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HomeMy WebLinkAbout4369've A-1 ,--y APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Appl. No. 4369. o��g�FFO(,�coG o� y� COD Z BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Upon Application of JESSE and SHELLEY REECE, Contract Vendees/ROSE MARY SCHARBENBROICH, Seller. This is an application for a variance based upon the Building Inspector's February 9, 1996 Notice of Disapproval issued under Article III, Sections 100-31A and 100 -31C(2 -b) in which applied has applied for a building permit to alter an existing accessory "shed" building (instead of principal dwelling) for occupancy as an artist studio wherein glass works of art will be produced. Location of Property: 800 Halyoake Avenue, Orient, NY; County Tax Map Parcel No. 1000-27-2-2.9, containing 5.02 acres in an R-80 Residential Zone District. WHER'E'AS, a public hearing was held on April 3, 1996, at which time all persons who desired to be heard were heard and their testimony recorded, and written letters received, pro and con; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this variance application is based is dated February 9, 1996. The Notice of Disapproval is concerning the proposed occupancy as an accessory "artist studio" in an existing accessory building which has a nonconforming setback and yard location. Applicants have applied for a building permit to construct alterations for a new accessory use in this accessory building, while occupying the main building as the applicants' single-family residence. 2. CODE REQ1_JIREMENTS. The subject property is located in the R-80 Residential Zone District and contains a total lot area of five acres (more than double the minimum lot size requirements). The provisions of the 'Zoning Code upon which this variance is requested is under Article 1, Section 100-13 (Definitions) and under Article III, Section 100 -31C -2-b as disapproved by the Building Page 2 - Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 Inspector pertaining to "...home occupation, home professional office (artist studio) which is required to be located in the main building...." Note: Artist studio alternatively as a principal use is not permitted; ref. Article III, Section 100-31A in the Residential Zone Districts. Other provisions pertaining to accessory buildings under the current zoning code (adopted 1/9/1989) are also noted below for reference purposes. Article II1, Section 100-30A.4. Accessory buildings: ...Accessory buildings shall be subject to the same requirements as Section 100-33 of the Agricultural -Conservation District... Article III, Section 100-33, Subsection A, provides that ..Accessory buildings and structures or other accessory uses shall be located in the required rear yard..., and Article III, 100-31C, Subsection 2-b, provides that: ...(2) b. Accessory uses, limited to the following uses and subject to the conditions listed in Section 100-33 herein...: ... (2) Home occupation, office and home business uses, the Town Board services to including home professional office. In Dermitting these 101 intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board sufficient safeguards to accomnlish that aim. These uses 'Emphasis added above to accentuate as it applies herein. Page 3 - Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 (a) No display of products shall be visible from the (b) Such occupation is incidental to t use of the Dremises and is carried on must (c) Such occupation is carried on in an area not to no Nl 9S21 (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one time or where concerts or recitals are held are prohibited. (g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boarding-houses and uses similar to those listed above. (h) Home occupations, home professional offices shall not fabrication or construction of ax business office and home include manufacturing, (i) The outdoor storage of equipment necessary for residents connected with aquaculture shall be screened from view and shall conform to the setbacks for accessory structures... (3) Boat docking facilities... (4) Garden house, tool house, storage building... Page 4 - Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 (5) Private garages... (6) Off-street parking spaces... (7) The storage of either or boat or travel trailer... (8) Horses ... (9) Yard sales, attic sales, garage sales... (10) Wineries may have an accessory gift shop... ." Section 100-13 DEFINITIONS: HOME OCCUPATION within a dwelling unit by the residents thereof that is use. (2) Activities carried on by the residents which are connected with produce of the seas... (3) Tradesmen... . HOME BUSINESS OFFICE (Amended 1-9-89, 7-28-92) The business office of an individual which does not qualify for home professional office yet provides a service rather than the retail sale of goods (i.e. offices providing the service of consulting, advertis- ing, designing and/or marketing and which typically require a home personal computer, telephone and/or facsimile transmission machine. HOME PROFESSIONAL 1-9-89; This shall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for home occupations, provided that the office, studio or occupational rooms are located in a ACCESSORY USE: A use customarily incidental and subordinate to the main use on a lot. whether such or 3. PROPERTY DATA. The premises in question is a corner lot with frontage along Platt (or Halyoake) Road, and along a private road which extends a length of 790 feet, or more. As a corner lot, this parcel contains two "front" yard areas, and three accessory storage sheds are shown to be located in the most northerly front yard with a nonconforming setback from the traveled private road. The closest dwelling is shown to be more than 300 feet from the subject dwelling, and 150 feet, approximately, from the subject Page 5 - Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 storage shed location as exists. Site and building details are more particularly shown on the survey amended August 30, 1990 prepared by Roderick VanTuyl, P.C. (and major subdivision map referred to as "Settlers at Oysterponds" approved April 9, 1984 by the Southold Town Planning Board for this five -acre parcel and other lots) . 4. PROPOSED VARIANCE. The applicant herein is requesting to locate an accessory use as a glass "art works studio' in an accessory building which has been located for many years in a front yard area. The building has been situated a short distance from a traveled, improved, private right-of-way for many years and has been used for storage purposes (potato and other types of storage). The applicants propose to alter, renovate or upgrade this building to allow for the creation of glass art. The creative method involves the melting of glass, and is proposed as an accessory use on the same site as the residence of the applicants. The applicants confirm the size of this shed to be 24 ft. x 48 ft - shown on the August 30, 1990 survey map submitted under this request. 5. AMOUNT OF RELIEF REQUESTED. The amount of relief requested in relation to the Code requirements is substantial, being 100% for the location of the proposed home "professional studio' in the accessory building located in a front yard along or near a traveled, improved right-of-way. Accessory buildings are not permitted to be used as the "professional studio' of a resident or non-resident under the current zoning provisions. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of lots used and zoned for single-family residency. 7. NO PRIOR APPEAL. The subject property has not been the subject of any other appeals or variances. 8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that the variance is pertinent to the "use" of, and "location of proposed use," in an accessory building. As such: (a) the record is not supported by sufficient evidence as to why the zoning ordinance cannot be complied with for the location of this accessory use in the main building as required by code; (b) the building which is proposed to occupy the "professional studio" is situated very close to a traveled roadway (right-of-way) and could establish an adverse effect to travelers, and in effect cause a detriment to the safety and general welfare of the neighborhood or community if granted; (c) the proposed use of this accessory building would be changed from accessory storage to an "active" art studio use which will require the installation of glass -melting furnaces, installation of outdoor propane tanks, and upgrading of the building to comply Page 6 - Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 with State Fire and Safety Codes which may allow very high temperatures (up to 2,000 degrees) in a furnace; (d) the proposed accessory use is allowable in the applicants' main building (residence), rather than in a separate detached building, and based upon the record before the board, the reasons provided do not fully substantiate the criteria necessary for the grant of this type of variance for a change of use of an accessory building, or for a new location of a professional studio in an area other than the main building; (e) as noted in paragraph 5 above, the relief requested is substantial in relation to the code requirements as to its specific location - although the studio use is an authorized land use (as an accessory use) in this zone district; (f) the reasons given in this variance request are personal in nature to the applicants rather than due to the uniqueness of the land since the owners/ contract vendees will not be deprived of reasonable use of the residence and accessory uses incidental to the residence; (g) the relief, as requested, is similar to a "use variance" of an accessory building when used for melting of glass products rather than storage purposes, and melting of glass at 2,000+- degrees of temperature in furnace(s) would in turn require structural improvements to meet State Fire and Safety Codes, and together would affect the physical character in this immediate residential area; (h) the relief requested, for a change of location of this accessory activity into an accessory building rather than in the main dwelling structure, is not the minimum necessary and adequate to achieve a benefit to the landowner, and its requested location will not preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 9. ALTERNATIVE. In this proposed change, applicant has made available for viewing by Board Members (and other interested persons) their present "occupational studio activity" at their rental building situated along the east side of Rocky Point Road, East Marion, Town of Southold. In viewing the area and activities in the furnace and melting -shaping process, the Board Members agree that the glass works is an "art" allowable as an accessory use, subject to the specific conditions set forth in the zoning code for either a "home occupation" and/or as a "home professional office." One of the significant code conditions is that the accessory use as a studio must be located in the dwelling occupied as a residence. Works of glass art are not significantly different than works of wood art, photo art, art paintings, statue art, ceramics and other types of artistry material productions. The difference is the manner in which Page 7 - Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 the artwork is produced - melting of glass in a heat furnace, as compared with other types of processing, whether by ovens, or cold processes, chemicals and/or other materials. Glass art is not manufacturing in this Board's opinion. In researching the history of accessory occupations by artists and artisans over the past 39 years since zoning commenced in Southold Town, artists, craftspersons, artisans, are not separated into different zoning use categories. Each has been treated under specific code provisions which apply to "artist, or practitioners of a similar character" under the former zoning codes, and as revised in its present language. The applicants alternatively may locate such professional glass -art "studio" in the applicants' residence. The subject accessory shed building also may continue for all types of storage purposes - related to the residential nature of the property as well as different types of allowable accessory uses - including storage of glass and articles relative to the creation of the glass art. Accordingly, on motion by Member Villa, seconded by Member Doyen, it was RESOLVED, to DENY the relief as requested in this application in its entirety, for the reasons noted above. Vote of the Board: Ayes: Members Tortora, Villa, Goehringer Dinizio and Doyen. This resolution was duly adopted (5-0). lk Approved for Filing 3/96 GERARD GOEHRINGER, CHAIRMAN BOARD OF APPEALS P.EC;_RIVED AND FI'+_,7;.11 FS -Y DATE �l�/9� i=i uli 3 ,' y5 p� i APPEALS BOARD MEMBERS Gerard P. Goebringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortura APT BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS 0 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 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 before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, APRIL 3, 1996, commencing at the times specified below: setback). 7:32 p.m. Appl. #4368 - SUSAN UTZ. The applicant is requesting a Waiver subject lot tinder Section 100-26 of the Zoning Ordinance, based upon the Building Trispector's March 14, 1996 Notice of Disapproval, in which applicant was denied a building permit to construct a one -family dwelling on vacant land based upon information received by the assessors office since issuance of January 24, 1996 Notice of Disapproval (rear yard setback). Under Article 11, Section 100-25A enacted l/l/96, the subject lot has been held in common ownership with an adjacent lot from 6/17/95 until recently. Town records show the subject parcel was single and separate prior to 6/17/95 when deed transfer was recorded in the Suffolk County Clerk's Office in a probate matter. The subject lot is shown to be in common ownership with an adjoining substandard lot (1000-18-1-9) improved with a single-family dwelling. The subject parcel is identified as County Tax Map Parcel No. 1000-18-1-12, and has been assessed as a separate parcel known as 295 Youngs Road, Orient for more than 32 years. SP Page 2 - Legal Notice 0 0 Regular Meeting of April 3, 1996 Southold Town Board of Appeals 7:35 p.m. Appl. No. 4370 - HUGH MURPHY. This is an application for a variance based upon the Building Inspector's March 8, 1996 Notice of Disapproval issued under Article XXIV, Section 100-244 in which applicant applied for a building permit to construct one-story accessory garage in a side yard at premises known as 605 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-8 setback is required.) (Location in a rear yard with a 15 -ft. 7:40 p.m. Appl. No. 4368 - GEORGE JOHNSTON. This is an application for a variance based upon a disapproval issued by the Building Inspector dated 2/115/96 in which applicant requested a building permit to construct accessory garage building with an insufficient front yard setback and with lot coverage over the 20% limitation (for all building construction) , Article III, Section 100-33C (from Section 100-30A.4) and Article IIIA, Section 100-30A.3, Bulk Zoning Regulation Schedule. Location of Property: 85 Mesrobian Drive (private road), Laurel, NY; County Tax Map Parcel No. 1000-145-4-6. 7:45 p.m. Appl. No. 4369 - JESSE and SHELLEY REECE, Contract Vendees/ROSE MARY SCHARBENBROICH, Seller. This is an application for a variance based upon the Building Inspector's February 9, 1996 Notice of Disapproval issued under Article III, Sections 100-31A and 100 -31C(2 -b) in which applied has applied for a building permit to alter an existing accessory "shed" building (instead of principal dwelling) for occupancy as an artist studio wherein glass works of art will be produced. Location of Property: 800 Halyoake Avenue, Orient, NY; County Tax Map Parcel No. 1000-27-2-2.9, containing 5.02 acres in an R-80 Residential Zone District. Page 3 - Legal Notice 0 Regular Meeting of April 3, 1996 Southold Town Board of Appeals 11 8:00 p.m. Appl. No. 4371 - JOSEPH KANE. This is an application for a Variance due to insufficient total side yards based upon the Building Inspector's March 12, 1996 Notice of Disapproval issued under Article XXIV, Section 100-244 in an application for a building permit to construct a single-family dwelling. Property Location: 3100 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-1-8. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and are in addition to other hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions, please also do not hesitate to call 765-1809. Dated: March 18, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski X . FORM NO. •„ 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: To �•� (�f°"'y����'<��-� 3�i�/l.� CD ,zZ4 4t PLEASE TAKE NOTICE that your application dated ............ I99� -y/ t� N for permit to ��!ey _ 1 tPsLL _ �1i _1 •��'-! /�� Location of Property rPI1. fJ , -4*44 ii /��! �G[y t...._.......�_ House No Street _ Hamlet County Tax Map No. 1000 — Section ..�� BLOCK ........ LOT ....! 9 Subdivision ............................... Filed Map No. .........Lot No. is returned herewith and disapproved on the following rounds .44d1 Q4Q4' r i....... • • ...... ..... .. •'sem- - - ,?e- .CL... �'�'l, c - •Gtr, ............... • • • . ��y� •• .1.d 0�-�: f�///.. G'%..�� .��.�-�....::vmR..d-G'�. ....... ...... .. ....... ..... .......... A......... ............ ..... .......... `-•••••••••.••.••••••••••••••••••••••• ............................... •--....••-•••••••-•••••• ...................•••••••- RV 1/80 Buz7p, ector nuvcd ......... .. upprovcd a/c v' a. '1'Itis applicalion is of plans, iccurilc p b. Plot plan shown :teas, and giving a d lion. C. The work cover d. Upon approval )all be, kept on the pre e. No building sh: )all have been granted APPLICATION IS wilding Zone Ordinal :egulatiorts, for the c 1)e applicant agrees (intit authorized inspr State whether applica, • FOUM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT. TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1802 .., 19A4 , 19 ... Permit No........... . ' ..... (Buildiue htspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS • Received,.....,., 11 .. ;F1 r D �_Ij IMOM BIF3 ilu'r. Date ..January,,31.,..., 19 ..96 ust be completely filled in by I typewriter or in'ink and submitted to the Building Inspector) with 3 plan to scale. Fee according to schedule, Public streets location of lot and of buildings oil Premises, relationship to adjoining premises or p ailed description of layout of property must be drawn on the diagram which is Part of this appli- by this appllctation may not be commenced before issuance of B""Ing Petmit.ltcant Such permit this application, (he Building Inspector will 'Issuer! a Building Permit to the app ises available for inspection throughout the work, be occupied or used in whole or In part for any PurPose whatever until a Certificate of Occupancy y the Building Inspector. EREBY MADE to the Building 131eparlinent for (he is, of a Building Permit pursuant to the. of the Town of Soutbold, Suffolk County, New York, and other applicable Laws, Ordinances or slruction of buildings, additions or alterations, or for removal or demolition, as herein described. comply with all applicable latus, ordinances, building code, housing code, and regulations, and lu tors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporatirn)) 828 Front St., POBox ......... .... (NI ailing address of applicant) Greenport, NY 11944 ,t is owner, lessee, agent, architect, engineer, general contractor, electrician, phuu(,cr or bu,ldcr. Attorney for contract vendees Jesse and....... y, ,R�ecQ.................... ............ Ingo and Rose Mary Scharrenbroich ............... Name of owner of Pre, rises .......... . .................... . ax yo [I . r latest ed) . (as at the lax roil or latest decd) If applicant is a corpotlation, signature of duly authorized officer. ............... (Name anti title of corporate officer) Builder's License No. ........................ . I'lunbcr's Licensie No . ........................ Electrician's l.icdIlse NO, ...................... Other Trade's License No . ..................... 1. I_oc itiou of land n whictr proposed work will be done. .. • • . • • • ' ' ' ' ' ' 800 Halyoake Avenue......Orient ..... ...... Ilonse Number Slrer.t County "fax Map No. 1000 Section ...27 ........ . .... Block .... • • 2 .......... Lot .... •2.9• • ........ Subdivision ....... , . .................. I .... Filed Map No. ........... ......., Lot ............... (Name) 2. Slate existing u5 m and occupancy of preises and intended use and occupancy of proposed construction: with 4 detached. sheds. .............. I . Existing use a )d occupancy one -family dwelling with 4 de . ,, .Qn(p-f4 .mjjy...dwp-llinq .with .3.detached detached - sheds and -artist... bFlnlended use iuul occupancy studio wherein glass works,of art will beiproduced. 3. NaUue of %voik (check which applicable): New Building .......... Addition ........... Iteration - Itepair Removal ... Demolition .............. Other l\ork ......... ...... Concrete will be poured for new flooring in existing shed(bar ). (Desctiption) d. Estimated Cost............ .......... Fee ...................................... P '^ (W be aid mt rilin this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each. fl or :..... I _ ..... . . Ifgarage, number of ears ....................... . ....... co vert- -barn- -to '... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ar• .1st. studio • • . • 7. I.)iuteusious of existing structures, if any: Front ............... Rear .............. D pill ........ . Ilcipht ...... Number of Stories . ............................. .... I .......... I— ... ,.. . Dimensions of same structure with alterations or additions: Front - • .. • • • • • • - • • • • • • Rear ............... . . Depth ...................... Height ..... _ ... • ............ Number of Stories ................... . 8. Dimensions of entire new constntction: Front ............... Rear ............... Depth .... ........ I leight............. Number of Stories .......... . .............. . .......... .. - ............ . . 9. Size of lot: Front ......... . Rear .............. . ....... Depth .. _ .................. . .. Name of Former Owner ... • • . . • • • • • • .. ' Ill. Dale of Purchase ....... 11. Zone or use district in which premises are situated ............ c .. • • • • . ' ' ' ' ' ' ' ' ' . ' 12. Does proposed construction violate any zoning law, ordinance or regulation: ..... no..... _ - se - S: ... Yes ....... : 13. Will lot be regraded ....... _no. _ _ ......... Will excess fill be removed from prem s1 No 238 Warren St., Picone 0' ... I .. ......... 1=1. Name of Owner of premises .Schaxenbx.oich.... Address • 13Ybbk7ryfnNY ... Name of Architect ............. Address ... Phone 4o................ Name of Contractor ..... .. Address ................... Phone o............ PLOT DIAGRAM Locate clearly slid distinctly all buildings, whether existing or proposed, and. indicate all se -back dimensions from property, lines. Give street and block number or description according to deed, and show street nam sand indicate whether intelior Or Co'ner lot - SEE ATTACHED SURVEY STATEOFNEWSufPK S.S BOUNTY OF ........ I .... I .. . William H. Price, Jr. . ........ . . .... . ...................... (Name of individual signing contract) above named. being duly s,,vorn, deposes and say that Ile is the applicant Ile is the .... attQy'liey • €Px..thf=..4Qtrtxact. vendees, . Jesse- and cSc) etc.) I (Contractor, agent, corporate officer, of said owner or owners, and is duly authorized to perform or have Performed the sail work application; that all statements contained in this application are true to the best of his knowlcd work will be performed in Ilte manner set forth in the application riled therewith. Sworn to before 1110 this 31st day of ...... January......., 19 . ..6 .Notary Public, Sxgf91X .. •tINDA•MJONY&linty 1Wry Publio"§tate of Newyork .4942888, Suffolk County. . ...... V Tvrm Expires October 3, 199ir+ td to Make and file this and belief; and that lhc. (.`ii!!nafu�e r�( aIl��lir•n!11 RECE&D� MARS 1996 Town Oak -Soy Wd TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .M911CH.................1996 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .......................of .. QQ.A4alyoake„Avenue .................................... Name of Appellant Street and Number Orient ..................................................... .Nera..Yoxk........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .Jesse Reece and Shelley„R�ece,,,,,,,,,,,,,,,,, ................ Name of Applicant for permit of 800 Halyoak�. AveAlte........................Axzent........... .....AAh .YAk S................. Street and Number Municipality State ( ) PERMIT TO USE (X4 PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY.....BQQ.Halyoake..Avenue.,..Oxient,..BBA................................ Street /Hamlet / Use District on Zoning Map District 1000 Section 27 Block 2 Lot 2.9 ............... .......... _......... __......... ................... _..Current Owner Ingo W. and Rose Mary Scharrenbroich Map No. 'Lot No. Prior Owner Charles D. Horowitz 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article I Section 100-13 and ARTICLE III Sections 100-31A and 100-31C(2)(b) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal # xx* (hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeoi No.................................Dated ............................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance is requested for the reason that Notice of Disapproval issued by the Southold Town Building Inspector dated February 9, 1996 and filed herewith for the conversion of accessory building to artist studio for the creation of glass works of art. `...... Fbrin ZBt (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa HARDSHIP because the artist studio that the applicant desires o establish can not be located within the private one -family dwelling on the premises without drastic and costly modifications to the structure itself. The artworks created by applicant consist of hand -blown and hand -shaped glass which requires operation of an electric cooling oven and gas melting furnace. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the unique features of this property are that there are four existing outbuildings which have been located on the premies for many years.. One..of these buildings (see survey) is ideally suited as an artist studio, which is a permitted home occupaation. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are other artist studios in the neighborhood, for example, Robert Berk's Rtudio is across the street from the subject premises. Modification of the existing shed on the premises will not significantly alter the quaint charachteristics of this neighborhood or nor will it adversely effect.the physical or environmental conditions of the neighborhood. STATE OF NEW YORK ) ss COUNTY OF SUFFOLK) Sworn to this ........... fith......... Fgnattu J IER B. GOUESQ: day of ........... March. ..:......... .. 19 96 ............................................... .... Notary Public LINDA M. TONYES Notary Public, State of Newyork No. 4942668, Suffolk County Term Expires October 3,1 91-'ao i `if c ' TOWN OF SOUTHOLD t..1i it ? -•. � , PROPERTY RECORD CARD OWNER STREET 1900 VILLAGE DIST.1 SUB. LOT c ) �ese ar re brvic6(I a e. Nvc A FORMER OW ER ! e N E ACR. 1,1 ( )= S W TYPE OF BUILDING RES. SEAS. VL.FARM COMM. CB. MICS. Mkt. Value P• - E. LAND IMP. TOTAL DATE REMARKS 3�C> l b'�? q2 7 SOC? 2 2� c%O ©—-, r elo F a� �rk. 2 -CvnSki , T ,f c.fe_ 3�e�c? coo 5,t���a !2d0C') 8 I ao �`�Ck7 s , c1 IZ. nO r -LI 970 558-$cE ar`rFi�l-r i�GT �, S ! rrtr b�-oic.�l N[G 3 Co c�c7 5gc�u 9nc�� Ick 11 41 Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH - House Plot /' /� c <<� a " " BULKHEAD - Total l xy M._Btldg. �;��KI`i � 5,z!� 2394 Foundation Q, C, Bath Extension q, x,i ° � 4 `�+!a#� r- ,� �, � g�� Basement �u \I Floors DAY AU) Extension a� K (( y 2,57 �9 t) F_xt. Walls C«4r,,r = .4r.�c Interior Finish I'llExt n slci(tR,(p it.I fS = /(,cA 3.50 HZp, Fire Place Nb ;,^t,l.te Heat d liV'l li. i Porch i\ 1( tri ; -7(p ,5(.) 3 Pool Attic Deck 12- Patio Rooms 1st Floor LV— Breezeway !? r ?r.'' =1�e� io�� :IS t7 Driveway Rooms 2nd Floor Z$C''c -t d\. Garage 2 G. K 1 < , = 2 lr�> 0. B., too I .1 � l) NOfC , Tc��rlGia. Ef"ToNt=oF,svrTi7EM AT 1N_THi 3� aG�FI W. CL$'QV'" '' r -r� E" AlF Moo t-' NG.772q. W�.arar: ELrw. _ t?.O FT. ABOVE M. AN SEA, (,RE" -,Y -L,25 i NAA 6. c 011, Ut 1 1 O!i ARC IWSWO A(i,'� 0 d!7'C i�%ti 9, ;c - �- Rl+ .' tCJC?.Q 25TDRY 412.N0 • _ _ . __.—... i�{S S AfZC•BT. �� IMay �,SE F TTC SY5TE M SEE DETAIL. IMI F ht m W-49' I7 2Q v„. u, ' l a0 LTA ' 'rid -A'-. a 6 ! V4 t1Y g . 4 e o aasand 5 seal ah inked s^a1 V a �bossee seal zha11 not w OOeNMMF r,l b 66 a valid INe Copy. 0 d!7'C i�%ti 9, ;c - �- Rl+ .' tCJC?.Q 25TDRY 412.N0 • _ _ . __.—... i�{S S AfZC•BT. �� IMay �,SE F TTC SY5TE M SEE DETAIL. IMI F ht m 423.6& 8 VACA1 ; 7 MAP Off' _f�rU�� ►�7'Y ____•-%(�VEYi-LJ F'OQ ccl Ar OD owErs-r TOWN OF OU 1_FIOLt), htY 5GALt __ JQQ i At'• m S>a1$-7 AC m r A= T 44' �.... _ .__..I 5ePTIC SY5TQM SUFFOLK CO. HEALTH DEPT. APPROVAL q H S. NO J-S:�-94 STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT OF HEALTH SERVICES. ISI APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES - FOR APPROVAL OF CONSTRUCTION ONLY DATE H. S. REP. NO. 39"50-94 APPROVED. - SUFFOLK CO TAX MAP DESIGNATION: DIST, SECT. BLOCK PCL. -1 s_' 2.9 OWNERS ADDRESS: 21;6 WA12VI(EN 8'I. Bt ovu.`ew, N.Y. (1201 DEED: L. fN A P. TEST HOLE I STAMP TITLE;CO NO 605-5 -354 W-49' I7 2Q v„. u, l Msarvey LTA ' 'rid -A'-. a 6 ! V4 t1Y g . 4 423.6& 8 VACA1 ; 7 MAP Off' _f�rU�� ►�7'Y ____•-%(�VEYi-LJ F'OQ ccl Ar OD owErs-r TOWN OF OU 1_FIOLt), htY 5GALt __ JQQ i At'• m S>a1$-7 AC m r A= T 44' �.... _ .__..I 5ePTIC SY5TQM SUFFOLK CO. HEALTH DEPT. APPROVAL q H S. NO J-S:�-94 STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT OF HEALTH SERVICES. ISI APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES - FOR APPROVAL OF CONSTRUCTION ONLY DATE H. S. REP. NO. 39"50-94 APPROVED. - SUFFOLK CO TAX MAP DESIGNATION: DIST, SECT. BLOCK PCL. -1 s_' 2.9 OWNERS ADDRESS: 21;6 WA12VI(EN 8'I. Bt ovu.`ew, N.Y. (1201 DEED: L. fN A P. TEST HOLE I STAMP TITLE;CO NO 605-5 -354 Msarvey i c�eftlMos of od del moloa 6 ! V4 e o aasand 5 seal ah inked s^a1 V a �bossee seal zha11 not w OOeNMMF b 66 a valid INe Copy. 6i4,9ntaea and ated Mmdn EllMltW" eon , wMthe ,My . only to iM pRbm aa prepared, ana on hia bohau b tM Q ° iRle eompany, gwemmental agw" wo .p lending inslautlod rk:od nerean tlltl I MAp AMENDED NpV.$,tq�8 . NOV. 8 t989• AUG 7►� ±i ° i to the assgnedd or Mab moi'- *w ) AUG, 3011990.oaaeea _7 o.GuaanOesar6nahmAYMe Ath3rt iib i�tiw(auf` aw�ars. UARANTEED M �o CS :. .. .y. `_` DANK• M GK V,q,1,T/O I' "T)A k 111 a fln% 4 Y11>C r. /a 'earl lC_' &5V�FEB. y F AN JUYL, P C. ILLJII `' y / .. is z' w • � cnvv LICENSED LAND SUR EYORS GREENPORT NEW YORK APPEALS BOARD MEMBERS coo Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD June 4, 1996 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Re: Appl. No. 4369 - Art Studio/Location as Accessory Use Dear Ms. Gould: As confirmed earlier last week with you, a denial was rendered by the Board of Appeals at our May 29, 1996 Regular Meeting (at which the apPlicant and others were present). Enclosed is a copy of that determination. Also, due to the proximity of this project within 500 feet of a waterway, State or County Road, the Town is required under the Suffolk County Administra- tive Code to transmit a duplicate file of the variance request to the Suffolk County Department of Planning for their determination. It is expected that their agency will not have objection and will forward written comments directly to you. Very truly yours, Enclosure Linda Kowalski Copies of Decision to: Building Department Suffolk County Department of Planning J. Kevin McLaughlin, Esq. (Agent/Oppos.) APPEALS BOARD MEMBERS Gerard P. Gcehringer. Chairman Serge Doven, Jr. James Dinizio, Jr. Robert A. dila Lydia A. Tonora Appi. No- 4369. 'o��SlifrJ(,��oi a BOARD OF APPEALS TOWN OFSOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 51.095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1323 Telephone (516) 765-1309 Upon Application of JESSE and SHELLEY REECE Contract Vendees/ROSE MARY SCHARBENBROICH, Seller. This is an application for a variance based upon the Building Inspector's February 9, 1996 Notice of Disapproval issued under Article III, Sections .100-31A and 100 -31C(2 -b) in which applied has applied for a building permit to alter an existing accessory "shed" building (instead of principal dwelling) for occupancy as an artist studio wherein Mass works of art will be produced. Location of Property: 800 Halyoake Avenue. Orient, NY; County Tax Mau Parcel No. 1000-27-2-2.9, containing 5.02 acres in an R-80 Residential Zone District. WHEREAS, a public hearing was held on April 3, 19967 at which time all persons who desired to be heard were heard and their testimony recorded, and written letters received, pro and can; and WHEREAS, the Board has carefully considered all testimony and documerntadon submitted coucerning this application; and WHEREAS, Board VTernbers have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas: and WHEREAS, the Board made the following findings of fact: i. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this variance application is based is dared February 9. 1996. The Notice of Disapproval is concerning the prnposed occupancy- as as accessory "artist studio" in an esisring oc(:E�ssory building which has a nonconforming setback and yard loenrimi. Applicants have applied for a buiiding permit to-onsiruct :rileratiolrs Lor a new accessory use in this accessory uuiiding, wi le occupying the main building as the applicants' single-famil i'eS7.Cle C1CP . 3. CODE REQ UT=,JENTS. The subiect property is ocared in rhe R. -:i0 Reside.-uial Zone Districr. and contains a tonal for area of Fi'ry nrr(,5 (rtrorp rhan Joubie rhe minimum for size rem_riremenrs). The provisions of the Zoning Code upon :viuch this :ariaucs is rearrested is under .Articie 1. Section 100-13 ;Definitions: a,,d under \:'Acle III. Seccou -1 SIC -3-u as disaporoceu b tyle Bi idi:: Page 2 - Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 Inspector pertaining to "...home occupation, home professional office (artist studio) which is required to be located in the main building. ...° Note: Artist studio alternatively as a principal .use is not permitted; ref. Article III, Section 100-31A in the Residential Zone Districts. Other provisions pertaining to accessory buildings under the current zoning code (adopted 1(9(1989) are also noted below for reference purposes. Article III, Section 100-30A.4. Accessory buildings: ...Accessory buildings shall be subject to the same requirements as Section 100-33 of the Agricultural -Conservation District. _ _ Article III, Section 100-33, Subsection A, provides that ..Accessory buildings and structures or other accessory uses shall be located in the required rear yard_.., and Article III, 100-31C, Subsection 2-b, provides that: ...(2) b. Accessory uses, limited to the following uses and subject to the conditions listed in Section 100-33 herein...: ...(2) Home occupation, including home professional office and home business office. In permitting these uses the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these' businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the Emuims;s added, above to accentuate as it anodes herein. Y Page 3 - Appl_ No. 4369 Platter of [Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 (a) No display of products shall be street_ and no stock -in -trade shall (e) Studios where dancing or music instruction is offered to groups in e%cess of five (3) pupils at one time or where concerts or recitals are held are prohibited. (f) In no manner shall the appearance of the buiidin be altered, nor shall the occupation be conducted in a r use (g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boarding-houses and uses similar to those listed above. I i Rome occupations, home business office and home hrofessionai offices shall not include manufacturing, rabrienrion or construction of anv type on the site. i) The outdoor storage of equipment necessary for ^esidenrs connected with aouacuiture shall be screened r)m _17 s and shail conform to -lie setbacks for accessory st'ructu'res... (3; Bn;ir docking' facilities... (_:arden house, too( holrsc^. 3mra.-12 'building... Page 5 - Appl. No_ 4369 Matter of Application - JESSE and SIIELLEY REECE Decision Rendered May 29, 1996 storage stied location as exists. Site and building details are more particularly shown on the survey amended August 30, 1990 prepared by Roderick VanTuyl, P.C. (and major subdivision map referred to as "Settlers at Oysterponds" approved April 9, 1984 by the Southold Town Planning Board for this five -acre parcel and other lots). 