~dle Forms and End~semen~ If sh~ In s~lflc C~e~e ~a "cyme Fo~ ta ' ns. 04~5-1eee By A~ha~d Repmsen~e THESE DEC~RA~ONS TOG~HER ~TH THE C~MQN POLICY COND~IO~, CO~GE P~T DECagONS, CO~GE PART COVER~E FORM[S) AND FORMS ~D EN~RSEMENTS, IF ~ ISSU~ TO FORM A P~T THEREOF, COMP~E ~e ~O~ NUMBERED ~LICY. I~ur~ Copy lnaudas ~dgh~ me.rial of Insurance ~w~s ~m, I~., wl~ its Copyright, Insumnce Se~i~s Office. Inc., 1983, 1~84. JDL I~(O)X [Ed. 11~5) JUL..-.22: 99(THU) 10:01 OSBI & MGGOWAN P.C. TEL 329 3423 P. 001 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS PolloY No. 99CMP1001o09 Loc. Na. Bldg. No. Localion, Construction and OccupanCy 1 1 S/S Main Road, Matlituck. NY, 11952, Joisted Masonry, Vacant Bldg Formerly showroom vacant Whse not Coy. .oc. No. Bldg. No. 1 1 Coverage Limi~ of Iflsumfl~ ~verad Cause~ of Lass Col~um~ Building $200,~0 aas~ ~% mede in Ih~ r, che~uk Loc. No. Bldg. No. Agraect Value Expiration Dale Coverage Amount Ropiacement Cost - Only if {ndicabKI by an ( X ] Building Personal propmly Inr, ludl~ Loc. No. Build. NO. Mortgage Holder Nettle and Mailing Address AND EN[ , F~m, F=ms arid Endofseme~t~ applying t~ this Coverage Part and made part of this por~/at lime o! issue. CP00100695 CPO0aO07B8 CP0450078B CP10100695 {L0936089B THF.~E DE~ NAME OF THE IN~URED AND THE POLICY PERKED. CF 1;,0 {Ed. 11-85) Exhibit C ARTCO DRAINAGE CORPo F. xcavatl~ & Orai~p P,O BOX 1132 MAI'~'ITUCK, NI~W YORK 11952 (5]6) ~9&9660 FAX (516) 29&2291 TO 12985 Route 25 Mattituck, N.Y. 11952 JOB ESTIMATE 298-8760 7/19/99 Southampton Lumber Bldgs Route 25, Mattituck JOSDES~R~. Demqlish and remove from site existing buildings 1. 2. 3. 4. St Main storage building on east side Large wood frame building Deb[nd office building 8rick building (office and show room) Fill in foundation for office building ~p~O~. 1,000 yards fill ~$12 per yard Concrete foo~ings and foundations for 3 buildings $49,000.00 $46,500.00 $5~,000.00 $12,000.00 $75,000.00 TIHtS ESTIMATE IS FOR COMPLETING THg: JOEl AS DESCRIBED ABOVE. IT IS BASED ON OUR EVALUATION AND DOES NOT tN- ELUDE MATERIAL PRICE INCREASES OR ADDITIONAL LABOR AND MATERIAL~ 'WHICH MAy BE REQUIRED SHOULD UNFORESEEN PROBLEMS OR ADVERSE WEATHER CONDITIONS ARISE AFTER THE WORK HAS STARTED. gSTIMATED ~oa cos~ .... } 2 3 3,5 0 0. O0 DONIELLE CARDINALE Main Road Mattituok, New York 1~9~~ July 19, 1999 ' . Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re= ~ppllcation of Southampton Lumber Corporation Dear Board Members: I had earlier appeared in opposition to the application to continue a non-conforming use at the Southampton Lumber Yard location in Mattituck. Since I am not able to appear at the hearing scheduled for July 22nd, I ask the Board to accept this letter and make it part of the record. My understanding is that this applicant, who, declined the Board's request to proceed with an application for a use variance at the last hearing is now making that application. As indicated at the last hearing I believe the applicant is not entitled to a use variance. Southampton Lumber is requesting that the Board endorse the most profitable use and the highest return. I am advised that this applicant, who voluntarily discontinued its use, is entitled to a reasonable return--not the highest or best return. In this connection it is my understanding that the applicant must demonstrate for each and every use permitted under the Zoning Code that the property cannot yield a reasonable return. There must be evidence of the current value of the land for permitted uses. If this evidence is submitted then I submit that these uses will yield a reasonable return--although the sale for these uses may not result in the highest price. However, zoning does not assure an owner the highest profit, only a reasonable return. At the earlier hearing this applicant indicated significant offers had been received for the site, but the applicant rejected them holding out for a higher price to compensate its shareholders. The Board is being asked to act as a broker to assure a profit. I am advised that a use variance is not granted merely because the zoning ordinance prevents the highest and best use, or because the non-conforming use will yield a higher return than those permitted by the Zoning Code and that is what the applicant here seeks. This applicant, by its own acts, has created the problem for which it seeks relief. The granting of a use variance for a lumberyard, an industrial type use, would change an area which has basically small business uses and would be contrary to the plan set forth in the zoning ordinance, adopted after years of study. I respectfully request the Board deny this application. Doniell~tardin~le July 22, 1999 Southold Town Board of Appeals, Regular Meeting 8:53 P.M. - Appl. No. 4723 - SOUTHAMPTON LUMBER This is a request for a Variance under Article XXIV, Section 100- 242G, in applicant's request for a lumberyard use which was disapproved January 12, 1999 for the following reason: "Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, nothing in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals." Location of Property: 13650 Main Road, Mattituck, N.Y.; County Tax Map Parcel 1000-114-11-24.3. Zone District: Hamlet Business. CHAIRMAN GOEHRINGER: I have a copy of the site plan. We are aware of the site plan. We had an application prior to this one and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area and a letter that was just received by Donielle Cardinale. I believe we are ready counsel. MR. STEPHEN HAM: Stephen Ham, for the applicant, 45 Hampton Road, Southampton, N.Y. I have the affidavit of posting and mailing and also a Memorandum of Law basically, Facts, Fact Witnesses. As you know, our prior application was treated more or less as an interpretation of the ordinance and this application we intend to present evidence that would justify your granting of a use variance and as you know the standards that we have to meet for that, are for each and every permitted use in the district we must show that we can't realize a reasonable return that has to be supported by confident evidence we have to show some decree of neatness and that the variance will not alter the character of the neighborhood and that the hardship was not self created. I have Merrill Becker, the President of Southampton Lumber who will give you some facts concerning the listing primarily and I also have Andrew Stype who is a Real Estate expert here who will give you some facts concerning reasonable return in the neighborhood and some other factors. I just want to set this up a little bit by addressing those standards. As you know, or, as in my opinion at least, in reverse order in terms of difficulty. The hardship here, I'll