4. PROPOSED VARIANCE. The applicant herein is requesting to locate an accessory use as a glass "art works studio" in an accessory building which has been located for many years in a front yard area. The building has been situated a short distance from a traveled, improved, private right-of-way for many years and has been used for storage purposes (potato and other types of storage). The applicants propose to alter, renovate or upgrade this building to allow for the creation of glass art. The creative method involves the melting of glass, and is proposed as an accessory use on the same site as the residence of the applicants. The applicants confirm the size of this shed to be 24 ft. s 48 ft shown on the August 30, 1990 survey map submitted under this request. S. AMOUNT OF RELIEF REQUESTED. The amount of relief requested in relation to the Code requirements is substantial, being 100% for the location of the proposed home "professional studio" in the accessory building located in a front yard along or near a traveled, improved right-of-way. Accessory buildings are not permitted to be used as the "professional studio" of a resident or non-resident under the current zoning provisions. S. CHARACTER OF SURROUNDING AREA. The neighborhood consists of lots used and zoned for single-family residency. i . NO PRIOR APPEAL. The subject property has not been the subject of any other appeals or variances. S. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that the variance is pertinent to the "use" of, and "location of proposed use," in an accessory building. As such: (b) the building (a) the record is not supported by sufficient evidence as to why the zoning ordinance cannot be complied with for the location of this accessory use in the main building as required by code; (b) the building which is proposed to occupy the "professional studio" is situated very close to a traveied roadway (right-of-way) and could establish an adverse effect to travelers, and in effect cause a detriment to the safety and general welfare of the neighborhood or community if granted; (c) the proposed use of this accessory building would be changed from accessory.; storage to an "active" art studio use which will require the installation of glass -melting furnaces, installation of rmuloor propane tanks. an(.! upgrading of the building to comni-,- Page 7 - Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 the artwork is produced - melting of Mass in a heat furnace, as compared with other types of processing, whether by ovens, or cold processes, chemicals and/or other materials_ Glass art is not manufacturing in this Board's opinion. In researching the history of accessory occupations by artists and artisans over the past 39 years since zoning commenced in Southold Town, artists, craftspersons, artisans, are not separated into different zoning use categories. Each has been treated under specific code provisions which apply to "artist, or practitioners of a similar character" under the former zoning codes, and as revised in its present language. The applicants alternatively may locate such professional glass -art "studio" in the applicants' residence. The subject accessory shed building also may continue for all types of storage purposes - related to the residential nature of the property as well us different types of allowable accessory uses - including storage of glass and articles relative to the creation of the glass art. Accordingly, on motion by Member Villa, seconded by Member Doyen, it was RESOLVED, to DENY the relief as requested in this application in its entirety, for the reasons noted above. Vote of the Board: Ayes: Members Tortora, Villa, Goehringer Dinizio and Doyen. This resolution was duly adopted (5-0). i lk Approved for Filing 3/3/96 v� GERARD GOEHRINGER, CHAIRMAN BOARD OF APPEALS r� r �c7vy. jT�D AND FILED BY j .s: SGUTIKILD TLi `WY'1 CL:L u1 ID TE CUR :y5'Pwc Anne Hopkins 111111110ri8ent, .Platt 11oad 957 Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, NY 11971 Dear Mr. Goehringer, • April 23, 1996 This letter concerns the application of Mr. Jesse Reece for a variance to conduct a glass-blowing operation in a barn on property on Halyoake Road in Orient. I have been out of town and only recently learned of this application, which conceerns me directly as I live a short distance away on Platt Road. While I support the growth of arts and crafts operations in our area, I am firmly opposed to Mr. Reese's application for several reasons. First, having visited his current studio when it was part of a benefit tour, I know that his operation is hot and noisy. I walk, bicycle and drive by that barn frequently, often several times a day and sometimes in the evening. I cherish the peace and quiet there and the chance to enjoy the natural environment in the area, which would be totally spoiled if this disruptive activity is allowed. Second, but perhaps even more important, the barn Mr. Reese proposes to use is at the edge of the property he intends to buy, right on the road at what has become in recent years a very hazardous intersection. The narrow, winding extension of Platt Road that begins at that intersection is used by boaters going to and from the town landing on Narrow River,coming both from Platt Road and from Halyoake, which join right at the property in question, as well as by many bicyclists, since it is one of the most scenic routes in Orient. Any major activity in a structure at the edge of the road would greatly increase the danger. Third, the barn Mr. Reese wants to use is an old wood structure, adjacent to other wooden buildings. Even if he were to completely remodel the barn he proposes to use the fire hazard would seem to me to be considerable. We all know that winds in Orient can carry flames far from their source. Finally, I am concerned about the precedent that would be set in granting Mr. Reese a variance to use an outlying structure in his business. To me, the question whether it is an art studio or a factory is secondary to the fact that he wants to use the barn for his business. While this may be appropriate in cases where the business creates no noise or other threat to neighbors, I believe it is an issue to be considered carefully by the Town F l 1 • Board because of the precedent it would set. I too own outbuilding's at the edge of my property and am well aware of the limitations on their use. If Mr. Reese is granted his variance, many others will undoubtedly seek similar variances for structures on their property. This could have an adverse impact on Orient and other hamlets where such structures are common. I urge you to deny this application. Sincerely yours, Anne S. Hopkins • Brian Hagiwara 0 2835 Platt Road P.O.Box 167 Orient, NY 11957 (516) 323-1231 ✓� Southold Town Zoning Board of Appeals Southold Town Hall 33095 Main Road, P.O.Box 1+ Southold, NY 11971 April 19, 1996 ([�� Dear Members of the Board: A friend of mine who is an attorney in New York sent this to me regarding Jesse Reece's attempt for a studio on Platt Road. He cannot give his name because of his company policies. However, this information is definitely worthy of attention. Thank you, once again. Sincerely, Brian Hagiwara To: Brian Hagiwara/Bret Btonfman FAX 674-3831 The focus of the Zoning; Board of Appeals on the quietness of the Reece's furnaces totally misses the point. Glass manufacturing involves use of furnaces with temperatures approaching 3,000 degrees Farenheit, 5M ems, lj hey-OwenS-Ford Co v lnsurance Co. of North America, 9 F.3d 422, 424 (6th Cir. 1993); 11e1s v. Bland, 347 F.2d 835, 52 C.C.P.A. 1641, 146 U.S.P.Q. (BNA) 378 (United States Court of Customs and Patent Appeals 1965); Owens-Illinois Inc v E b rLCorn., 208 U.S.P.Q. (BNA) 27 (D. Conn. 1979). It is for this .reason that such facilities are typically found only upon properties zoned for manufacturing or industrial uses. More importantly, the courts that have considered the issue have expressly found that a permissible "home occupation" use of a residential premises cines not extend to facilities similar to those proposed by the applicants. Narbonn v. Town o' Rye, 130 N.H. 70; 534 A.2d 388 (1987) (prohibiting applicants them from operating a stained glass business in their home on the ground that the stained glass business is not a customary home occupation, and that it is not an accessory use of their home); People v. Daly, 28 N.Y.S.2d 604 (Court of Special Sessions of New Castle, Westchester County 1941)(coloring of neon signs in home prohibited; "The aesthetic duality of the product is not material.... The basic test of a zoning ordinance is -- Docs it promote the public health, safety and general welfare?... Should creative work of aesthetic merit be dangerous or unhealthy, it might not be art within the meaning, of the ordinance. The aesthetic quality of defendant's work, or its relation to the crafts as distinguished from the arts, is immaterial under such a test. The question is not how much or little 'art' defendant produces but whether he produces it professionally or by Business methods") W ............................. ..�...................................................... MEMORY STORAGE REPORT ....................... (APR 22 '9G 12:10PM )................. • SOL*D TOWN HALL 516 765 1823 .................................................................................................................................................................................. ( AUTO) ..................... FILE FILE TYPE OPTION TEL NO. 014 MEMORY TX 4770130 PAGE 02 ....................................................................................................................................................................................................................... REMAINING CALL CAPACITY 21 ....................................................................................................................................................................................................................... l Brian IaglwaTa p( 2835 Platt Road P.O,Box 167 Orient, NX 11957 (516) 323-1231 A Southold Town Zoning Board of Appeals Southold Town Hall 33095 Main Road, P.O.Box 1 Southold, NY 11971 f' @ EAPR22W April 19, 1996 IJ Dear Members of the Board: A friend of mine who is an attorney in New York sent this to me regarding Jesse Reece's attempt for a studio on Platt Road. He cannot give his name because of his company policies. However, this information is definitely worthy of attention. Thank you, once again. ....................................................................... ..... TRANSMISSION RESULT REPORT ..... ._...........(APR 22 '96 12:12PM)................. SOLD TOWN HALL 516 765 1823 :................................................................................................................................................................................. (AUTO) ..................... THE FOLLOWING FILES) ERASED FILE FILE TYPE OPTION TEL NO. PAGE RESULT 014 MEMORY TX 4770130 02/02 OK ..................................................................................................................................................................................................................... ERRORS 1) HANG UP OR LINE FAIL 2) BUSY 3) NO ANSWER 4) NO FACSIMILE CONNECTION Brian Hagiwara 2835 Platt Road P-O,Box 167 Orient, NY 11957 (516) 323-1231 Southold Town Zoning Board of Appeals Southold Town Hall 33095 Main Road, P.O.Box Southold, NY 11971 April 19, 1996 Dear Members of the Board. A friend of mine who is an attorney in New York sent this to me regarding Jesse Reece's attempt for a studio on Platt Road. He cannot give his name because of his company policies. However, this information is definitely worthy of attention. " Thank you, once again. April 18, 1996 EJ t,�NNF WtNsLow 1610 PLATT ROAD, Box 2059 ORIENT, NEW YORK I1957 516.323.3723 SOUTHOLD TOWN ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 1 1971 Re: Application of Jesse and Shelley Reece Dear Members of the Board: I live a short distance from the intersection of Platt and Halyoake Roads,where the Reeces seek to operate a glass blowing facility. I am strongly opposed to granting this application. For me, the aesthetic quality of Mr. Reeces work has never been in question and is not relevant to any discussion about his application. Glass manufacturing (even if artisan in nature) requires the use of furnaces with temperatures upwards of 2500 degrees Fahrenheit. Usually because of this and the attendant health and safety issues, such enterprises are found in areas zoned for manufacturing or industrial, not residential use. To allow Mr. Reece to locate his glass manufacturing concern in an auxiliary building, in front of his residence, a few feet from the road and his neighbors property, in an environmentally sensitive residential neighborhood, flies in the face of what is clearly set forth in the Home Occupation Code as appropriate for a professional office/studio. But you've heard all these arguments—from a personal and emotional viewpoint, it makes my heart ache to think that a very special corner of Orient may be subject to the same noise and pollution as everywhere else. Enjoyment of this area is not exclusive to the immediate residents. Many people come to ride bicycles, birdwatch and sketch. Many people take creative inspiration from the the unmolested charm of place. It is unfair and selfish and dangerous to purposely break a zoning law which was written with good intent to protect many, in order to grant one man his wish. I pray you will not do it. Respectfully Yours, Anne Winslow ATTORNEY AT LAW ��J��� P.O. BOX 1210, T/ jnd5�y PrCfesisiael Ctr., 44= Aliddle Rd. SOUTHOLD, NEW YORK 11971 /t-c_e,u�cc% (516) 765-6085 April 19, 1996 SOUTHOLD TOWN ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: Application No. 4369 of Jesse and Shelley Reece Dear Members of the Board: I was truly disheartened by the tone of the public hearing in the above -referenced matter held on April 3, 1996. Unfortunately, anyone expressing opposition to the application was branded as "anti -artist". Clearly, the opposition to this application isnot based on a desire to ban artists or craftsman from Southold Town, but rather, a well-founded expectation that any proposed use should conform, in substantial part, with the applicable zoning ordinance and not unduly impact upon surrounding residential uses. The issue of whether the instant application seeks to allow a manufacturing process, in clear violation of the zoning ordinance, is not determined by the fact that the applicant is deemed to be an artist or craftsman. The issue is not what he creates, but how it is created. A legitimate concern has been raised regarding the use of propane furnances, reaching temperatures of several thousand degrees Farenheit, in an old, wooden structure, within a few feet of the road, to create his glass works. At least some of these furnaces are left on twenty- four hours a day all year around; much of the time without any supervision whatsoever. The issue of noise is also clearly relevant. Despite the experience of the board members, who viewed the existing facility on Rocky Point Road only upon prior notification to the applicant, several of the objectants had markedly different experiences when they view said premises without prior notice. These people observed substantial noise eminating from the facility, together with broken pieces of glass all over the floor. Mr. Nefsky recounted that during his visit he was unable to make himself heard inside the facility, despite yelling very loudly and that the sound level outside was also disturbing. The fact that one neighbor, who lives several hundred feet away from the existing facility, has not experienced any problems, is not terribly reassuring. The existing facility is a cement block building, not an old, wooden structure with absolutely no sound insulation. The existing facility is also located next to a substantial commercial greenhouse operation and very near to one of the largest and busiest farm stands on the North Fork, which coincidentally is owned by the family of the residential neighbor who has no objection to the current Reece operation. Even more important, is the issue of whether a "home occupation" under our zoning code should be allowed in an accessory structure. One of the applicable provisions of the Code, Section 100-13, defines a "home occupation" as " ..any gainful activity customarily conducted only within a dwelling unit by the residents thereof that is clearly secondary to the residential use." Despite the protestations of a former Town Supervisor, the language is clear - a home occupation must, by definition, only be conducted within the dwelling unit, not in an accessory building. A home occupantion is "...usually subject to restrictions intended to render them so unobtrusive that they would detract little from a primarily residential neighborhood." (Anderson, American Law of Zoning, 3rd Edition, 1986, at page 619). [It is interesting to note, that the applicants are not proposing to operate this glass blowing facility within a substantial residence located on the subject premises. If, in fact, the proposed glass blowing facility is to have a minimum impact upon the immediate neighborhood, why not locate same within the applicants' proposed primary residence, as mandated by the zoning ordinance. This residence is set back much further from neighbors and would presumably have much less impact on the surrounding residences. The answer is quite simple: the impact of such a facility within a residence would be substantial and is, therefore, inappropriate. It is respectfully submitted that if such use is inappropriate within a residence, it is equally inappropriate in an old, wooden accessory building located only a few feet from the property line. The applicants seek to impose this facility on their neighbors, instead of bearing the impact of same upon their own residence. This is the point of the "home occupation" ordinance. If the use is unobtrusive enough to be operated within your own home, it should have a minimal impact upon the surrounding residential neighborhood. Otherwise, it should not be allowed. As set forth in my letter to you dated April 3, 1996, the entire "home occupation" ordinance is founded upon the premise that the "home occupation" would be conducted within the subject residence. Most of the restrictions imposed upon "home occupation" accessory uses by Section 100-31C(2)(a)-(h) of the Town Code, which were included to minimize the impact of such business uses in residential zones, clearly presume that said use would only be allowed within the confines of the primary residence and only by the residents thereof. To allow the applicants to operate a glass blowing facility in an accessory building as a "home occupation" is to in effect totally rewrite the applicable sections of the zoning ordinance. It is respectfully submitted that this is not the province, nor Cl • the purpose, of a zoning board of appeals. "While a zoning board of appeals may exercise discretion and may properly act within the standards prescribed by the zoning enabling acts in determining whether to grant or deny an application for a variance, it may not trespass on the legislative powers of the legislative body." (See, Van Deusen v. Jackson, (2d Dept. 1970), 35 A.D.2d 58, 312 N.Y.S.2d 853, affd. 28 N.Y.2d 608, 319 N.Y.S.2d 855, 268 N.E.2d 650). "Only the legislative