take them in reverse order. There is no issue here. I think you'll agree it's self created hardship. The problem has arisen because of the change in zone and the fact that your Board deemed and the Building Department and your Board deemed that we had discontinued our pre-existing use. All of that, those factors are beyond our control. In terms of the character of the neighborhood, Mr. Stype will speak to that but, I think you have to agree that you have a scene that will not change. You have buildings on site already. The property had been used as a lumber yard for many, many, many years, whether by Southampton Lumber or it's predecessor, Reeve Lumber up until 1993 when 76 July 22, 1999 Southold Town Board of Appeals, Regular Meeting Southampton Lumber ceased its building materials operations, and since then has been winding up its affairs. In terms of uniqueness, the cases under that particular standard do not require that we be the only parcel with this sort of problem. However, we believe we are unique in this case. Here you have a fairly large parcel, 1.8 acres in this Hamlet Business Zone, which are primarily smaller parcels. But, the key factor here which makes us unique, and there are many cases the New York Courts have interpreted addressing this issue. You have a case where you have buildings on the property already. We are not one of several lots, vacant lots that have the same problem and we're asking for some special dispensation here. We have a real problem here which in that we have quite an investment in large buildings which are not suitable to the Hamlet Business Zone. As far as the reasonable return is concerned, I will give you some numbers just to set this out. Mr. Stype will address them as well. In the Memorandum I just handed you there is an affidavit attached which indicates that Southampton Lumber paid $551,000 for this property in the early 1980s. I mentioned in that Memorandum that for many.years up until last or until May, the assessed value of this property, that is the value on which are taxes have been based has been $19,000. Applying the Town's equalization rate which is used for Commercial and other properties of 2.9% that would indicate that the town felt this property had a value of about $655,000. Since we were denied in our prior application, I worked out a settlement with the Assessors to reduce the assessment to $13,000 but, that would still indicate a value of about $450,000 at the current equalization rate. The next number I'll give you is the number $430,000. That is the contract price between Southampton Lumber and Speonk Lumber. The condition to that contract and forgive me for being repetitious but this is a new hearing. That contract is contingent upon our ability to deliver to the purchaser, a current Certificate of Occupancy which covers the use that we're applying for here a building material storage and sale use. So, needless to say, the $430,000 figure may be high if your not inclined to bring that relief. I have some and Mr. Stype will speak to this to some extent too. Attached to my Memorandum are some estimates of cost of removal of various aspects of the (coughing) to this property and that bottom line was about $230,000 and I say that the cases in this area and I ask you to the extent that you're going to focus on cases on in your interpretation, you look at those where there are buildings on property. That is the fact pattern here and I really would like you to keep that in mind. Mr. Stype will speak to some dollar and cents issues which are critical to our burden here but, there are other factors which go toward reasonable return which the courts have addressed and 1, Mr. Becker will speak to you in a few minutes and that is the listing history of this property had we made an effort to sell it for what it is without a variance. He will tell you with whom it has been listed, various offers that have been made and so forth. That is an issue that the courts have looked at. Finally, just as a general proposition, we just ask you to be practical about this~ I drove by there 77 July 22, 1999 Southold Town Board of Appeals, Regular Meeting tonight, I drove through Mattituck, the Business District, came upon the Southampton Lumber property. You have some huge buildings there. They pre-exist, they're there. What does common sense tell you, the use should be for that property? Should it be a small r~etail store, or a large yard use? Keep that in mind when you consider what it would cost for somebody to actually put a permitted use on that property. Would those buildings have any utility to them or, would they have to remove them and start from scratch? And again, I've done some research which is reflected in my Memorandum and, that is an issue which the boards will look at; is what it would take to get this property to where it really could be used for the permitted use. So I think I would like to have Mr. Becker speak first and he will speak to our listing history of this property because I want that to be part of the record as well as some of the numbers that Mr. Stype will give you. If you have any questions of me, I'd be happy to answer them during the course of the hearing. MEMBER DINIZIO: Can I ask him a question? CHAIRMAN GOEHRINGER: Yes, wait a minute Mr. Dinizio has a question for you Mr. Ham. MEMBER DINIZIO: The $550,000 that you paid for in 1983 MR. HAM: Yes. MEMBER DINIZIO: Was that an on going business at the time? MR. HAM: Yes. MEMBER DINIZIO: There were customers involved with that place? MR. HAM: Oh, no, as I point out or as Mr. Osborne, look at the Affidavit in Exhibit A, $550,000 was real estate only. There was other consideration in addition to that for inventory, good will and so forth. I think the total consideration was well over $800,000. The real estate was $550,000. I even have the deeds here where you can work backwards using the Transfer Tax to prove that, but, it's in Mr. Osborne's affidavit. MEMBER DINIZIO: OK. MR. HAM: It's real estate only. MEMBER DINIZIO: Thank you. MR. HAM: Good point though. CHAIRMAN GOEHRINGER: Mr. Becker you have to raise your right hand. Do you solemnly swear that the information you're about to give us is the truth to the best of your knowledge? 