body may amend a zoning regulation; a board of appeals has no such power." (See, Fortuna v. Murdock, (1939), 257 A.D. 993, 13 N.Y.S.2d 712, affd 281 N.Y. 763, 24 N.E.2d 21; Schmitt v. Plonski, (1961, Sup), 215 N.Y.S.2d 170; Clark v. Board of Zoning Appeals, (1950), 301 N.Y. 86, 92 N.E.2d 903, reh. den. 301 N.Y. 681, 95 N.E.2d 44, cert. den. 340 U.S. 933, 95 L.Ed. 673, 71 S.Ct. 498). A zoning board of appeals cannot, under the semblance of a variance, excercise legislative powers (See, Van Deusen v. Jackson). Clearly what the applicants are seeking from this board is a total revision of the applicable sections of the zoning ordinance pertaining to "home occupations". They are, in effect, asking this board to redefine what has unambiguously been defined in the zoning ordinance by the appropriate legislative body; namely, the Southold Town Board. If the "home occupation" law is to be rewritten, let it be done by the duly elected members of the Southold Town Board, as required by law. Should the instant application be granted, thereby allowing a "home occupation" to be conducted in an accessory building, in complete deviance from the express language of the zoning ordinance, it can be readily anticipated that a proliferation of such applications will be forthcoming. If the subject application is approved, it is difficult to imagine anywhere within Southold Town where an application to operate a "home occupation" in an accessory building could logically and consistently be denied. Is this the type of town we want to foster? If it is, why did the Southold Town Board specifically require that all "home occupations" be conducted only within the primary residence? Furthermore, if a "home occupation", which is required by the zoning ordinance to be conducted within the principal dwelling, is allowed in an accessory building, why not apply the same logic to an application to allow an accessory apartment, pursuant to Section 100-31B of the Town Code, to be located in an accessory building? The next step would be to allow both a "home occupation" and an "accessory apartment" to be located in separate accessory buildings on the same lot. Obviously, such a situation seems ludicrous, but would be logically consistent with the reasoning for allowing the instant application. The opponents to this application are not "anti -artist". They are concerned residents who have the right to rely on an even-handed application of the zoning laws of this town. Artists should be entitled to no greater, nor lesser, privileges and responsibilities under the zoning ordinance of our town. Should the instant application be denied, the applicant will not cease to conduct his operation, he will simply continue to do business at his current location, which is obviously a more appropriate site for same. To allow this application would have a tremendous negative impact upon the future of Southold Town and would set an extremely dangerous precedent for future applicantions. While most, if not all, of us agree that artists and craftmen should be encouraged to locate in our town, we must not lose sight of the applicable provisions of the zoning ordinance meant to minimize the impact of business uses in residential zones and the legal ramifications of this board attempting to rewrite the "home occupation" law. _ y JrYL-o'er- O -' Com- � ART GAHERYe STUDIO NORTH ST P O, BOX 959 April 17, 1996 CUTCHOGUE, N.Y. 11935 Mr. Gerard P. Goeringer, Chairunan Zoning Board of Appeals PO Box 1179 Southold, NY, 11971 Dear Mr. Goeringer, (516) 734-5426 The article about Jesse Reece in last week's Suffolk Times instigates this letter. I can not understand the problem concerning Mr. Reece and his family being allowed to settle and work on Halyoake Road in Orient. I would think neighbors would gladly welcome a young family and gifted artisan. Mr. Reese isn't mass-producing auto parts, he is creating beautiful works of art. I would wager that a homeowners furnace is as dangerous to a community as a blast furnace is. The only by-product from Reece's furnace is glass and that can be recycled. The issue is discrimination. Artists and sculptors were living in the Orient Community long before some of the homeowners. They are cheered for their accomplishments nationally. The charm and beauty of Orient can't be ruined by artists and artisans. It's far more dangerous to allow a small elitist group to discriminate about who is and who isn't allowed to live next door on their five acres. I would welcome them if they moved next to me. Sincerely, " Bret Baughman P.O. Box 167 Orient, NY 11957 April 9, 1996 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, NY 11971 Dear Members of the Board, 0 I was at the meeting last Wednesday concerning Jesse Reece's application for zoning variance. At the time I didn't say anything because my name was not on the list of landowners concerned. However, after seeing the process of the Zoning Board of Appeals, I realize that because I live here, as well, I can speak up, too, and so I am writing you now. To begin with, the variance that Mr. Reece is asking for is one that would set a very dangerous precedent for the people of Southold Town and Orient in particular, as it would open the possibility for anyone to operate their businesses in whatever buildings they might have available on their property. Imagine this area of Orient, or any other area for that matter, if my friend, Brian Hagiwara, and 1 decided to start die cutting and welding our metal homewares in our wood barn, with Josh Nefsky running a business out of his barn and Deb Winsor running her construction shop out of her back shed. Obviously, this could mushroom into a situation that would change the quality of environment for many people forever. Specifically, with Jesse Reece's request, the potential noise from the ovens and exhaust are one thing. I trust that you reported with sincerity that you did not witness a high noise level when you observed the situation on Rocky Point Road. But please believe us that with equal sincerity we are telling the truth when we tell you that the noise level we heard was much different than the level you described. Additionally, and possibly most importantly, the idea of high heat furnaces in an old wood structure running continuously and unattended for significant periods of time (It was stated that Jesse is away from home regularly attending trade shows to sell his artwork) is a frightening thought considering the unusually close proximity of wood buildings and the regular periods of July and August drought that we all have come to know as summer. • M I would like to offer a few counter thoughts to what I felt were the undertones of the case made by Jesse's counselor. 1)We are not against artists. We are artists ourselves and respect the quality of Jesse's work, even though we consider the process of his creations inappropriate for the location he has chosen. 2)The idea of "artists not having much money" has no relevance to this situation whatsoever. Not only is Rosemary and Ingo's property rather expensive, but respect for the bnildmg Godes arld laws should not be based on whether a person has very little, or for that matter, very much money. 3)I am happy for Jesse that he had several artist peers who felt a desire to tell us of their respect for his work and their feelings of goodwill to him as a person. Yet, we cannot allow these essentially "character witnesses" to veer us from the matter at hand: That the site proposed for this variance is not appropriate for the tasks of Mr. Reece's creations and, most importantly, passage of this variance will foster a home business policy that could very negatively affect the residential occupants of Southold Town on a larger scale. Thank you for your attention and I hope that you will decide that the best decision is to encourage Mr. Reece to pursue his work in a more appropriate location. Sincerely, C . ; • 6 13 April 1996 Zoning Board of Appeals Southold Town Dear Board Member: I would like to voice my support of the zoning variance sought by Jesse Reece. The single most appealing feature of this part of the world is not its beaches, rusticity, or peace and quiet, but the generous (and uncommon) tolerance of its long-time inhabitants. We are not parochial New Englanders, we are New Yorkers who welcome diversity and have no problem with the Arts - dnd, even, artists. Sincerely, Keith McCamy 404 Atlantic Ave. Greenport ��% •• Brian Hagiwara \ r 2835 Platt Road, P.O. Box 167 Orient, NY 11957 (516) 323-1231 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, NY 11971 April 9, 1996 Ladies and Gentlemen of the Board, My name is Brian Hagiwara and I was at the town meeting of April 3, 1996, regarding a variance sought by Jesse Reece to operate a glass blowing studio outside a house he wants to buy. I am a close neighbor and resident of Orient and feel a business of this nature very inappropriate and unwise in this area. Somehow, at the town meeting, things got very confused and misguided and I couldn't properly articulate my position on this matter. Please let me try to do so now. Most importantly, I understood when I bought my house that this area was considered ecologically sensitive and the neighborhood was zoned for single family dwellings and any studio business venture - if at all - was permissable within one's house. I liked and respected this code. Now, I and the six immediate neighbors of the house Jesse Reece is renting, receive notice that he wants to convert an old wooden barn into a glass blowing studio. At first, I thought little of it. And then when I realized the precedent something like this might encourage, I checked into it. I visited Jesse's present "studio" or "factory" (whatever one wishes to call it) and found it disconcerting. It exists in a cinder block building set quite a distance aom the road and other buildings. It is next door to an herb nursery and across the street from nothing else except an open lot and greenhouses. It has a roomy gravel driveway and two large metal pull-up garage doors. It has several high intensity ovens — one which runs constantly, 24 hours a day, without supervision. One oven, when turned up full blast was very noisy (suprisingly quiet when you board members visited), and there was glass and litter everywhere. I met Jesse Reece years ago in New York City, where I and my cousin purchased thousands of dollars worth of glasses and vases for a restaurant in Japan. Obviously, I think him an artist and craftsman. But, upon seeing his Rocky Point Road Studio, I very honestly told Jesse then and still do now -- No, I don't think you can abuse the zoning codes and move this studio to this little corner of Orient. Brian Hagiwara r 2835 Platt Road, P.O. Box 167 Orient, NY 11957 (516) 323-1231 It is very difficult for me to say this to another fellow artist. (I, too, am a photographer and painter by profession, and a designer of lamps and clocks.) But, ultimately, I, and others of our neighborhood am trying to forsee what this variance might mean to the future of the community and the whole North Fork. It would send the wrong message that if you manipulate and divert the attention of those making the decisions, you can alter the rules to accomodate your personal needs. We all presume the limitations of the Home Occupation Law was originally created for the preservation of our lifestyle here in Southold Town. I truly hope the members of the board can visualize the bigger picture of maintaining what is most importantly best for all of us and not specific individuals. Thank you. Sincerely Brian Hagiwara ,r D� ROBERT • RKS • y / 675 Halyoake 7 X30 March 1996 � Mr. Gerald P. Gcehringer Chairm V Zoning Board of Appeals `7 PO Box 1179, 53095 Main Road I" Southold, NY 11971 RE: Application for Variance, 800 Halyoake Avenue, Orient L \ Dear Mr. Goehringer, 516-323-3507 We have received notice regarding a petition by Jesse and Shelley Reece requesting a variance that will allow them to convert an existing accessory building to an artist's studio for the creation of glass works of art. We have a direct interest in this petition. We own and pay taxes on a property that includes a strip of Halyoake Avenue that extends from the Morgan property to the west of us, past the Nefsky- Friedman property, to the east of us, to the point where our property line meets Platt Road. Therefore, ours is the only property adjacent to the Halyoake Avenue frontage of the property in question. Since we will be unable to attend the hearing on March 3, we respectfully request that this letter be read aloud at the hearing and that it be read into the official record. Our observations are voluntary and unsolicited. We approve the Reece petition to operate his studio in an adjacent outbuilding on the property. We realize that this issue will be decided according to existing town ordinances, but we request that special consideration be given because of the nature of the occupation involved. We have visited Mr. Reece's present studio on Rocky Point Road and find it to be exactly what he claims: an artist's studio for the creation of glass works of art. It is in keeping with other such art and craft studios that exist in Southold Town. Collectively, their presence enriches the community and should be encouraged. We hope that, now and in the future, special considerations will be made for artists and artisans. The glass blowing studio is a minimal operation, but, because it is an unfamiliar art form, it may seem more intimidating than it should. It is comparable to ceramics in terms of hand crafting in an environment that is not necessarily tidy or picturesque. It is as safe as a pottery studio. First and foremost, the operation is not hazardous, either to the artist or to the surroundings. It involves few operations; melting, blowing, cooling and polishing. It creates no effluents or emissions that would negatively affect the environment. The gas ovens are well -insulated, well maintained, clean and safe. These are requisites in glass blowing. The size of the ovens is large, owing to heavy insulation. In proportion to the size of the oven, the actual chamber is small. The amount of insulation is reassuring. There are two gas ovens in operation, one for melting, one for maintaining temperature while the glass is being formed. A third, back-up gas oven is not in use. The two electric, annealing ovens generate neither heat nor noise. We stood in front of the gas ovens and conversed in normal tones. The existing exhaust fans were noisy but not intrusive. They can easily be replaced by available, quieter fans. The glass is colored with intensely colored, non-toxic glass. The color comes in thick glass rods. The only glass waste from the entire operation comes from glass that hardens at the end of the blowing pipe and from defective pieces. Eventually, this waste glass is sorted by color, melted down and recycled as new works. The finished products are polished under water with a fine pumice (volcanic ash). The runoff is caught in a bucket under the sink and the pumice is reused. The amount of water discarded is • 0 negligible. Analysis should prove it to be non-toxic. In fact, there is no evidence of toxic chemicals or waste in the entire operation. There is no way that such a studio can be considered a commercial operation. Each piece is hand crafted, and there is an obvious limit to how many pieces can be blown in one day, week or month. We have questioned Mr. Reece to our satisfaction about the size of his gas and electric bills, the number of pieces he turns out and the amount of shipping this involves. Clearly, this is an artist's studio. There is no evidence of a showroom. In fact, Mr. Reece doesn't seem to welcome visitors at all. Glass blowing is not a spectator sport. We assume that he will post No Trespassing signs and will face his doors in a way that, when open, his privacy will not be intruded upon. Should a variance be granted, we have full confidence in the legal restrictions that would apply to the safety of this operation. We are sure Mr. Reece is willing and able to comply. He has blown glass for twenty years without accident. It stands to reason that he intends to continue to do so safely, particularly on his own property. We are especially pleased to think that another part of the historic Hallock Farm may be kept alive and working in this manner. In earlier times, the Hallock Farm was the largest non -sustenance farm on Eastern Long Island. The cluster of buildings that comprised a small hamlet included two homesteads, a carriage house, two greenhouses, two potato barns, a blacksmith shop and forge, an acetylene plant and windmill, a print shop, a cook house, living quarters, maintenance facilities and an assortment of small outbuildings and livestock pens. Happily, a handful of those buildings has been kept alive. If approved, the Reece application will preserve and restore the smaller potato barn. The larger one was burned down by vandals. When we moved into the Hallock farmhouse in 1967, the land was still being farmed, and we had only one neighbor, next door, in the original farmstead. As the land use changed, people moved in, restored existing buildings for new uses and built new homes. Several properties have turned over, some more than once. Some are undeveloped and several are for sale. In this small area, there has always been a tolerance of individual differences, an acceptance of personal tastes and a respect for the privacy and boundaries of each other. Once, this courtesy even extended to a pig sty, legally situated at one property's roadside. Whatever the outcome of the Board's decision, we like to think that the area will continue to grow in a spirit of neighborliness and good will. Copies: Thank you for your attention and consideration. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortoni Respectfully submitted, 'l Robert Berlt1and Dorothy M. Berks RPR 02 '96 13:46 PAUL SCHULZE (516)7:.=14-7716 Paul -&hu he . 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By ERIKA DUNCAN N a lonesome meadow in Orient, a buffalo made of great planes of copper seems to roam. The sculp- tor and monument maker Robert Berks explains how to make three-dimensional shapes hold their lighting, even at a great distance, even when the sun's direction changes. He asks: "Do you notice how the smooth metal, shaped to the way that the eye sees, in a pattern of hoops and staves, gives more of the illusion of an actual buffalo ENCOUNTERS than the hairy form would?" "Can you imagine there will be 1,000 of these," he says, as he talks of his commission to recreate a whole herd in the Wyoming plains. He talks of his "drawing" of a buffalo, half a mile long by a third of a mile wide, perhaps the largest drawing ever made, and he shows me the photographs of it in National Geographic magazine. In the more forceful wind of the Wyoming prairie the 1,000 buffalo would pivot on the their forelegs "while making the lowing noise of an actual buffalo by way of a specially designed mechanism inside." Bob Berks is also an engineer. We walk into the old four -room Orient schoolhouse with its traditional high peaked roof that has become Bob's studio. Even the stall bathroom for the children has remained intact. But here there are heads and bodies galore, por- traits of the all -too -familiar people of our century peak- ing out at you from every nook and cranny. .