78 July 22,1999 Southold Town Board ofAppeals, Regular Meeting MR. BECKER: Yes, I do. My name is Merrill Becker. I'm President of the Southampton Lumber Company and the first thing is a listing on the property. The business in the late 80s went south so to speak. We immediately closed the yard and then we listed it with the local Realtors. Local Realtors were, Stype Realty, ~~Realty, Tom McCarthy Management and also, Albertson Century 21 ...... All that time it was listed I did have inquiries from Bob ~ They were low offers. The highest offer I received was $325,000. The company had been asking $525,000 for the property. We had Mr. Stype_reappraise it and we changed the price to $475,000. All the ~ealtors were made known of that fact and we've been actively since the time that we closed the doors we've been actively trying to sell the property. CHAIRMAN GOEHRINGER: Any questions of this gentleman? Anybody? MEMBERS: No. MR. BECKER: I might want to mention that there was an ultimate payment a little bit higher once they knew we had (inaudible). One of the Realtors had made an offer of;through his client~made an offer of $325,000. As soon as it was known that there was a contract with Speonk Lumber, the broker came back with an offer of $425,000 and I had informed him that we had already signed a contract with Speonk and as soon as it was learned that the petition we had was denied, the same person called back and offered us $375,000. The same person but a different offer. CHAIRMAN GOEHRINGER: Thank you Sir. MR. HAM: May I just to clarify on that. We have no idea what conditions or anything would be involved with that offer but, I just wanted to clarify that it did come up a little bit as it usually does with real estate when an offer has been made and then exactly as I predicted in my letter, opposing the hope, the reopening the hearing in April, he dropped that offer as soon as he found we were denied. So, we don't consider it a particularly serious offer. MEMBER TORTORA: Can I ask a question? CHAIRMAN GOEHRINGER: Sure. Mr. Ham, question by - MEMBER TORTORA: Mr. Ham was the offer for a lumber company? This offer? MR. HAM: The offer, no it was not - MEMBER TORTORA: The offer that was pulled back and then. MR. HAM: something. Is that righ~errill? MR. MERRILL.--%~ I have no idea what he, We think that he intended to use it for some storage or you know he intended. 79 July 22, 1999 Southold Town Board of Appeals, Regular Meeting CHAIRMAN GOEHRINGER: Existing, MR. HAM: It was vague. Well, to. MEMBER DINIZIO: MEMBER TORTORA: MEMBER DINIZIO: whatever it was, it was existing. we'll go into who it is if we have I have a question then on that. Yes, because we talked about this. Right, because are you saying then, that someone who wouldn't put a lumber company in there offered you more money than for a lumber company? MR. HAM: No, no, no. MEMBER DINIZIO: Well this person that offered you the money then, was it a lumber company? MR. HAM: They raised their offer. No, it was not a lumber company. They did raise their, they had been around $325 as Mr. Becker stated. When interest was shown by Speonk and when we signed the contract, he came back with a bigger number. MEMBER DINIZIO: Right, which, how much was that? MR. HAM: $425. MEMBER DINIZIO: He valued that property at that amount if - MEMBER COLLINS: That's not what he said, he said $375. CHAIRMAN GOEHRINGER: No, no, he came down to $375. MR. HAM: And then he came down to $375. We don't consider this serious. We have no idea what conditions. For all we know, as Mr. Stype will say, he will want to use it as we've had other offerors for maybe not for a lumber yard, for another use that would require a use variance. CHAIRMAN GOEHRINGER: Those were ''As Is" offers though? MEMBER DINIZIO: Right, I mean - CHAIRMAN GOEHRINGER: To your knowledge? MEMBER DINIZIO: He may of not purchased - MR. HAM: They were suppose to be envelopes. They were not reduced to, to even to a point where (changing tape) MEMBER DINIZIO: I just question why you would introduce that if that offer were so high. If you, number one, didn't have you know an idea of what would be put in there because if someone offers 80 July 22, 1999 Southold Town Board of Appeals, Regular Meeting you that kind of money, and he could put in the uses intended for that piece of property, then, doesn't against your a that are that go MR. HAM: I'm, I'm in the interest of being truthful is why I introduced that. MEMBER DINIZIO: Well I'm assuming you're telling us the truth. I have no question about that but, you know, in telling us the truth if what you're saying, that isn't that the value, is the value of that property as use that is permitted? Doesn't that go contrary to your argument? MR. HAM: Well if somebody were serious, would seriously pay that kind of money for it, but, this was something that was, somebody who was low balling us and then came up and down. We have no idea that was a serious offer. CHAIRMAN GOEHRINGER: Right, but just clear, (tape) those were "As Is" offers as the property stood right then and there. Is that the question? I mean is that a yes answer to that I mean? I mean I'm not trying to put you in a - MR. HAM: I was not the, it was not made to me, I don't know. But, we discussed it - CHAIRMAN GOEHRINGER: But I mean, they weren't looking? weren't signing a contract subject to, right? they MR. HAM: They weren't signing, I mean we never got down to the nitty gritty. There are always conditions on these offers. CHAIRMAN GOEHRINGER: Right, I understand. MR. HAM: So I, no, I - CHAIRMAN GOEHRINGER: I'm not trying to put you in a position, Steve, I just wanted to - MR. HAM: No, I wanted to make that, put that on record, but, it wasn't a serious offer. I wanted to clarify that because I pointed that out in my Memorandum as one of the facts and that's (tape keeps dying down) serious offer because this person has been, had been around and would be likely that there would be conditions to it, but it never reached a serious stage. I'll have Mr. Stype speak. CHAIRMAN GOEHRINGER: Sure, thank you. Mr. Stype, although it's really not necessary because you've testified before us, we'll ask you anyway. Do you solemnly swear that the information you're about to give us is the truth to the best of your knowledge? MR. STYPE: I do. 81 July 22, 1999 Southold Town Board of Appeals, Regular Meeting CHAIRMAN GOEHRINGER: Thank you. MR. STYPE: Thank you very much. I'm Andrew Stype owner of Andrew Stype Realty in Mattituck. We do real estate sales, real estate appraisals and have since 1964. I have an office on the Main Road in Mattituck, we're approximately 500 feet to the west of Southampton Lumber. Back in the days when the lumber yard was owned by the Reeve Lumber Company, I had bought a lot of lumber there like everybody else did and a lot of paint and other hardware. I also know the property very well. I have been through there many, many times and I had appraised the property back in 1994 and at that time we had a value up to $500,000. Our office had an open listing on the property back in 1995 for $525. We've had interested parties over the years. We've advertised the properties. We advertise