• �1` Bob Berks cannotstop, talking, not even foi:_a minute. He cannot ask you to -sit down' he himself' Continued on Page 17 The sculptor Robert Berks in his studio in Orient with some of his works. Q&A: A Woman Who Q Nrut Oik gimrs SUNDAY, APRIL 14, 1996 erg The intersection of Route 347 at Nicolls Road may be one of three that overpasses could help. By RAMIN P. JALESHGARI VEN up to five years, ago open spaces were frequent along Route 347. . . ;.. Unchanged for years, farms and otheEr large tracts bordered the four -to- -lane east - west highway between the. end of the Northem State Parkway and: Route 25A:, in Mount Sinai:' * - •' 'But three years ago, builders proposed 30 major projects along the route. Half have been completed. Route 347, also called Nesconset Highway, has become little more than a passageway that connects shopping centers. Traffic, officials say, has increased morethan 50 percent in 15 years. Some sections carry more than 75,000 vehicles a day, one of the highest volumes in the state. - Parkways like the Northern and Southern State, with overpasses in place of through roads and traffic lights, carry 100,000 vehicles a day. The Long Island Expressway, with eight lanes in places, service roads and a partial high occupancy vehicle lane, has a capaci- ty of 150,000 cars on an average, weekday. "When driving I do everything I can to avoid Route 347, Mark Gottesman of Lake Grove said."It just doesn't make sense to sit in traffic for 20 minutes or a half an hour when I only want to go 10 miles east or west." Motorists who try to avoid the highway often drive through neighboring areas, increasing congestion on �. residential streets. Most hear The regional commis- and evening ru z6" sioner of the State Transpor- of Saturday a tation Department, Edward wooded areas Petrou, said: "We are very Woods or pine aware of the traffic and usage site," the exec problems on State Route 347. Barrens Sociei In fact examination and re- only. example - examination of the road has and it's impor been an ongoing priority on � -.-Ground a the department's agenda for used by the S - the last two decades. We have Amper's grou been actively examining ways to improve the thorough- pollutants coul fare since 1991." Some resit Under the name of the 347 Improvement Project, concerns that the department has presented several plans. They in- the small -tows clude doing nothing to widening the road by one lane in plans to enlar each direction, as well as building overpasses. Other community in options include adding service roads and high-occupan- civic affairs. ' cy-vehicle lanes. from one side The department says an ideal would be a limited- .. build It up any access highway that would include overpasses at all our neighborhi Intersections, service roads, at least one extra lane and I. Major cha H.O.V. and "collector" lanes. change bus ro; "The fact is that from the time Route 347 was I Half of tht originally built it was always intended to be a limited- Library would access highway," the project -development supervisor, businesses mi Frank Pearson, said. "Up until now traffic on the road consumers In didn't warrant that measure." Family Center Brings Fun Into the 21 By RAMIN P. JALESHGARI ORGET old-time family enter- ' tainment. Backyard tag, frozen pond ice-skating and games of make-believe are passe. Fun in the 90's means very high-tech, capitaliz- ing on the best of technology driven activ- ities. Laser tag, virtual reality, interac- tive 3-13 theaters are now musts on Amer- ican — and Long Island — amusement agendas. With the spring opening of the $32 mil- lion Sports Plus family entertainment - center, on Nesconset Highway (Route 347) in Lake Grove. local recreation seek - THE NEW YORK TIMES, SUNDAY, APRIL 14, 1996 A Sculptor Whose Model Is History Continued From Page 1 oannot sit down. At 74 he Is indomita- ble. He shows me his muscles to rove it, his modeling finger mus- cles, the muscles in his upper arm. "But look!" "Don't you see!" he exclaims every time 1 look down to rest my eyes. It seems that he him- self never rests his eyes. Each thing that he has made, he makes in multiples; in duplicate, In triplicate. He has more monuments In Wash- Ington than any other sculptor. His were heads that appeared In a New York Times photograph of President Clinton signing his first veto; heads of Roosevelt and Truman, "the other vetoing presidents." His were the portraits in Life mag- azine when President Kennedy was shot, in Time magazine when, imme- diately after Dr. Martin Luther King Jr.'s assassination, he was commis- sioned to produce a likeness in under a day that would also serve as an elegy. He takes me from one to the other of his portraits of Robert F. Ken- nedy, the first with its deliberately hammer -hacked base. He had done this himself for the unveiling to speak of the emotion stirred by that assassination. "I worked quickly, almost fever- ishly, out of the depth of my grief," he told me, "especially when I was asked to do the head of Martin Lu- ther King, which I completed in un- der four hours." As we walk between the outdoor turntable and the original old school- house, through a new sky -lighted ad- dition, a giant head of Einstein peers down on us from a spot very high, and he seems to envelop us with a certain sad thoughtfulness. It was the public nature of the work, the very massiveness and the accessibility of "a lap for children to climb on — as they climb on the statue of Alice In Wonderland In Cen- tral Park; and they play with her toys" — that was most important to him. It took 23 years to sell It, after Einstein posed for Robert Berks In 1953 — "two days that changed my life" — but now the monument stands outside the National Acad- emy of Sciences, opposite the Lincoln Memorial, Einstein perpetually gaz- ing down on his star map constructed with the help of Naval Observatory astronomers. Children do Indeed climb into Ein- stein's lap; to look with him down onto the black granite that Is dotted with 2,700 stainless steel studs.— "a kind of Rosetta stone for our time" - to learn the mystery of the stars. Fondest to Bob Berks's heart right now, a series of children in a new form of etched relief, is what he calls his "bouquet of babies" intended for a monument to Mother Hale, who found that AIDS babies responded to being held 24 hours a day, that this actually seemed to detoxify them, strangely, mysteriously. His Mother Hale, to be unveiled In front of Hale House in Harlem on May 9, is constructed, deliberately in the shape of a hand — a lap. It will have toys and teddy bears surround- ing It for children to climb upon and play with, and on the lap, where a bronze baby lies, will be, deliberate- ly, "a space for another baby, so women, if they want, will put their babies there." We walk and hesitate for a mo- ment before the larger than life-size upper body of Mary McLeod Be- thune, the first 1n her South Carolina family to be born into freedom just after the emancipation, an educator and a worker for minority rights. And then we see the smaller mod- el, where she leans upon her cane and two thin children with their arms outstretched seem to approach her almost as if they and she were danc- ing. It is — and even to this day — the only monument of a woman on offi- cial Capitol grounds. We pass the first portrait Bob did to be publicly displayed, of Chaim Weizmann, the first president of Is- rael. "I did it because his story moved me," Bob Berks says. "it was cho- sen, from among 300, to stand as the Robert Berks stands by a recent buffalo sculpture, part of a commissioned "herd" of 1,000. ing will not wear away — a reverse process strangely reminiscent of his masterpiece restorer parents' work- ing in reverse glass painting. For clearly Bob Berks Is telling me everything at once. Three or four hours have gone by and still we have- n't sat down. We have climbed up and down staircases, woven among portraits and tales. We started to watch a quick video of Casale when he was posing. Then we were inter- rupted. We started to study the series of watercolors under acetate covered with Rorschach -like inkspots, experi- ments with the way that the eyes see, that he had conducted for the MI- TRE Corporation. He explained why these paintings were also a study In artistic free association, the journey from ab- straction to Imaging. We saw the books he put together for MITRE on solar energizing and wind. Does Bob Berks look at me as he talks? As he bids me to look and look — suddenly deciding to show me how he models the head of a Nepalese baby, from a photograph he studies for a moment, then leaves, taking a special clay that appears just like bronze he has patented recently, working even as we talk. As a boy, he tells me, he made puppets for a traveling marionette likeness. It was my time machine, my way of figuring out what made people the way they were, what was Individuality. Through mood, through habit, one could build one's own face. Freud couldn't bear look- ing at his own patients, he had them lie down. But most of us read the whole body all the time." There was never a time when Bob wasn't reading the whole body, nor when he wasn't Inventing things, his engineering bent almost as strong as his sculpturing one. 'His first official portrait commis- sion occurred when he was 10. It was already the beginning of the Depres- sion and his parents, who once were paid many thousands of dollars by the nation's top museums, now were doing restorations for around $2 an hour. Bob had wanted. a pair of rac- ing shoe Ice skates. So he went around to neighbors, and he showed them his portfolio, with his parents' permission, of course. He asked to do portraits from life or,a photograph for a dollar each. He earned $27, enough for the Ice skates. By the time he was 14 years old, he was earning $60 for a pastel, a great deal more than his parents were able to get for their work. But his work, he reminds me, de- spite Its large scale, remalns.costly. For the Einstein piece, alone, he Busts of John F. Kennedy and Abraham Lincoln in studio. show, with little balls hidden under cloth for the cheeks; and he tried to make movement with them, for it was always, even then, the rhythm of a person that interested him On one of his fingers, he has put on a funny brass claw to explain how he needed to hire 40 helpers. In going back to his own beginnings he tells me how Hecht House, a Jewish set- tlement house in Boston where he grew up, had "convinced the Boston Museum that in order to make a great artist one had to start at 10.,' and dreams. "I have the right lady," he said. "I would have been driven to do the same things, but without her I never would have been able to accomplish them." And I think of how even In the time I have been here they have talked fairly often — mid -interview — over an elaborate system of walk- ie-talkies, connected from studio to house. I had asked him, I do not know why, If he ever had done his own portrait, expecting the answer to be no. And he showed me a self-portrait he had done at 18, a painting, then another one he had done at 28, when he was feeling very bad about him- self. "After that I stopped doing self- portraits altogether," he said. "May- be someday I will do them again." Then we speak for a while about "cues for attention," how after his first looking and speaking to a model — which lasts, generally about a day and a half — he will shut his eyes. He will first fix, then allow himself to almost forget, whatever he has felt or seen. Then he will begin to work "blind- ly." He will begin to work just almost entirely with abstraction. And he shows me the sketch pad of pastel abstractions on large manila sheets that were the beginning of his "plans" for a monument to Mary McLeod Bethune. After filling a sketch pad with quick thumbnail drawings of women, men, children and dancers in Har- lem, and studying many photographs of Bethune, he had spent a full mom- ! Ing making 40 or 50 abstractions, until finally he saw in them — as we see sometimes, unbidden, the image of something in a cloud — the form of the monument he wanted to make. And he told me that after he works "blindly" for a while on the head of a living person, when that person comes back to "pose," he insists that the person keep talking and moving; for always it is movement he Is meaning to capture, never stasis. "I follow the rules of music," he says, "far more than the rules of fixing sculpture in stone. Everybody sees a different rainbow, because each of us sees even the same rain- bow from our own unique height. "However there are things In com- mon. And that's what I'm questing for now. More and more I am going for rough surface textures, because flesh is translucent. It all happens from inside. It is like going to a place and then getting there. You find things that you never expected to find. Well, this is how I feel about a work of art. I have feelings about things and as 1 start it's like going to this new country, even though I have feelings the revelations come. and There's All Dressi then there's everybi The choice is easy "I couldn't believe the high price my paid for a dress at a famous fashion She really thought she got a great bu I told her about ALL DRESSED UP. St believe me until she saw for herself." • Thousands & thousands of dressy dresses to choose from • Famous maker & designer label c • Hundreds of styles • All sizes Including petite & womai • The very same dressy dresses the normally sell for $200, $500, evi $1000 elsewhere sell at P� All Dressed Up for only "Now, she's saving a bundle and looks as good as me. I'm almost sorry I told her." MCD 46-01 108th Street, Corona Heights, Queens, New York 11368 718-760.3041 Come see for }oursel C c Summer Join the Crest Ho ow ( Enjoyy the aleggance in a beauthfuroutdc You and your family will • 13 Championship Tenni Includes 2 Omni Sy (Soft Like Clay) • Olympic -Sized Swimm • *ske1,,,,ball, Volleyball ren's • Snack B. ,uuus uul5auc lac i�uuuuui n...w- emy of Sciences, opposite the Lincoln Memorial, Einstein perpetually gr Ing down on his star map construct with the help of Naval Observatory astronomers. Children do indeed climb Into Eln- , stein's lap; to look with him down onto the black granite that is dotted with 2,700 stainless steel studs— "a kind of Rosetta stone for our time" - to learn the mystery of the stars. . Fondest to Bob Berks's heart right now, a series of children in a new form of etched relief, is what he calls his "bouquet of babies" intended for a monument to Mother Hale, who found that AIDS babies responded to being held 24 hours a day, that this actually seemed to detoxify them, strangely, mysteriously. His Mother Hale, to be unveiled in front of Hale House in Harlem on May 9, is constructed, deliberately in the shape of a hand — a lap. It will have toys and teddy bears surround- ing It for children to climb upon and play with, and on the lap, where a bronze baby lies, will be, deliberate- ly, "a space for another baby, so women, if they want, will put their babies there." We walk and hesitate for a mo- ment before the larger than life-size upper body of Mary McLeod Be- thune, the first in her South Carolina family to be born into freedom just after the emancipation, an educator and a worker for minority rights. And then we see the smaller mod- el, where she leans upon her cane and two thin children with their arms outstretched seem to approach her almost as if they and she were danc- ing. It is — and even to this day — the only monument of a woman on offi- cial Capitol grounds. We pass the first portrait Bob did to be publicly displayed, of Chaim Weizmann, the first president of Is- rael. "I did it because his story moved me," Bob Berks says. "It was cho- sen, from among 300, to stand as the official head in Tel Aviv." We pass David Dubinsky and George Meany; Pablo Casals and Leonard Bernstein, Bob Hope and Frank Sinatra. We pass Golda Meir and Abba Eban as Bob tells me he is now negotiating to do a portrait of Yitz- hak Rabin. In the meadow, by the side of the Ione, lonely buffalo, a giant orange armature for flowers - which do grow out of the webbed original in the Chicago Botanical Gardens — in the shape of the Swedish botanist Carolus Linnaeus seems to come over the space. "The nice thing about making things to be cast in bronze is that you can keep your own extra castings," Bob says. "You can keep your entire life's work living closely with you." And this clearly is important to him, as equally it is important that his works be spread about — his "little Einsteins" he wants every stu- dent graduating with a degree in mathematics to have, his new medal of Thomas Jefferson, with the Decla- ration of Independence engraved on the back, held by a special magnifier so that one can read the words — a summerlong experimentation with a new technique in medal making, etched in reverse so that hie engrav- e T straction to Imaging. We saw the books he put together for MITRE on solar energizing and wind. Does Bob Berks look at me as he talks? As he bids me to look and look — suddenly deciding to show me how he models the head of a Nepalese baby, from a photograph he studies for a moment, then leaves, taking a special clay that appears just like bronze he has patented recently, working even as we talk. - As a boy, he tells me, he made puppets for a traveling marionette ing shoe ice skates. So he went around to neighbors, and he showed them portfolio, with his parents' perm.. -.on, of course. He asked to do portraits from life or,a photograph for a dollar each. He earned $27, enough for the Ice skates. By the time he was 14 years old, he was earning 900 for a pastel, a great deal more than his parents were able to get for their work. But his work, he reminds me, de- spite Its large scale, remalits_.costly. For the Einstein piece alone, he Busts of John F. Kennedy and Abraham Lincoln in studio. show, with little balls hidden under cloth for the cheeks; and he tried to make movement with them, for it was always, even then, the rhythm of a person that interested him. On one of his fingers, he has put on a funny brass claw to explain how he makes etched lines appear in dupli- cate, triplicate, even as he is working to make darks and lights to be seen at the distance that monuments need. "Suddenly this urge — spring and children and education — a bouquet of babies — the problem always how to get the blackness and the subtle- ties to come through," he says in a collage of half sentences that show very much how he thinks and he talks. And his arms trace the air as he says: "When we got off our front paws, stood up, suddenly we began making parameters with our arms. We began tracing the shapes that we saw. The first human beings. were those who were able to make por- traits, going beyond what the body could do. It was the first Aha, the first I understand. "Just think of a feather, the light- est and strongest instrument in the world, and completely self repairing, what it means as a sculptor to be able to record this for history. "Imagine 10 of these," he says for a moment looking down at his claw. It had come to him in the blood, this desire to record and to make. Both of his parents were restorers of paintings and sculpture, and "by the time I was 4 I was able to do a needed to hire 40 helpers. In going back to his own beginnings he tells me how Hecht House, a Jewish set- tlement house in Boston where he grew up, had "convinced the Boston Museum that in order to make a great artist one had to start at 10." A Ione Jewish boy in an Irish Cath- olic neighborhood where only his art saved him from ridicule, he left pub- lic school at noon and he spent every day except Monday at the Boston Museum, learning Saint painting from the Japanese curator, copying the Old Masters, pretending "Today you are Rembrandt" or "Today you are Rubens, Tintoretto or Grun- wald." "Imagine what that trust must have meant to a child," he says even now with wonder, "that we were ac- tually allowed to go all alone into the room where the drawings were kept, to copy an Ingres or a del Sarin, without its even being protected by glass." The children also were taken ev- ery week to the library, where Bob Berks's first exposure to art re- search began. "You are absolutely alone in this," Bob Berks says, suddenly, softly, be- coming, but just for a moment, the person that he must have been when he was a very young child. "And when you are that much alone you need just one person who believes in you.,, That person is his wife, Tod, "a wordsmith" who for 44 years has lived closely with him, his triumphs and his frustrations, his long hours Then we speak for a while about "cues for attention," how after his first looking and speaking to a model — which lasts, generally about a day and a half — he will shut his eyes. He will first fix, then allow himself to almost forget, whatever he has felt or seen. Then he will begin to work "blind- ly." He will begin to work just almost entirely with abstraction. And he shows me the sketch pad of pastel abstractions on large manila sheets that were the beginning of his "plans" for a monument to Mary McLeod Bethune. After filling a sketch pad with quick thumbnail drawings of women, men, children and dancers in Har- lem, and studying many photographs of Bethune, he had spent a full morn - Ing making 40 or 50 abstractions, until finally he saw In them — as we see sometimes, unbidden, the image of something in a cloud — the form of the monument he wanted to make. And he told me that after he works "blindly" for a while on the head of a living person, when that person comes back to "pose," he insists that the person keep talking and moving; for always it is movement he is meaning to capture, never stasis. "I follow the rules of music," he says, "far more than the rules of fixing sculpture in stone. Everybody sees a different rainbow, because each of us sees even the same rain- bow from our own unique height. "However there are things in com- mon. And that's what I'm questing for now. More and more I am going for rough surface textures, because flesh is translucent. It all happens from inside. It is like going to a place and then getting there. You find things that you never expected to find. Well, this is how I feel about a work of art. I have feelings about things and as I start it's like going to this new country, even though I have feelings the revelations come, and this is the thing that drives -me on. It has been seven hours. I must go to another engagement in Southamp- ton. But Bob doesn't want me to go. He is almost like a little child as he says over and over: "But just one more thing. I promise it will not take long. Please just lel us pass through this room on the way." For a moment, even though I am trying very hard to leave, he man- ages to utterly transfix me. He tells me that while he is "interviewing" his subjects, before he will actually sculpture them, as they speak, and as their emotions alter with their speaking, he himself "fixes" each important pose with his own body. With his own body he actually takes his subject's pose. On the way to Southampton I stand at the prow of the ferry thinking over what it means, in Bob's words, "to know an individual, a face making itself from its moods and Its habits," over life, over time, to take in the "moved" places of another one's body, into one's own body, as slowly I return to the people who constitute my own life. ■ Erika Duncan is a novelist and essayist who lives in Sag Harbor. Summer Join the Crest Ho ova Enjoyy the aleggani in a &autiifuroui You and your family iA • 13 Championship Te Includes 2 Omni (Soft Like Clay) • Olympic -Sized Swir • Basketball, Volleybi • S Children • U Snac, ®Tennis Staff /renis League Tennis Leagues 692-8000 Clean up, without getting cleaned out, % have one of the finest custom closet, home you in our own factory with superior craft consultation today. But don't delay — becau this one has a very short shelf life. (908) 322.8270 • (201) 467-0303 (914) 636-0123 • (609) 452-2857 (212)935-IS48 mt be used in cmyuncrien with any other ' . Fie photo by Judy Atttens lassmker esse Reece's plans to FEstuELING to Orien'tt has comeunder fi eafromJsome potential neighbors. his Is It an Art Studio, Or Is It a Factory' By Tim Kell to a residence. hca- The ZBA could vote on the app ORIENT—No one questions the tion as early as its next meeting on May beauty of his work. No one doubts the 1. extent of his talents or the depths of his creativity. But when Jesse Reece takes a molten mixture of potash and sand out of a blast furnace and carefully hand crafts glass vases of cobalt and cran- berry and other objects d'art, ' ar- tisan in a studio or manufacturer in a factory? The East End's only practitioner of the ancient art of hand blown g 'S Reece stands before a town panel to be judged not on technique or the clarity of his creations, but on a legal in re Y tion of the town code his opponents is crystal clear. Currently working out of a rented masonry building RRA d his point Road in East Marion, _ Shelly, are property on Halt purchase Road five -acre p op Y here. In addition to raising the question of art -vs. -commerce, his hopes tto move his studio m a 24 -by oden barn also has reopened the debate over Southold's home occupationcode, to e,th i town's move several y�the small businesses to Operate in own- er's home. In Mr. Reece's case, the studio would be in an outbuilding, not his main resi- dence, and so he needs a variance from the Zoning Board of Appeals. His appli- cation has drawn support from members Of the arts community who believe the town should encourage such studios. But a number of area residents hope to block his plans, saying the town code never envisioned businesses with 2,500 degree gas -powered blast furnaces close Heart and Soul Mr. Reece said the opposition comes as no surprise. "People are always afraid of what they don't know;' he said. He called the claim that he is a manufac- turer rather than an artist "ridiculous. I do everything here myself, from an - 'He runs a clean operation. You're not talking about a Taco Bell.' —Tom Schlecht, Southold jewelry maker swering the phones to sweeping up. There's no mass production, no molds. I know it's artwork because Put my ouch heart and soul in every PC everything that goes out of here" That is not in doubt, said Southold at- torney Kevin McLaughlin, who repre- sents Brian Hagiwara, a New York photographer with a house across the street on Platt Road. "What he does is melt down glass and form it into these beautiful shapes," he said. "Everybody is in agreement that is what's going to happen. What problems he may create is what's at issue." The property is located south of Route 25 on what was once the Hallock farm. The area is home to several well - See Reece, page 28 `Reece.:. = Continued from page 6 j .;known artists, including Yan Rieger, who;<with his wife; Francoise, hand - carved a black walnut sculpture of the Holy Family presented to the Pope..dur- ing his visit to the New York area last fall. Sculptor Robert Berks, whose like- ness of Albert Einstein holds a promi- nent place along Constitution Avenue in a 'Washington, D.C., also lives nearby. ' But between those studios are several I seasonal and weekend homes owned by 'people who fear the roar of Mr. Reece's furnace will disturb the peace they drive a long way to enjoy. . Pros and Cons i The , debate is being carried out largely by letter, with the ZBA receiv- ing no small amount of correspondence from both sides. John Zloklikovits, whose home is near the barn, wrote that his main con- cem is "the impact on our health; the envirotunent, noise and visual pollution connected with the operation of a com-mercial factory, not an artist's studio." He told the board that he fears a prece- dent "that will upset the delicate balance of nature in this pleasant residential i community. by allowing more commer- cial sites." "Others say such fears are unfounded Mr. Berks called the glass operation "as safe as a pottery studio." Mr. Reece's work, he wrote, "is in keeping with other such art and crafts studios that ex- ' ist in Southold Town. Collectively, their presence enriches the community tY and - should be encouraged. M f i't t ;agrees. "He runs a clean opera - on,". he said. 'r! He's nor going to hange anything. You're not talking bout a Taco Bell." Mr, McLaughlin argues that the ap- hcation is before the wrong board. Mr. _. ecce is essentially seeking a change in ie home occupation law,' and that tould' be considered by the Town card, not the ZBA. "Even if it is art," the attorney said, " I ill think it violated the prohibition ins manufacturing." r `All Entrees' includes soup or salad 298-8080 Opening for the season Friday at 4 p.m., Open Friday, Saturday and Sunday ' Mill Road, Mattituck CORDO L PR POSTOFFICE BOX 310 ORIENT N.Y11957 is L TD llkku AQ 5"�5 c4j) FWCA 3� oli A- QL tt-r na�L" 2pfo ftmF-tuLS 5MtAt3g> OK) �� aJt LIJ t �i�SE��rt� ct Ku�kLrF �. IN �� . • °, w , z�—Atp�5t1U tit d� s a! k� 5 5FT-u-p TaTMTB2-7 � IDeg&3>r6j-j CFor-rt�5 o�). )�*3Y tW-rtyf-tj �j,4 , 10 6TctjV;oF ITS I ■ i /_M E W41T- 1 April 5, 1996 THOMAS F. MADIGAN 455 vr[J -AGE LANE - P. O. BOX 128 ORIENT, NEW YORK 11957 518-323-3588 Gerald Goehringer, Chairman Zoning Board of Appeals Southold Town Board Main Road Southold, NY 11971 Dear Mr. Goehringer: • This letter expresses my great concern and opposition to variance application from Jesse Reece in Orient, New York. I understand Mr. Reece is in contract to purchase a resi— dence on Halyoke Road with an existing historic barn (part of the original Hallock Farm). He intends to move his existing glass manufacturing operation, currently on Rocky Point Road in East Marion, into the barn. I strongly oppose this request for a variance. The code clearly states the correct usage for auxiliary buildings, and I am afraid your granting of this variance will establish a precedent which would seriously and irrevocably damage the present and future quality of life of this community. I urge you and the other members of the Zoning Board to deny this request. Sincerely, Gerald Goehringer, Chairman Southold Town Zoning Board of Appeals Town Halt 53095 Main Road 1 Southold, New York 11971 P.O.Box 347 Orient, New York 11957 April 5, 1996 r Dear Mr. Goehringer, I _ ! I'm not writing as an officer of the Orient Asso u as a Homeowner who resides at the corner of Orchard Street and Halyoke in Orient, in close proximity to a property now under consideration by you for a variance. I have serious concerns about the appropriateness of Jesse Reece's glassworks studio for this quiet residential neighborhood. I am aware that there are artists who have spoken for both sides of this application. That is not so much the issue, there- fore, as the particular technology involved and the smoke and noise it is likely to produce. It appears to me that the code speaks very definitely against this usage, and that it would be very hard to justify a variance based on owner hardship, since the property has not been purchased by the applicant, who is presently working in a studio in the next village. As you probably know, I feel very strongly about the necessity of enforcing the town code, and of giving variances only in extremely pressing situations, to avoid setting dangerous precedents. I urge you to use very serious judgement in considering this application. Sincerely, Freddie Wachsberger April 5, 1996 Gerald Goehringer, Chairman Zoning Board of Appeals Southold Town Board 53095 Main Road Southold, N. Y. 11971 Dear Mr. Goehringer: P. 0. Box 126 Orient, N. Y. 11957 !I It111 AP .. c..�o) I am writing you to express my concern regarding a request for a variance change in Orient. I understand that Jesse Reese wants to relocate his glass manufacturing operation to a barn on Halyoke Road. I have serious concerns about this, because of the inappro— priateness of this operation in this residential neighborhood. Furthermore I understand the application is in violation of the existing code governing the usage of auxiliary buildings. This code is specific in its opposition to this usage, and it would be most inappropriate to grant this variance. My concern is that this would create a dangerous precedent. I am writing you as a concerned homeowner --in'Orient, and very strongly urge you not to consider this variance application. Sincerely, Susan E igan !APR 04 '96 05.04PM DIAMOND PROMOTION SV 0 April 4, 1996 Ms. Linda Kowalski Board of Appeals Town of Southold To the Board of Appeals: P.2 My apologies for not attending the April 3 hearing but I work evenings. I am strongly against issuing the above variance. The intrusion of a commercial property into this area is unthinkable and I would hope you would consider that we have purchased property here because of its rural residential character. I have lived on Orchard Street for five years and would respectfully request that you deny this type of variance which would ruin the neighborhood composition and which sets a very dangerous precedent. We have tried to maintain a unique quality of IVe here in Orient. We feel that this type of variance would undermine these efforts. Thank you. Very truly yours, hael Lopez RPR 04 196 05:04PM DIAMOND PROMOTION SV P.1 k Memorandum Via Fax DATE: April 4, 1996 TO: Ms. Linda Kowalski Board of Appeals Town of Southold FAX# 516-765-9823 FROM. James Haag 212-210-8461 RE: Orient Variance on Platt Road Linda/Board of Appeals: This follows up my correspondence of April 2 relative to the barn situation. In my last correspondence I laid out list of points which would cause me to oppose this variance. I would like to add that I purchased my property on Orchard Street due to the �g t Zoinjj and the fact that the area has no commercial property of My kind. I feel quite deceived to discover that this can be changed with a variance. I feel that the value of my investment will be diminished by the proximity to a factory outlet in an area that is now S acre xesid=1W only zoning. If this variance is awarded I would expect a reassessment of my taxes downward to reflect this fundamental change in the character of the area. I hope that does not occur as I love the Southold/Orient area. Thank rju and the Board of Appeals for your consideration and for helping us to maintain the character of Orient. (� J CwcagniTide Insurance Company 186 OLD COUNTRY ROAD (ROUTE 58) • RIVERHEAD. NEW YORK 11801 (800) 248-CTIC q --q- Ct �eAr L,,•1ad.ca - 4 re I s -iLA-e -2x<#2 or. ,•u -v 6,'u -ttQ cPQQc-u's o(ri,'ow - V 5 Sv w1uC UL Y) APR-04-96 THU 09:31 PM WM H PRICE JR P.02 MAR-25-96PYOH 03:12 OWM . PRINCE, JR li � ! WILLIAMH. PRICE, JR. �)i MORNMY AT LAW PO BOX 2065 -- ORBBNPORT, NEW YORK 11944 TELEPHONSHUMRER: (S16)477.1016 FAX: (516) 477-0130 March 25, 1996 Pax to: 765-5902 Paul A. Caminiti, Esq. Caminiti & Gibbons 54075 Main Road PO Box 992 Southold, New York 11971-0992 RE: REECE FROM SCHARRENBROICH Dear Paul: Please let this confirm that my clients' time to excerise their option to purchase the subject premises has been extended to such time as there is a hearing and decision rendered by the Southold Town Zoning Board of Appeals.' Very truly yours, William H. Price, Jr. WHP!!mt AGREED A d ONSEN BY: i P L A. C TI-- 828 Front Street, Greenport, New York 11944 MAR -25-96 P1UN 03:12 FN WPI H F•RICE JR _ 0 WILLIAM H. /1 ATTORNEY AT LAWCE,R COPY �y PO BOX 2065 GREENPORT, NEW YORK 11944 TELEPHONE NUMBER: (516)477-1016 FAX: (516) 477-0130 March 25, 1996 Fax to: 765-5902 Paul A. Caminiti, Esq. Caminiti & Gibbons 54075 Main Road PO Box 992 Southold, New York 11971-0992 RE: REECE FROM SCHARRENBROICH Dear Paul: Please let this confirm that my clients' time to "cerise their option to purchase the subject premises has been extended to such time as there is a hearing and decision rendered by the Southold Town Zoning Board of Appeals. WHP/Imt Very truly yours, William H. Price, Jr. 828 Front Street, Greenport, New York 11944 R. 01 APR -04.-96 THU 03:31 PM WM H PRICE SR P.01 JENNIFER B. GOULD Attorney at Law 828 FRONT STREET P.O. BOX 177 GREENPORT, NEW YORK 11944 TELPPHONE 516.477-860'7 fax 516.477-0130 _ Facsimile Transmission tR11 " Date: April 4, 1996 To: Linda Kowalski/Zoning BoardofAppeals Re: Application for Variance - Reece/Scarrenbroich From: Jennifer B. Gould Pages: Cover + 1 Message: Here's a copy of the extension on option. Notice The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone and return the original message to me at the above address by using the United States Postal Service. PLEASE NOTIFY THIS OFFICE IF MESSAGE IS NOT RECEIVED PROPERLY r 4 ATTORNEY AT LAW XONMOSOMM P.O. BOX 1210, WindsWay PxDfaSSirnal Ctr., 440200 Middle Pd. SOUTHOLD, NEW YORK 11971 (516) 765-6085 SOUTHOLD TOWN ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: April 2, 1996 Application of Jesse and Shelley Reece Dear Members of the Board: I have enclosed my letter on behalf of my client, Brian Hagiwara, along with pictures of the present glass manufacturing facility of the Reeces and the shed proposed to be used for the same purpose at the subject site. I have also enclosed the original letter in opposition of Jonathan S. Becker, a nearby property owner, and photocopies of letters in opposition from my client and Mr. and Mrs. John Zloklikovits, adjacent land owners. The originals of these letters will be submitted to the Board at the time of the public hearing on this application. Please make all of the foregoing part of the record in opposition to the petition herein. 