the properties in the New York Times, the Newsday, the local papers. We also had a sign on the property too. So, we did a lot of advertising for it and I also know the other brokers did too. We had a potential interested party whose a woodworking firm but he was hoping to lease the property and they weren't interested in having a lease on the property. The other purchaser we had is a local boat dealer and he was looking to expand his operation but the only problem there too of course was that he would have to have a use variance to have his business. But, he did a lot of work anyway and he went through the property perhaps six, seven times. He added up a lot of different costs. He had received the cost of demolition of $130,000 and he felt renovation costs for him were up to $500,000. He had hoped to renovate each of the buildings on the property. There's up to three buildings there basically. They're older buildings but they're large, older warehouse buildings. Total square feet is approximately 20,000 sq. ft. That's a lot of building. He estimated that the overall cost if you count how much you would have to pay for the property, was up to one million dollars. After he added this up he walked into my office and said, Andy, I just can't afford this. It's just way too expensive for me and I have to back out and I said, fine. We had this played over, and over again. We had other people, have looked at the property, they had to look at you know, the condition of the property, what they have to do to get it up to what they wanted. It was just an awfully expensive cost. It's hard to realize the return here because we looked through at the other uses now under Hamlet Business. It is impossible to have a residential use on the property because of the actual cost to have to purchase the property and to have to renovate all the building. What do you do with the warehouse kind of building? It isn't very good for residential use. If you look for boarding house uses, it's all the same thing there too. It's almost impossible to have that or else it would be in B with this kind of building because you look at a building that really just a shell and used for storage. Offices, office, there's not a lot of demand for office space right now in the North Fork. The area office rents may be as high as $18 a sq. ft. but, only in the B Business Zone areas. There is an office building which is to the 82 July 22, 1999 Southold Town Board of Appeals, Regular Meeting west of Mattituck it's at the west end. They have been getting about $18 a sq. ft. The Hamlet Business areas you're really look at a rent which is anywhere from $10 to $12 a sq. ft. on the average. You may find some which are like a little bit higher and others a little bit lower. The banks are the same things. The banks are notorious for buying a cheap properties if they buy it. They're not going to buy something that you have to put a lot of money into. Retail stores, now there's a possibility, but, the only problem is again, to spend the kind of money you have to get it up. There is a possibility to have an anchor store there but, anchor stores have to have other stores to have to make it go. And, I don't see anchor stores coming into an area where they're the only building. There have to be around 18, 30 buildings to have to make a go of it. The restaurant the same thing. As you run down the whole list, you come to bake shops, art, personal service, custom workshop, the bus stations, all the stuff, it's impossible to have that kind of business there. It's just too expensive. You just can't afford it. Second standards. Hardship doesn't apply to a large portion of a neighborhood. Most of the other buildings in a Hamlet Business area, are smaller one occupant type of buildings. Almost are all either owner occupied or very small businesses. There's only just a few in the area that have actually more than one occupant. I would say if I had to estimate percentage, I would have to say up to 95% of all the buildings are one occupant use. The third standard is average use variance won't alter the character of the neighborhood. Subject's buildings have been there for many, many years. The former Reeve Lumber business had a positive effect on the area. It's a well run business. There was not a problem of extra traffic, and it was in better condition than what it is now. That is the largest problem now, is that as of now, the building is a real eye sore and, if you let it be like this, it's going to start to deteriorate to a point, where you can either have a fire hazard, or, vandalism damage, and it just isn't safe. It's obvious that it has, you know as we wind this up here, that the intended purpose of all these buildings is to have lumber yard building contracting yard but, it has to be something that can offer a large type of business. Thank you very much. CHAIRMAN GOEHRINGER: Thank you. Any questions of Mr. Stype? Mr. Ham? MR. HAM: Just on that other issue. I think that the listing history of this property over five years is not some last second offer when we already are in contract is what you should focus on, on that point. CHAIRMAN GOEHRINGER: Who is the next person you're going to call, anybody? MR. HAM: No, I have nobody. CHAIRMAN GOEHRINGER: No-one, OK. We thank you. 83 July 22,1999 Southold Town Boar of Appeals, Regular Meeting MR. HAM: We do have the proposed owner here if you him any questions. need to ask CHAIRMAN GOEHRINGER: Well you know, the one question I did have. Does this include any right-of-way out to New Suffolk Avenue, or is it, is the basic property, the property is basically as it stands, there are no - MR. HAM: The contract is just a sale as it stands. CHAIRMAN GOEHRINGER: As it stands, thank you. Any questions of counsel, ladies and gentlemen? No? OK. We thank you. We appreciate the brevity and we'll see if anybody else would like to speak in favor? Yes ma'am. Would you kindly state your name for the record. MS. KAY ZEGEL: Sure. My name is Kay Zegel. I'm the Director of the Mattituck-Laurel Library. The library as you probably know, borders the east side of the lumber yard property, and the library is currently looking at an expansion project. We've been working on it for several years actually and it's coming to fruition hopefully this fall. And, a long, long time ago, I wrote a letter on behalf of the Board of Trustees to Mr. Becker, just making inquiries about whether Southampton Lumber would entertain a notion of donating some of the land that borders the property to the library, and we have a driveway that's very busy and it would be lovely to widen that driveway, and now in light of our building expansion that becomes a little more pressing. The reply we got from Southampton Lumber was that they felt it would probably inhibit, be detrimental to the sale of the property and we could accept that and see that they were struggling to sell it. However, when I got wind of someone else in the wings that was interested in purchasing I got on the phone and called Mr. Smith of Speonk Lumber and he, was very, very, cordial and ! wasn't expecting that and pretty much said to me, that he was very interested in being a good neighbor, being a good member of the community and he would very definitely entertain the notion of giving a piece of the property to the library, a donation, and I was shocked and happy and reported that to my Board. This was long before any controversy concerning the business, the zoning of property. So, I guess this being my first hearing, I've been hearing about benefit to the community, and I guess, that's what I'm speaking about is the benefit to the community. Certainly, anyone who uses the Mattituck Library would realize the benefit to the library to have that driveway widened. And, also, a much more objective note, I've been with the library for about nine years and when I first came to the library the lumber yard was operational and being a library next door to a lumber yard I have to say, that I couldn't object to anything that went on. I couldn't object to the noise level, or activity or traffic, it all seemed very fine and dandy at the time and I just thought I'd let you know. 84 July 22, 1999 Southold Town Board of Appeals, Regular Meeting CHAIRMAN GOEHRINGER: Thank you. Yes Sir? How are Ed? State your name for the record. you tonight MR. SIEGMAN: I'm Ed Siegman. I'm a resident of Mattituck. When I moved out here 20 years ago, that lumber yard was operating. Many of us used that lumber yard for lumber supply and many other supplies that they sold, paint and a lot of things that they had in hardware. You never heard any complaints about it being a lumber yard. When I started to read in the paper, that there was some discrepancy over whether they were going to permit it to be a lumber yard again, I couldn't understand why that was happening because if you go across the street from where they are and just up the road a little, you've got a company up there that sells, that rents equipment and you've got trucks, leased trucks standing out in front of that business all the time. Right across the street from that you have a garden shop that's got all kinds of concrete ornaments, some statutes that are in and out of there that they sell and all supplies for the garden. Right behind this lumber yard property, there's a gravel and sand and gravel business that's fenced off. I thought, why would they object to a lumber yard, when you have all those other types of supplies for the home in that area. I would suggest, that you ought to go ahead and give these people an opportunity to operate. Let me tell you one of the main selfish reasons I'm interested in it. As you well know, I represent the Mattituck Seniors. We are getting hit with a 9-1/2% increase for the school building this year. The town keeps putting up referendums in reference to a million and two million dollars to buy the development rights of a property. I think, and we think, that when you have a legitimate company that's willing to come in here and supply the area with the materials that that area needs, you ought to help those citizens out. That part of the tax money would be paid by industry instead of being paid by the property owner and we hopefully wish that you will go ahead and give them the opportunity to open. Thank you. CHAIRMAN GOEHRINGER: else like I'll make later. Thanks Mr. Siegman. Anybody else? Anybody to speak against the application? Seeing no hands, a motion closing the hearing reserving decision until MEMBER COLLINS: Second. CHAIRMAN GOEHRINGER: Ail in favor? Motion carried. See Minutes for Resolution. 85 .:roje~ a~d ~'.e likely impac--s of (b) if ~y ~es~on has been ~swered Yes the ~rojec~ may be ~ig- (c) if ~! ~=ions have be~ ~wered NO i= is LLkely ~= ~a . (d) Env~en~ai 1. Will ~rojec= resu!= ia a la~e physical ch~qe W~,~ =.~.~e be a major change ~o any un'.cue or 4. Will ~rojec= have a ~o=~:!a!!y Larva L~acn cn on adjac~n ~i:a$7 -,. ~=__ ~rujec~ have ~n,f direc:!y causing a ~rcwzh in pe~anen= ~c~u!a- Southampton Lumber Corporation June 16. 1999 * in contract 4 If -zc~ =~==er~z ccnu~ weul~cs or ~ond are~, have ~cu ccnnzcned ~e O~fice of .... -' N/~ level? N/A . (if not a~c~!a, st .= which ~= ~d ara no~ _n~-~ ~ --- -= - G. Do you have ~Y cc~c~icn'~-"~"' =lac~ at ~- ccncar~ing vcur pr~Sam? NO vi yes, ~___sa . - cf Tc~ b~!ding pe~i: ~nd ma~ as a~gr:veal h'f t-e Depa~enn- if ncne, ul ease E Do you cr an-f cc-~wner a!sd c~ cuber !and clcsa parcs!? NO If yes, please ~-~L~n where or of deeds. c~ara~i ~2--eZ ~orkin busines~ ........ ~ sa e an wo workiqg ~:g~OSe~~ materlax ~ .... ~ .... § 97-I.~ TOWN' ._ ~ To~ of (I) Ali ~6s ~e~H7 ~ or ' ' ' . . · . in~i~7 We (5) fee~ :nc!~n~ b~ ~ li~d ~ ban~. bo~ ~: m~ S~m;~ me~da~ ~ or o~her (~) .III ban~, bo~. m~o'a's, ~ and ~ ~ub/ec: m ~ch :id~ ~d =Gan whi~ ~ or (2) .' , -- . .' '- .MI '"-ac zmmed::~.~-:61::,'n: ~ ~ c/~t ~--e+jand ~ de~ned in SUhsec~on .~2) ~ I)~n~ ~u~ Seven- ~?-flve (7~) ~eet land~ of the mos: ~ ', · .... H~AT~ WETlY'DS: tie I.~ ~. - in ' ' -',~)i0~. c ~ .;..: . :k~:c:e 24. of :he Eas~ronm .,-~ ... . mc!~ive. (2) All land imm - , [and.' ~ ..ed[_:~h- adj:c:nt :o a "~shxv~ter ~'et- . defined in ~ubsec:!:n ~(!) :nd !yin7 w/th- ~n Sevency.6ve (7~) r .... .. , - ~v:rd ed~: o'- ', '. mas: land- TIIAN!~ACT1ONAI, I)I."';(]I,O."~URI~ FORH The TOWJl of Sou~h'old's Code of E~hlcs prohibits conflicts Interest o[1 the part of town officers and employees. The purpose of this form is to provide luformatlon which can of alert tile town of possible coufltcts of lugerest and allow it to take whatever aetlou Is necessary to avoid same. YOUR NAI'~R: SOUTHAMPTON LUMBER CORPORATION (Last name, first name, middle inLtia'l, unless you ere applyiug ia tile came of someone el.e or tbs other persou's or ~ompany's l~ame. ) NATURE OF AI, I,[,ICATI¢]N: (Check aL1 thai: apply.) Tax grievance Variance X Change of zo~e Approval of plat Exemption from plat or of£1. c[nl. map Other (If "Other," tlame the activity. ) Do you personally (or through yollr (3ompa~y, Bpouse, employee of the Torn o[ Soul:bold? 'ltelatloesblp" teelu(len which tbs town off Leer or employee BLaB evelta o~nerahip of (or empl()ymerlt by) a corl)orat[oe Iii vhtcll [lie [ovn o[[leer or employee ovoa more ~bao 5~ o[ ~he NO X If you anevered 'YES," complete tile balance of this form and date asd sign where iedlcated. Name of person employed by the Tows of Southold Title or position of tiLat person Describe tile relationship I)etweell yourself (the appllcaat) alld tile town officer or employee. Either check tbs appropriate lille A) through l)) and/or describe in the space provided . The town officer or eml)loyee or bls or her spouse, slbllug, parent, or child is (check all thai; apply), A) tile owner of greater thau 5% of the shares of the corporate stock of the applicant (when ~he applicant Is a corporation); B) the legal or benefic~al owaer of any interest in a noncorporate entlt~ (whea the appl[can~ is not a C) an off{cer, al{rector, pa[tne~, o~ employee of the applicant; or I)) the actual applicant. 1)IgSCR[P'I'ION OF IIF, LATIONSII[I* Sat.,tEl;ed this I-/dayt~' of June 1999 I'l-[lll; ILallle_ Stllphen L. Ham. 'III Vice President GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOW-N ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-mail: townattorney~southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To-' Gerard Goehringer, Chairman ZBA members From: Gregory F. Yakaboski, Esq. Town Attorney Date: Re: April 5, 2000 Southampton Lumber Corp. v. ZBA Attached you will find a copy of the decision rendered by the Hon. Marquette L. Floyd, Supreme Court Justice. Southampton Lumber Corp. 's challenge of the ZBA decision has been denied. ~md eric. {~:~ ,03t~31/2~00 14:34 Ch~mbe'r No. 00-041 / pRESENT: Hon. MAROUETTE L. JUSTICE 5168534543 JUSTICE M L FL.CIYD ~AGh 82 Index No. ~ S~P~ CO~ - STA%~E OF ~ yOI%K TRIAL/SPE~.' ' TEP. M, pART 23 SUFFOLK COUNTY FL01~ DATE: 7/19/99 (1/18). 2000 MOTION NO.: ~ CROSS MOTION: ~UBJ In the Matter of the Application 9f SOUTHAMPTON LUMBER CORPORATION, Petitioner, For a Judgment pursua~/lto Article 78 of the CPLR - against GEI~ P. ~OEHRINGER, JAMES DINIZIO, JR., LYDIA A. TORTORA, LORA'S, COLLINS and GEORGE HORNIN~, constituting the Zoning Board of Appeals of the Town of Southold, PLTF,S/pET'S ATTY: MATTHEWS &HAM 45 Hampton Road Southampton, New York 11968 DEFT'S/RESP'S ATTY: GREGORY F. yAY4%BOSKI, ESQ. Southampton Town Attorney sou=hampton Town Hall P.O. Box 1179 Southold, New York 11971 Respondent. Upon the following Dapars nung~ered I to 2 read on this Artlcle TS Droueedlna: CROSS motion LO ~: No~ic~ o~ MoCion/0rdor ~o Show Cause ~d euppor~ing papers ~; No,ice o~ C~o;s Motion ant supporcin~ Dapers A; ~s~ri~g ~Ei~viCa ~d mu~or~lng p~e~ ; Replying Af~idavi~e ~d supporting papers ; 0the~ ; (~d after hearing co, Se1 tn support ~ opposed =o the ~cion); ic O~ tha~ this ~ticle 78 proceeding ~hat seeks ~o set aside the denial of an application for a use =ariance is considered ~der CPLR 7804 (f) and is denied. The cross motion seeki~ to dismiss =he Detition is granted. Pe~itioner o~ed certain real property in the To~ of Southa~ton and applied to the To~ Building Inspector ~or an updated Certificate of Occupancy first issued in 1983, for "lurer and woodworking business," a confo~ing use. However, in 1989, a new zoning district ,,Hamlet Business (~)" was designated and pe~ltued "woodwo~king/ca~ent~ uses" but did not pe~it ,,lu~e~ard use~. ' Apparently, notwithstanding the new zoning dis~ric~, Petitioner conUinued to operate a .lu~e~ard" ~til 1993 when said use was ~andone~. As a result, the non-confo~ing "lu~e~ard use" would no= be permitted again "~les~ a varl~ce s~ll ha~ been ~ran=ed ~ =he Board of Appeals-" Southold Town Code 100-241(~). 83/31/2888 14:34 5168534543 JUSTIC~ M L FLOYD PAGE, · . The Petitioner does not deny the non-conforming use and has failed to i~terpose any opposition to the Respondents' motion to dismiss. Accordingly, inasmuch as the Respondent has informed the Court that the Petitioner has applied to the zoning Board of Appeals for a use variance for the subject premises, thereby acknowledging that same is required, the motion to dismiss is granted. The petition is dismissed. submit ~udgment dismissin9 petition. Dated: FOR BOARD AND STAFF USE ~.:, 47ol Updated // New Information mi [', .'''/ ~ - ~ dC ztAcZ~w ) ~o~Z ~r, ~.., ~ .~ ~-~ ~>.r h~ a ~ BOARDOFAP~ ~ ~ ~ n0~h sMe of j~~ :~' ~M~.R~d or S~tc pu~t'~ ~7 0f ~e'~ P~n~ ~. ~w ~d ~e ~ ~e~ of ~:10 p.~A~1. No. 4~ ~s~ ~1 ~ held for ~h~ ~ of ~e ~m~r 17, i~ N~ of the SO~O~ ~ BO~ Disapproval, ~uesting an OF APPEALS at ~he Town HaS, 53095 Main Pond, ~outhold, NY 11971, on THURSDAY, JANUARY 1~, 2000 at the times noted below (or as soon thereafter ns po~ible): 6'.~0 p.m. AppL No. 4766 -- Jnm~ Wl~:r. Continued Hearing from last meeting. Rear yard setback of proposed dwelling location at 540 Chesmut Road, Southold; 7.~0 p.m. AppL No. 4775 -- DeriBa Suthe~nd This is a request for a variance under Article XXIV, Section 100=244 for approval of the ~etback of an"as built" deck addition at less than the code requirement of 35 feet. Location of ProDarty: 1230 Waters Edge Way, Southold, NY; County Tax Map Parcel No. 1000-88- 3-19. 7:05 p.m. Appl. No. 4776 -- David Cictmnowlez. This is a request for a variance, under Aflicle III, Section 100-32, based upon the B~tilding Inspector's October 19, 1999 Notice of Disapproval for the following: Two lots are proposed in this subdi- vision project containing a size of less than 80,000 sq. ft. each. The property is located in an, Interpretation and/or Variance under Artide XXIV, Seedon 100-245 with respect to al~licant's request to nmcod building permit No..26151 issued November 112, 1999 for reno- vations to accessory building con- taining nonconforming =sleeping quarte~ use." The reason stated in the Building Inspector'S Notice of Disapproval is that applicants' request to "repair foundation to include 'substantial renovation al structure' is not permitted pursuant to Art~le XXI~, Section 100.243A. Pro- posed construction co~fituf~s a r~no- ration prohibited by this section." Location of Property: 7800 Pecoinc Bay Boulevard~ Laurel, NY~ County Parcel No. 1000-126-11-15. 7'_30 p.m. AppL NO. 4778 -- Craz~ Chinaman Crop. This is a request for a Special Exception Under' Article VII(SectiOn 10~?iB(5) for permis- sion to establish apartment use over an existing professional office in this "B-General BUSiness'' Zone District, pu~uant to A~]X, Section 100- 91(S)(4). ~ of ~rty: 141-4-36. ' 7:35 p.m. AppL No. 4779 -- David and Ann Corieri.'lhis is a request for a variance under Article Iii, Section 100-33 based upon the Building Inspector's November 8,1999 l~otice of Disapproval..The var ance requested is to lo,ate 9 ~nming pool in a si~lc'Yard area rather than the required rear yard or front yard of this wal~dr0nt pmcel known as '412 Park' Avenue; Mattituck, NY; County Tax Map Par~ No. 1000- 123-7-9.2. : AppL ~o. 4765 -- ~ Field Realty. The public hea~ing for 7:40 p.m. has been icanceled by aPplicant and Applicant has withdrawn its application., l,umbe~ Co: The public ~ group repm~a~tive~ de~ing to be submit written s~t~mant~for~ ~c heating is ~ud.?L. ~heafing do not ~t~ ~ tos~.~ to~. BY ~. Kowa~ki 1149-1TJ6 ; OF NEW YORK) )SS: ITY OF~SUFFOL~) q~--~l{~l~ of Mattituck, in said :% being duly sworn, says that he/she is pal clerk of THE SUFFOLK TIMES, a weekly ~aper, published at Matfituck, in the Town of ~old, County of Suffolk and State of New York, ~at the Notice of which the annexed is a print, ed has been regularly pu, blished in said Newspaper each week for ~ weeks succes- ~, commencing on the (~ day ~ / O/%UL~flJ 2000 ~-Principal Clerk 'n to before me this, )f ~"/+~/ 20 // ~/T~U~C :'~ r,' ;~ OF NEW YORK COMM~D' - ~i'iR~ MAY ~1 .~ NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 13, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, JANUARY 13, 2000 at the time noted below (or as soon thereafter is possible): 6:45 p.m. Appl. No. 4723 - Southampton Lumber. This is a request for an Use Variance under Article XXIV, Section 100-242G, to establish lumberyard use in a Hamlet Business (HB) Zone District, based upon the Building Department's January 12, 1999 Notice of Disapproval. The reason stated in the Notice of Disapproval is that: "Whenever a nonconforming use of a building or premises has been discontinued for a pedod of more than two (2) years or has been changed to a higher classification or to a conforming use, nothing in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shell no longer be permitted unless a vadance therefor shall have been granted by the Board of Appeals." Location of Property: 13650 Main Road, Mattituck; County Parcel No. 1000-114-11-24.3. The Board of Appeals will at same time and place hear individuals and group representatives desiring to be heard in the above application or to submit wdtten statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review dudng regulation Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 24, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski (631) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Fax 765-9064 December 27, 1999 Re: Chapter 58 - Public Notice for Thursday, January 13, 2000 - Southampton Lumber Co. Dear Mr. Ham: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing date must now be mailed with a map or property sketch showing the new location of the area being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of the project map to alJ owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town- Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. By Fdday, please complete your Affidavit of Mailin,q with parcel numbers noted for each, (copy enclosed) and return it to us, with the receipts postmarked by the post office. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not retumed, please advise the Board at the heating. A sign is also necessary for posting at the property by you~hot later than 1/6/00, and therefore must be picked up by you or your representative by 1/6. The Town Hall is open business days from 8 to 4 p.m. The sign must be located on the property no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, remaining until the day of the headng. After the signs have been in place for seven (7) days, please submit your Affidavit of PostinR (copy enclosed) to us for the permanent file. VVhen convenient for you, please return the sign to us. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your headng if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Offioa Enclosures ~/~) NOTICE OF PUBLIC I-IE~3~NG Chapter 58 § 58-1 NOTICE OF PUBLIC HEARING § 58-1. Pray§Shag notice of pubUc hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 ts L.L. No. 25-1995. Amendments noted where applicable.-] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining Lhat an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or corami~ion reviewing an application shall provide for the giving of notice: ,a, By causing a notice giving the time, date, place and nature of the hearing to be published in the official agwspaper within the period prescribed by law. B. By requiring the applicant to erec~ the sign provided by the town, which shah be prominently displayed 'on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and piece of the public hearing thereon. The sign shall be set back not more than ten (I0) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The appii~nl; or his/her agent shall file an affidavit that a/he has ~ompUed with this C. By requiring the applicant to send notice to the owners of recozd of every propert7 which abuts and every property which is across from any public or private street § 58-t soUTHOLD CODE § $8-1 from the property included in the application. Such notice shall be made I~ certified mail, return receipt of the initl~ ImbUe hearing on ~e .aggllea~o- ..u addre~,ea lfttted fa' them ,ddreeMt to the o, ers applicant, or t~ent shall on the local ~menk rou. 't'na {lie an affidavit that s/he hu eomplled with thia pr,orifice. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK I;~ thc Matter of the Application of (Names of Applicants) Parcel ID #1000- AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at , New York, being duly sworn, depose and say that: On the day of ,19 , I personally mailed at the United States Post Office in ., New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this day of ,19__. (signature) (Notary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner nantes and addresses for which notices were mailetL Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF POSTING Regm'ding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at , New York, being duly sworn, depose and say that: On the day of ,19 , I persOnally placed the Town's official Poster, with tbe date of hearing and nature of my application, in a secure position npon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster bas remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Sworn to before me this day of ,19 (Signature) (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. (631 eft ll/1) 765-1809 OFFICE OF ZONING BOARD OF APPEAI 530 5 Main Road Southo/d, NY 11971 fax (631) 765-9064 October 29, 1999 Re: Chapter 58 - Public Notice for Thurs., November 18, 1999 Hearing Dear Applicants: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED M~L, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of the map to al/owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverbead. l~f you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailino to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the headng. You must _Dost the enclosed sion no later than 11/11/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (Tf you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least ~even (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Postino to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures NOTIC OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held. by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Mamn Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: S OUTH LuSt3Ef., DATE OF PUBLIC HEARING: NoV. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 of the Tov~, of Soffihold, the follow- ing aPplicatlom viii be held for pub- lic hearings by thc SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 ~ Road, Southo[d.~Ncw~York '11971~ ~ THURSDAY, Iq0VEMBEB at ~he times no~:d below (or as moa thereafleF ~ pcs~dble): 6:20 p*m. Appl, No. 47SS -- application (1) requcs~g ~ f~m (3) No improvements can be made ~'m~ ~e y~d 'a~ ~id'0f STATE OF ~W ~ ~red iear y~d). ~flO~ ~f ~o~y: 435 Meadow Beach ~ne, )SS: Maffituck, NY; Parcel 1000-115-17- 6'~0 p.m. Apph No. 4723 -- SOLrFHAMPION LDMBER. This i~ a:request for an Usc ~ariance under Artlcle XXIV, Section 242G. to establish lumbc~ard use in a Hamlet Business (HB) Zone Districl, based upon the Building Deparlment's January 12~ 1999 Notice of Disapproval for the follow- lng reason: "Whenever a noncomforming use of a building or premises has been discontinued for a period of more than lwo (2) years or has been changed to a higher classification or to a conforming use, nothing in this Article to the comrary notwithstanding, the nonconform- ing use of such building or premis- es shall no longer be permitted unless a variance therefor shall have been granted by the Board of Location of Property: 13650 Main Road, Martituck, NY; County Tax Map Parcel 1000-114-11-24.3. 7:20 p.m. Apph No. 4761 -- RICHARD POGGLThis is an appli- cation requesting Variances based upon the Building Department's September 23, 1999 Notice of Disapproval. under Article XXIV. Section 100-242A. Art. III-A. Section CO¢INTY OF SUEFOLK) \ )~CI-J'X ~'- [J~)(l{(5 of Mattituck, In said county, beIng duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notlce of which the annexed is a printed copy, has been regu- larly published In said Newspaper once each week for [ weeks successively, commencing on the 4 4 of ]~'-J C'¥', _19¢iti · day ] Principal Cierk 8mi blAXINE HIRSCH. Continued ~[.[N SUFFOLK hearing.(VarlancesbasedontheJune N ['~r~S MAY 31 14, 1999 Notice Of Disapproval: (a) ' insufficient setback from top of the L.1. Sound bluff; (b) insufficient side Way, Enst M~I~Fi~Iqlq'SEWELL.' 'l'hl/'is a 100-33A.4; Article XXIV, Section 100-244B, and Article IlL Section 100338.1, for th~ reason that "... virtue of the existing setbacks and lot coverage nonconformity (increase yard at one side yard; (c) insufficient total combined side yards; (d) build- in&height.) Location of Property: Nohh Side of Pr vate Road #n extending off thc North Side of So, md Avenu*. Mattlmck. NY; Parcel No. 1000-n2-1-12. ~ I~m. Appl. No. 4767 WILLIAM K~LLER, SR. This is a in question are located h9 att R-40 Location of Property: 1740 V'fllage Zone/Ullder Secti6n 1.~0~_~, I~ot Lane, Orient, NY; Parcel 1000-24-2- ~-~l~nt lot ~ .l~_ l'z~- ~ iM~ AppL No. 4749 -- L hem i~tl~common owne~thip hlr rome (Variance regarding proposed ar- time sin~e July 1, 198~. 'Street ~iL",l(l~["~No. 468~22. ~iN- { - ~amlml~ll~{l~. 9.u..artmrk. in an ?ahting CENT TORRE. 'l~is is a conthiued ace~ budding,) Locatmn of hearing, regarding Applicant's Prop~: 1375 Pine Neck Road. requr~t for a Variance under Article Southold. N~. Parcel No. 1000-70-5- 120-3-1. 01-32. The ltoard of Appeals will at~ tim.~ ~aa[ place hear any ,~nd=all per- ~o~,qr r~prescntatives desiring to bc hear~l inthe above applications or to submit written statemcnt~ before thc h~afing /~ concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hail busine~ hours (8- 4 p.m.). If you have questionz, please do not hesitate to call (516) 765-1809. Dated: November 1,1999. Southold, lqY 11971 1045-1TN4 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Southampton Lumber Corporation (Name of Applicant) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 114 11 - 24.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) [~ H. MERRILL BECKER, JR. residing at 90 Hampton Street, Sag Harbor , New York, being duly sworn, depose and say that: On the 10th day of July ,19 99 , I pe,rsonally placed the Town's official Poster, with the date of hearing and nature of my-application, in a secure position upon ~ I~roperty, located ten (10) feet or closer from the street or right-of- way - facing the street or faciug each street or right-of-way abutting this property;** and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to befuly 22, ' ' -~M_ (Sig~[ature) H. Merrill Becket, Sworn to before me this 22nd day of July ,1999 {Not~Yy Publie} * Southampton Lumber Corporation's **near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of Southampton Lumber Corporation Parcel ID #1000-114-11-24.3 AFFIDAVIT OF MAILING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CHRISTINA ROSAS, residing at 105 William Floyd Parkway, Shirley, New York, being duly sworn, depose and say that: On the 9th day of July, 1999, I personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right- of-way of record, surrounding the applicant's property. Christina Rosas Sworn to before me this 12th day of July, 1999 ary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank You. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 22, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, .]ULY 22, 1999 at the time noted below (or as soon thereafter as possible): 7;45 p.m. Appl. No. 4723 - SOUTHAMPTON LUMBER. This is a request for a Variance under Article XXIV, Section 100-242G, in applicant's request for a lumberyard use which was disapproved January 12, 1999 for the following reason: "Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed Lo a higher classification or to a conforming use, nothing in this Article to the contrap/ notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals." Location of Property: 13650 Main Road, Mattituck, NY; County Tax Map Parcel 1000-114-11-24.3. Zone District: Hamlet Business. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: .lune 28, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski sTORY BRICK BUILDING 79'~ ~5.,)0' S 83'34'30" W ~/o/F DAliD L. 14-6.27' ~ -< SURVEY OF PROPERTY SITUA TED A T MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-114-11-24.3 SCALE 1 "=20' NOVEMBER .30, 1998 AREA = 82,003.63 sq. ff. 1.882 oc. S 87'19'40"W~ FOUND Z CERTIFIED TO: CHICAGO TITLE INSURANCE NORTH FORK BANK DENNIS G. SMITH CHRISTINE M. SMITH COMPANY N.Y.S, Lic. No. 49668 Joseph A. Ingegno Land Surveyor PHONE (516)727-2090 Fox (516)722-5093 98-634