11 113 Encs. ATTORNEY AT LAW P.O. BOX 1210, WirrlRay Professimal. Ctr., 440200 Miele Iii. SOUTHOLD, NEW YORK 11971 (516) 765-6085 April 2, 1996 SOUTHOLD TOWN ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: Application of Jesse and Shelley Reece Dear Members of the Board: I represent Brian Hagiwara, who owns improved residential property located directly across Platt Road from the subject premises and submit this letter in vigorous opposition to the instant application. The first issue before this Board is whether the applicants have standing to continue with this proceeding. According to the documents filed on behalf of such applicants, their option to purchase the subject premises expired on April 1, 1996. As a result, it is respectfully submitted that the applicants no longer have standing to proceed with this application. Concerning the merits of the application, the initial unstated question to be resolved is whether, in fact, the application involves an artist's studio, as contemplated by Section 100-13 of the Southold Town Zoning Code, or if the activity sought to be conducted on the subject premises is, in reality, a manufacturing process, which is clearly and unambiguously prohibited by Section 100-31C(2)(h) of the Code. Manufacturing is defined in Section 100-13 of the Code as follows: "Any process whereby the nature, size or shape of articles or raw materials is changed, or where articles are assembled or packaged." As this Board is well aware, the passage of the home occupation ordinance by the Southold Town Board was extremely controversial. A large portion of the citizens of this Town had grave reservations concerning the legitimation of professional and business uses in residential zones, even with protective limitations. Despite these legitimate concerns, the home occupancy law was passed to allow certain home occupations (of the type customarily conducted by residents from their homes in Southold Town), including home professional offices and home business offices, to exist within residential zones. Home professional offices are defined in Section 100-13 of the Code to include "...the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for home occupations, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides." A home occupation is defined in Section 100-13 of the Code as "...any gainful activity customarily conducted only within a dwelling unit by the residents thereof that is clearly secondary to the residential use." Clearly, the t 5 requested use is not what the Town Board intended as an artist's studio. It is actually a business for the manufacture of glass products in clear violation of Section 100-31C(2)(h) of the Code. This proposed business would include gas melting furnaces as part of the manufacturing process and would involve the nature, size and shape of glass being changed so as to produce glass products such as vases. I have enclosed herewith two pictures of the existing facility located on Rocky Point Road in East Marion. It is my understanding that some members of this Board have also personally inspected that facility. it severely strains credibility to attempt to designate such a manufacturing facility as being an artist's studio within the meaning of the Code. More appropriately, an artist's studio would include setting aside a designated area of an artist's home as a studio for a painter, sculpturer, etc. Even if it were determined that the proposed business of manufacturing glass products fell within the Code's defition of an artist's studio, the instant application should be denied. The entire purpose of the home occupancy law was to allow certain non -obtrusive professional and business uses to be conducted "...in the main building by the residents therein... 11 (Section 100-31C(2)(b)). To allow such a home occupancy to be conducted in an accessory building completely negates the purpose and function of the home occupancy law and expands it beyond any reasonable interpretation. This is particularly true regarding the instant application where the proposed accessory structure is located within a few feet of the traveled road and actually within a 50 foot right of way for future road expansion, as can be seen from the survey submitted by the applicants herein. Moreover, the shed proposed to house this business is a nonconforming building, both as to setback requirements and the fact that such an accessory building must be located in the required rear yard. Such a nonconforming building should not be allowed to be utilized for the requested business purpose. Generally speaking, a nonconformance should not be allowed to increase. To convert this nonconforming storage building into a glass manufacturing concern clearly increases or expands the nonconformity. Section 100-31C(2) of the Code permits certain home occupations provided that same comply with subparagraphs (a) through (h) thereof, which were included to minimize the impact of such business uses in residential zones. It is respectfully submitted that this application violates most, if not all, of such limitations. Subparagraph (a) prohibits stock -in -trade from being kept on the subject premises. An inspection of the applicants present facility clearly shows that stock -in -trade is kept at said premises. Subparagraph (b) requires the occupation to be incidental to the residential use of the premises and only carried on in the main building by the residents therein. Certainly this application violates this requirement. Since the proposed use herein is to be conducted in an accessory building, it also violates subparagraph (c). Subparagraph (d) prohibits 0 9 any ..exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation.,, rit is extremely difficult to imagine that a glass manufacturing facility, including gas melting furnaces, would not violate this provision. Obviously, the gas furnace must be vented to the outside resulting in noise, odor, smoke, gas, fumes, heat, etc. to be emitted. Additionally, the extreme danger of housing gas furnaces in a very old, wooden structure cannot be overstated; particularly when such structure is located within a few feet of my client's barn (as can more fully be seen in the enclosed photograph). Subparagraph (f) requires that the appearance of the building housing the home occupation shall not be altered in any manner, nor cause it to lose its residential character. Obviously, this subparagraph contemplates that the home occupation would be conducted within the principal residence. However, it is difficult to imagine that this manufacturing concern could be conducted in this old, wooden structure without considerable alteration. Subparagraph (g) sets forth examples of those types of businesses that would not qualify for home occupations. Clearly the types of businesses listed would tend to have an adverse effect upon the surrounding residential zone and, therefore, are disallowed. The proposed use in the instant application is even more likely to adversely impact on the residential neighborhood in which it is located. Subparagraph (h) contains the specific prohibition against any type of manufacturing, fabrication or construction. This is precisely what the applicant seeks approval to do - manufacture glass products in an old, wooden, accessory structure located within a few feet of the property line and within a designated right of way. As set forth above, the intent of the home occupation law was clearly to allow certain professional and business offices or studios to be located within the dwelling in which the practioner resides. These types of accessory uses were deemed by the Town Board, if limited as provided in Section 100-31C of the Code, to be relatively compatible with neighboring residential uses. The type of professional or business office or studio envisioned by this law is certainly not what is being requested in this application. A business where glass products are being manufactured in an accessory structure is obviously much different than a small studio or office for a professional or artist located within said person's primary residence. The impact of the first on neighboring residences is much less than that of the latter. To allow this type of a manufacturing facility in an accessory building as falling within the ambit of a home occupation would make a mockery of that ordinance. If such a business is allowed under the circumstances presented by this petition, it is difficult to imagine anywhere within the Town of Southold that same would not be allowed. To grant this application would set an extremely dangerous precedent that would essentially gut the home occupation law and set the stage for all types of manufacturing facilities to become a reality throughout the residential zones of Southold Town. As a result of the foregoing, it is respectfully submitted that the instant application should be denied, so as to preserve the integrity of the home occupation law and to protect the residential zones throughout our Town from the incursion of all kinds of incompatible business and manufacturing concerns. Encs. NIUMIK PE 7 I + Fig - I 0 Southhold Town Zoning Board of Appeals Southhold Town Hall 33095 Main Road, P.O. Box 1179 Southhold, New York 11971 Dear Members of the Board: 0 628 76th Street Brooklyn, New York 11209 March 27, 1996 My wife and I own property on Orchard Street closely proximate to the premises for which Mr. and Mrs. Reese seek approval to operate a glass manufacturing business. We write to express our strong opposition to their pending application. Although styled by the Reeses to be an application to create "glass works of art" on the premises, this application, in fact, seeks to foist a manufacturing operation on the neighborhood which is totally inconsistent with its character and zoning. In fact, to the best of my recollection, last year, when Mrs. Reese made inquiry about purchasing our land, she specifically told me that she and her husband had a business manufacturing glassworks; she said nothing about "works of art." It is therefore evident that the proposed use is wholly inconsistent with any type of home professional or artistic use contemplated by the applicable zoning ordinance. Moreover, I have been advised that the proposed use, which contemplates industrial type equipment such as gas melting furnaces and electric cooling ovens, most assuredly would violate Section 100-31C(2)(h) of the Code. Even if it were determined that the proposed use falls within the definition of an artist's studio (although it does not), the application still should be denied. The instant application requests that the glass manufacturing operation be housed in a shed rather than in the main building. The shed is located within a few feet of the traveled road and within the 50 -foot right of way for possible future highway dedication. Clearly, the home occupation law never remotely contemplated such a use; nor is there any basis or reason to permit such a manufacturing operation in an outbuilding within the residential and rural setting in which the property is located. Thus, in sum, the proposed use is wholly inconsistent with both applicable zoning and the intent behind the limited exception permitting home occupations on the premises. We strongly urge you to deny the application in all respects. Thank you. Very truly yours, Jonathan S. Becker Mr. & Mrs. John Zloklikovits 23 Sunhill Road Katonah, NY 10536 April 1, 1996 Southold Town Zoning Board of Appeals Southold Town Hall 59095 Main Road, PO Box #1179 Southold, NY 11971 Dear Members of the Board: We are owners of Lot #8 which is directly adjacent to the property of the proposed glass manufacturing site and are strongly opposed to approval of this application. Our major concerns are the impact on our health, the environment, noise and visual pollution connected with the operation of a commercial factory not an artists studio. Moreover, we are concerned that approval of this application as is will establish a precedent that will upset the delicate balance of nature in this pleasant residential community, by allowing more commercial sites. We kindly request that for the reasons set forth, the application of Jesse and Shelly Reese be denied. Brian Hagiwara 2835 Platt Road P.O. Box 167 Orient, NY 11957 (516) 323-1231 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 April 1, 1996 Dear Members of the Board: I own the property adjacent to the premises on which Jesse and Shelley Reese seek approval to operate a glass manufacturing concern and am strongly opposed to this application. As you are aware, the neighborhood is zoned R-80 and consists primarily of single family residences and vacant land. The first question is whether the glass manufacturing business being proposed by the applicants is, in fact, a professional office or studio of an artist. We think not; particularly when same is viewed in conjunction with the other types of uses included in the definition of a home professional office in the zoning ordinance. Clearly, the requested use is not what the Town Board intended as an artist's studio. It is actually a business for the manufacture of glass products in clear violation of Section 100-31 C(2)(h) of the Code. This proposed business would include gas melting furnaces as part of the manufacturing process. Even if it were determined that the proposed use falls within the definition of an artist's studio, the application should be denied. As this Board is well aware, the passage of the home occupation law by the Town Board was extremely controversial. As a result, it is respectfully submitted that the safeguards provided in such law should be adhered to in a strict fashion. The instant application requests that the glass manufacturing business be allowed in a shed, not in the main building. As inspection of the premises shows that the shed proposed to be used for this business is located within a few feet of the traveled road, and actually within the 50 foot Right of Way for possible future highway dedication. To allow this type of business in a residential zone and in a structure other than the main residence would set a dangerous precedent. If this type of manufacturing concern is allowed to be located in this rural, residential zone, there would appear to be nowhere in the entire town where such a use would not be permitted. The intent of the home occupation law was clearly to allow certain professional offices or studios to be located within the dwelling in which the practitioner resides. These types of 0 Brian Hagiwara 2835 Platt Road P.O. Box 167 Orient, NY 11957 (516) 323-1231 accessory uses were deemed by the Town Board, if limited as provided in Section 1000-31C of the Code, to be relatively compatible with neighboring residential uses. The type of professional office or studio envisioned by this law is certainly not what is being requested in this application. A business where glass products are being manufactured is obviously different than a small studio for a painter or sculptor located within said artisit's primary residence. For all of the reasons set forth above, the application of the Reeces should be denied in all repects. Very truly yours, Brian Hagiwara O awe- er- / -- C�c�ttfiuc.�-e� —cc --a veU f f� �ca.Tui.G.� �c u "Yew l ` 230 �- z • Joshua Nefsky Barbara Friedman 835 Halyoake Ave. Orient N.Y. 11957 D Southold Town Zoning Board of Appeals Southold Town Hall Southold, New York Dear Members of the Board: April 3, 1996 My wife and I strongly object to the application for a variance made by Jesse and Shelly Reese to operate a glass -blowing "studio" in an accessory building on property adjacent to ours. The word studio has a certain connotation, that of an artist painting or a sculptor carving or molding clay. These are fairly benign activities. In this case however there's an open gas-fired furnace and molten glass, creating a potentially hazardous situation. After making two visits to Mr. Reese's existing place of business these are our objections: Fire: A large gas-fired furnace, operating continuously day and night, with no one in attendance for half the time. It is only turned off for a few days a year. Glass: I saw glass everywhere. Bins and garbage cans full of small pieces with many broken pieces all over the floor. When I returned it was much cleaner. Yet the proposed building is just ten feet from the travelled road, a situation that creates some concern. Noise: The first time I entered Mr. Reese's facility the noise was incredibly loud. Even though it was mid March and the doors were completely closed, I could plainly hear the machinery and ventilators outside. The second time I returned, at an appointed time, it was mysteriously quiet. Clearly this is a small manufacturing facility, which is incompatible with a residential neighborhood. Our home is 220 feet from the accessory building that Mr. Reese proposes to use. My concern is for the health and safety of my family, and the negative impact on the community that this precedent would set. Sinc APR 02 '96 05:15PM DIAMOND INFO CTF*N COMPANY 466 1ajngtonAmw, New York, NY 10017 DATE: April 2, 1996 APF,! - "- oA 2122101000 P.1/1 Memorandum Via Fax TO: Linda Kowalski 516 765 1823 FROM: Jim Haag 212 210 8461 RE: Board of Appeals Hearing on April 3 Linda, This follows up our conversation relative to the hewing on April 3 (property on Platt Road in Orient wishing to convert bam to glass blowing artist studio). These Amgd_b_c the conditions under which I would inose the variance: • If there were any change to the current appearance of the barn facade • if any exterior signage were posted If it had a commercial aspect of any kind If any equipment installed inside had a noise quality extending outside or if any finnace were installed which put visible fumes Or carcinogens in the air • If any exhaust fans installed made audible noise from outside the Property Please understand these thoughts are so we all can maintain the beauty and peace of this special corner of the North Fork. RPnRp�714-96 WEU 11:15 RM WM H PRICE'. JR L Nda Ewa PSlc 2,6A Fri m,.A-cv',nY 66�P�I _ � vX x106 _ 0 pAge�? prey, fo be APR -O:&-96 WED 11:15 AM WM H PRICE JR P.02 Arca ato- As- ��°' 0- - APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen. Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 BOARD OF APPEALS TOWN OF SOUTHOLD June 4, 1996 r Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Re: Appl. No. 4369 - Art Studio/Location as Accessory Use Dear Ms. Gould: As confirmed earlier last week with you, a denial was rendered by the Board of Appeals at our May 29, 1996 Regular Meeting (at which the applicant and others were present). Enclosed is a copy of that determination. Also, due to the proximity of this project within 500 feet of a waterway, State or County Road, the Town is required under the Suffolk County Administra- tive Code to transmit a duplicate file of the variance request to the Suffolk County Department of Planning for their determination. It is expected that their agency will not have objection and will forward written comments directly to you. Very truly yours, Enclosure Linda Kowalski Copies of Decision to: Building Department Suffolk County Department of Planning J. Kevin McLaughlin, Esq. (Agent/Oppos. ) MOtt 09:54 AM WM H PRIC�yE JR ri. 888 P.01 *E .0, (0 pA�PS 684 ATLANTIC REPORTER, 2d SERIES & Paul NARBONNE rand E. Jane Narbonne: v. TOWN OF RYE a: al. Na 87-006, l Supreme Court of Ne --v 4ampahife, Nov. 6, ,19i Homeowners filed action toetiallc r ge cease and desist order aganat operatiox of a stained glass business in their home. The Superior Court, Rockingham County, Gray, J., dismissed. Homeowners appeal- ed. The Suprema Court, Brock, C.J., held that the evidence supported the determra- tion thYt the stained glass bvidr4sa was, thr prineipai, rather than suboti+irate or s, : ; a- sory, ase of the residence and, thus, that it, violat d the general reaidcoW zonh, o' the district, in which the hcare was located. Affirmed. 1. Zoning and Planning 4-789 Evid%mce supported deierminrt'on `34 homeownarY stained girsa business i?aa substantial commercial enterprise .sad, - thus, was principal, i,;4.o-r than suborn dinate or accessory, use of home in viola- tion of district'a.general residential zoning, L Zoning and Planning 4=E88 PuPic advertising of homeowner€e' stained glass business, nt iufacture j ad sale of stained glass windows and aupphes, and offering of classes, made up conimer. tial enterprise which, if intended to he al- lowed In residential diedl:;t, should hian been specifically provided ,:c r in zonU& or,- dinance; business was not ,termiesibie vet def ordinance as office of reeognimil pr; fession. 8. Zoning;rid Plann4tg 4-7871 There was. evider, preserbA befare zoning board of.incscased.trsffic, psridn f. probler,,a, lugs 'truck deliverlmi, signs, arir, advertising, all related to homeowners' r1p- eration of their stained glees window busi- ness, which supported determination that br sinew; had detrimental effect on rest dentia) district in which it was located. Loynton, Waldrrn, Doleac, Woodman & Frot4, P.A., Portc:nouth (William G. Scott (crr,Ily) and Patri-k F. Gleason, on brief), for plaintiffs. '�a,leau Profeavonal Offices, Rye (J.P. Nnilcr,u on brief Hnd orally), for defendant Touii �;f Rye. Wholey and Pehsh Law Offices, Ports- rtrou1i (Bernard W. Pelech on brief and orally), for intervenors, Frederick H. and Maude W. Gave. BROCK, Chief Justice. no plaintiffs' appeal in this action arises jute if a cease anti desist order issued by file defendant Tc wn of Rye, prohibiting. t;iarn from operating a stained glass buei- i,asj In their home, The Rye Zoning Board cf 4diustment c'enied plaintiffs' appeal, an, I ti i a Superior ( curt (Gray, J.), upon the ie(orrmendation of the Master Wayland 1.4 i4i+ise, Jr., Esq,), dismissed the appeal ,J ivinstated th, cease and desist order. 7w plaintiffs argue on appeal that the nas'•es erred in finding (1) that the stained glare business is not a customary home oc tpation, and (2;, that it is not an accesso- ry use of their home. We find no error," and therefore affirm. The plaintiffs' home is in a district zoned . for general reside ::ces. They operate their. bra.iness, known as the "Glassworks," ftta; their homo, manufacturing stained: !surra objects to ..order. "Glassworks" is, advttrttsed in the. Yellow Phges and on sig�ra located on 'tauute IA in Rye and on,; th( plaintiffs' fro,,t lawn. All advertising cornph`-?swith aFplicable codes. In rr,, r:o.0 e. to a eompl ;lnt from an abutter, the :owr. of Rye issued a cease and desist sruief on October A4, 1984, stating that the crr; .'Ion of stainer' glass objects was not e`; ho r,e occupation and was in violation of Section /.V—C of 0a Rye Zoning Ordinance. F.,acflor, IV seta forth permitted uses in a single residence district. Sub -section (Q. provides as follows: MPY-06-96 MON. 09.:55 AM WM H • �!°e1 $90 5 d PRICE JR^ N. H. 634 ATLANTIC REPORTER, 2d SERIES Sing, the manufacture Ll the public adt and sale of stall plies, and the combination of commercial enb be allowed in th be specifically nance. See iia 111 N.H. 418; 41 People u Duly P.02 glass windows and sup. The HOME GAS CORPORATION :ring of classes. The e activities makes up a v' ae which, if Intended to STRAFFORD FUELS, INC. and - 3idential districk'should Edward C. Dupont, Jr., tided for'in the ordi• Individually. k v City of Concord No. 87-139. 88 A.2d 791; 792 (1971); Supreme Court of New Hampshire., N,Y.S.2d 608, 604-06 p (1941). Nov. 6, 1987. 131 Any accessory use of a.residence, which by definition includes a customary Liquified petroleum gas distributor ap home' occupation, may not be injurious or pealed from order of the Superior Court, detrimental: to the neighborhood. ' Rye, N.H., Zoning Ordinances, Section II Definr Rockingham County, Gray, J., enforcing tions. There was. evidence presented. be- covenant not to compete in distributorship agreement with gas supplier. The Su - fore the zoning board of -increased traffic; preme Court, Souter, J., held that liquid parking problema,Aarge••truek deliveries, petroleum gas distributor did not breach signs, and adverHsbg; all relating; to,,tha operation of the plalntiffa'• business lne: ,covenant not to compete in agreement with -1-ita> former supplier by buying gas from master upheld the zoning board's finding of detrimental effectstating that "[fjrom ..:another supplier and distributing it to sup the overall evidence' before. it, the, board plier's former customers. could have properly coaclWed that the Affirmed in part; reversed In part; re - commercial or business use of their proper, marded. ty ... hada deteriorating [effect] on other residential properties in the vicinity." We agree. On appeal to the, superior court the 1. Contracts 0=202(2) Plaintiffs offered'no additional evidence to Covenant not «o compete entered into between supplier and distributor of liqui• rebut the zoning boards finding, and they thereby failed to meet their burden of dem-. hed petroleum gas which prohibited distrilr' castrating unreasonableness. • utor from being, employed by a provider of Finding no errorAn the master's rulings LPG or related asrvioe or -Requiring Interest in or affiliation or connection with such i and findings, we affirm, distributor or other provider prohibited firmed only relationship. characterised by enforce• .. able rights of ownership or continuing con. tractual obligation. 2. Contracts 4=+312(9) Liquid petroleum gas distributor did not breach ;covenant not to compete " agreement with its former supplier by buy, ing gas from another supplier and distrib uting It to supplier's former customers; covenant only prohibited distributor from ' entering into relationship with another sup.. +plier characterised by enforceable rights of ownership or continuing contractual ob8• gatiod, and distributor only engaged in eery lee of purchases and sales from other sup plier, and was not subjected to any enforce, :; :nrn;Sq Pro V, ba ordilita t,li:bef I., Rail Castle, jam •! f,LlYll. a The by,con idence in'deJ4 befew theM.il drr.th( e'Iiliritli constrt T11ton, 'S6ss:7'1 fnl t2T;l: maryipt ' ••Ianiily7l. .. �ilr'sdiF7i 1269AS xndinetiand•.ttelepilbdel:number on•';trucksi''aud•hence. ulFyi:rifrviplafingr oi-dinanrx: ����,!='i,•';s :,4t n� ^�':In•1 :nh wKhd' Ptwitwel Tdiumefie Mtion,l for Al other definition 11�71I711i`iJ`itlllir7l7!il•l7CjC11N"i hi'v,tl:. ,::h: lth� f...0 �., n,j;t:•>'. vrJ';IS1Yl.�cnrl1iiii?,t, ,, �, tilt'„1J;:';' q ?� ff ne•ol7 �„IS 'vl .,.N, I, .1.,,: 1. ..! .1.•1 I {IyJthelegpielof,tlie,tate of New York against 1121 rein'deftndant was charged with violating a buildiQ' 1 lalllif'iiia3,j17�',11rig6li!(hh''a:l i,•:1,, .d, •;,I 1'1:l. foul d`ghliif�i. litipl; ich; of:MGiKiscoj1fot•Building Inspector, Town of 1 ainant, gusoJ,of Whiff MIR Ha;`fot!defendank: Ift'P1 2178•, l;'.` i^-^.' lant,is charged•with violating the. Building Zone Ordin ;, the =business Qfllna�ing,Neon pigns at his residence in i§trict ;yThe signs. are built in New York City, and shit §!EruW; i S'liis' 116tQ 3*1ierehd; or Ili; 'a;15Fst3nt;' bolbrs tl ansporis';the finhihed')Bignsl•to his.customers and ins ed a rertificate,(o•do business at his pide1.nce adres Use. A sign on'th' lawif i o conform,with'.the riame:l iWyersl artists, and persons) ,home, :occupations.,'. .:.; I .. . 1 1 everal.designs and their coloring constitute cre endant:contends that ilt'is.an'artisti,within•a l(owing•=artists;'to•tnaintainlo�ces in their) a;bet,peosccuted:foripainting:the Signs at.homs i4cf addiftom,his studio, l.' That ithe trucks may t imtngteriafi-A4o question af'nuisance is invol w,hethcthoriingt defendant haslviglatcd,the zl lipg/anl.oiterdtse;Aj•thelpolice•power,•must b ;e.of.Stamford v: Fisher, 140 N.Y. 187, 35 b 7t Misc,l391, .i2••N.Y.S.d`878;"t'eople'v;'( /! f' If1 1. ll'14y' q Awl 9'// ,i7pt1'•`t 1'In: 4r•7 •;'. •Illi;.,;, •,•L h••, •„ uing the same ordinance this court said that a'rsidence'district is'saft;' healthful"and toll iPeople'W'Gbld, siipral 6'N.Y:Si Mali6ney" Old Sup., 406 -.V.2d '2C i1241 1MV,2886 a4itge300, 150 s 4hc'officelof an'artist'is'express of thdidwellinz. "Ibl." r I !ill I; 09_ AM WM H PRICE JR P.0 _ } dr '7804 ' 'd•'a} ' r 48:N38w, YOA[C19UPP1:'EMDNT, 2d SERIES :nrn;Sq Pro V, ba ordilita t,li:bef I., Rail Castle, jam •! f,LlYll. a The by,con idence in'deJ4 befew theM.il drr.th( e'Iiliritli constrt T11ton, 'S6ss:7'1 fnl t2T;l: maryipt ' ••Ianiily7l. .. �ilr'sdiF7i 1269AS xndinetiand•.ttelepilbdel:number on•';trucksi''aud•hence. ulFyi:rifrviplafingr oi-dinanrx: ����,!='i,•';s :,4t n� ^�':In•1 :nh wKhd' Ptwitwel Tdiumefie Mtion,l for Al other definition 11�71I711i`iJ`itlllir7l7!il•l7CjC11N"i hi'v,tl:. ,::h: lth� f...0 �., n,j;t:•>'. vrJ';IS1Yl.�cnrl1iiii?,t, ,, �, tilt'„1J;:';' q ?� ff ne•ol7 �„IS 'vl .,.N, I, .1.,,: 1. ..! .1.•1 I {IyJthelegpielof,tlie,tate of New York against 1121 rein'deftndant was charged with violating a buildiQ' 1 lalllif'iiia3,j17�',11rig6li!(hh''a:l i,•:1,, .d, •;,I 1'1:l. foul d`ghliif�i. litipl; ich; of:MGiKiscoj1fot•Building Inspector, Town of 1 ainant, gusoJ,of Whiff MIR Ha;`fot!defendank: Ift'P1 2178•, l;'.` i^-^.' lant,is charged•with violating the. Building Zone Ordin ;, the =business Qfllna�ing,Neon pigns at his residence in i§trict ;yThe signs. are built in New York City, and shit §!EruW; i S'liis' 116tQ 3*1ierehd; or Ili; 'a;15Fst3nt;' bolbrs tl ansporis';the finhihed')Bignsl•to his.customers and ins ed a rertificate,(o•do business at his pide1.nce adres Use. A sign on'th' lawif i o conform,with'.the riame:l iWyersl artists, and persons) ,home, :occupations.,'. .:.; I .. . 1 1 everal.designs and their coloring constitute cre endant:contends that ilt'is.an'artisti,within•a l(owing•=artists;'to•tnaintainlo�ces in their) a;bet,peosccuted:foripainting:the Signs at.homs i4cf addiftom,his studio, l.' That ithe trucks may t imtngteriafi-A4o question af'nuisance is invol w,hethcthoriingt defendant haslviglatcd,the zl lipg/anl.oiterdtse;Aj•thelpolice•power,•must b ;e.of.Stamford v: Fisher, 140 N.Y. 187, 35 b 7t Misc,l391, .i2••N.Y.S.d`878;"t'eople'v;'( /! f' If1 1. ll'14y' q Awl 9'// ,i7pt1'•`t 1'In: 4r•7 •;'. •Illi;.,;, •,•L h••, •„ uing the same ordinance this court said that a'rsidence'district is'saft;' healthful"and toll iPeople'W'Gbld, siipral 6'N.Y:Si Mali6ney" Old Sup., 406 -.V.2d '2C i1241 1MV,2886 a4itge300, 150 s 4hc'officelof an'artist'is'express of thdidwellinz. "Ibl." r I !ill I; -06-96 MON 09:59 RM WM_,H PRICE SR v_ i° 'Y.;rl"t'i: 1.'• ,PEOPLI]•VS]DAT�FjtfV "i7Glfi iS •`.' 0057' 08 N.Y.S.ed 008 - nfG3, 4] The aesthetic quality of the product is not material? :The: law ; a,ers did not'jplace the treacheroti�-burden'Idfi'd'istiecriticism upon:', courts. Any one who produces.;Wliat is generally considered "art"; asthetic or connnerciat inayrdo"sorofessfonally in'an{office4ithin his' ohie. Hendrick Van Loon writes that -when the art's were•a part of pple's daily livei�moline of demarcation was drari�l�tfiefw✓1€irtli'A"arts - i#.crafts and 's 's -that he'cannof!undirit4hdiwhPiaii•.aitiit'm{,today ve'i`on one side'®f the strcct'and•th'e craftsiman'oii"ihe'otlter,�tr!{'The irts"f all Looji,V'ft. • Certainly`Disneyrsrw itllrciirri¢7ries'aesthefic+aet. til I superlative craftsmanship The'Oklalidfiis In'ciran'f{iiho'prckete'd'a office mural showing aF redskin'with' featliersyaffachfdribytstdre f in''cx lained"with'native ter'sene`ss that""It`stinksY:'"' i l'.' g P ; , }yet other"a �p- jja6 decorations in public buildings'depictlrig"AmFrrCafiiscenes peopled iy Soviet Mexiean figures. There is no common atandardrof aesthe'tic. Values by which"the word "art" may be'defineda!iThe frasit;+test of '•a zon- ing ordinance is—Does it promote the publis•iiealth's'd'fety'and"geheral welfare? City of Little Falls v. Fisk,gf0�. at ige,'477. IShquld+creative work,of;aesthptiq merlt,be,„dangerous or �nliealthy, Jt might not be art within,llie,lncagingraf thk;'ordinancj;;iiT�he- �Sthetic quality:of defendants, work„Qr,itj,relatlon Lathe,crafts ag dis tlpguishcd fronr',the arts; is immatelrial,ander{guch ��kt t�„The'uestion I ,got liow,mudtfor little defpfidant proddceflblii; hether:hg,pro; ;Pees it'profcssignally or, by business,methpdsri:) ru'r'j°.b:nLfirn.r� a�rr: 4The theory of the zoning ordinance is that certain p ofessioi;g„ f9clud- ng tite profession „of art, may be' practiced'af horde 1.1t, t $ en'ding lom or disturbing' neighbors ;iW}ien'lhreiatti t fdi al es {ii ssional Tail rds for coinmercial'pradtices, he must, opera#e lii' a business dis- ' ni r, ” i Purr �:�.. rrct �, That does not mean that a Commc�cial prfl f ma} not (>t'ir�t at dome, jIt does tnean that; if'he works in hi UWell 'he inusf rtok'ad- ertrse except by a"small name plate' and'lie'nitislticoi(ihe'fi1� idb'rk'!p'a'n ffice'tvit i n the;house, In'some profe'sslbni :iditeiiisii�g' la duel tical.' In iihers, although not forbidden, it is only done by those' who pWel r liiisi= less to the !mutations of professional conduct; ', Fhhl -W&ft fieattt'rttf do ilsifiess under a'company nai&1sthd:ilMpUYI1ieith�inatteladdltelephone Uihbe'r on trucks!are bttsmess'act4fii{c8h§isttnNwtt�i fhe'pPa2ticetdfl+the fofession of arti! t homh.i Perhaps the+insertion o'4s &ind caddrinla 6'Apaper, as ismi usto nary'with in the lse'of alhbtne profession. .'The defbadant'suisethods=t''adVprtt§ingfate They tend to draw people and vehicle's 'to therlieigboThoA insgtian-' lies appropriate to the conduct of 'a business` -but riot7ta tltaipracticai of Thome professrohrnar iwjui ir,i nmuir: ur tri,iniriill t 'i'1I?ef'e'tid 1 i iia 'd(tsi 'it'san�lliiji"�Yhri pt�J� t E ' �y n f3flyfkaSithigr+hl§ ime and he maI%' fransport' thti'si�ri§�loi and¢`frbMi'h' 7liortiel b�ii trucks;. e'iltay not keep the trucks`on the'�t✓:rdiselli' Itl6nie'til'�Nigi act,Vltles'3ndy ' `eoitducted'on ttie"grounds'oftilie di eOI `g"I4io>13i4n ivhereri0rtl idl'fhe yelling except 'the' office 'set aside(ifoi"thma tf'yr i s 0'Ithottig}int}ie ucks are necessary they cannot be kept ihaq office �vklthin+,thkfd%V0Iink Amust,,therefo're, be garaged away fromltharpreiti!sksi}ifgQm of'de= n8ant s activities wiblated thq ordinanceo'i Hel istadadgedr'guiit-and j ed $10. II MAY -06-96 MON 10:01 AM WMH PRwIIC�R•.-.:.,a, m„tee,— - P 05 NARBONNE v. TOWN OF RYE Cite as Ila A.td 388 (NA. 1987) retomary home occupation, such as their property or, Iteery, hairdressing, manicuring, laun-, use falls within W Ing, preserving and home cooking, or ary home occupant office of a doctor, dentist, musician, examples in the .e :her, architect, or member of some found that it Ives i tgrtited profession provided that such commercial chdracb tpatlon shall be carried on by a per effect on the resid only within the dwelling used by him Whether charaeb wr as his or her private residence, use or.a customary provided that no more than one other are two common ret on Is employed, and; provided that of a residence mus i occupation shall not occupy more must be subordinat one-third of the area of such resi- and second, it must e' pal use 71urn of IN plaintiffs' appeal of the cease and =t order to the zoning board of adjust - A vas denied following a hearing. M. P'ogmerous procedural steps, which are �,nt Issue in this appeal, the plaintiffs, :`—.dant to RSA 677:4, appealed to the 14or court. At the superior court hear - lithe plaintiffs failed to present any +Donal evidence. Rather, they offered. ';keord of the previous hearings and a morandum of law. Requests for find- R,of fact and rulings of ;law were sub- dd by all parties. The master recom- aded that the appeal be Ahornissed and the cease and desist order, which had w suspended pending the appeal, be sated. The court approved the recom- "aation and the plaintiffs brought the Rnt appeal. L party appealing an order of a local ±d of adjustment to the superior court the burden of showing that the order is !trful or unreasonable, pursuant to RSA A 1lndings of fact made by zoning ■te deemed prima facie lawful and end the courtfshall not 'set w appealed from unless Per. e balance of probabilities, on before it, that the order is RSA 677;6. We, in turn, side the decision of the trial is evidence upon which the reasonably be ,based. Biggs andtoic/4 124 N.H. 421, 426, 931 (1984). 'is contend that the stained i8 permissible under the Rye ince as An accessory use of N.H. 29, 83, 480 A N.H., Zoning Ordins tions. Although th numerous argumenl tion whether the ate one that Is customs denee, we find it u this issue because 1 activity exceeds the might reasonably b from a subordinate [i] The plaintiff: tivity being evaluate creation of stained g 1t as a glassworks hobby.: While so lin be In compliance wil requirement, the ev trays a substantial i The plaintiffs adver In the Yellow Pagel major highway and I The general public home to purchase itis: supplies, or to parse classes. The masts that the GlaaaWerke the principal rather l accessory) use of the Concord, 102 N.B. 81 406 (1969). [21 The plaintiffs they are artists an "Glassworka,” is Pori dinance as the office fession. Again, they overlook the other 6 which distinguish its N. a• 389 vely, that the y of a custom- strated by the The master [us both to its Its detrimental As an accessory occupation, there ante that the use First, the use he principal use, ited to the prinel- v Durrett, 126 11 (1984); Rye, $fiction II Defini- lea have offered eating the ques- ;Iaas operation is lated to the real- isary to address Ontiffs' business of activity that ddered to result if the premises. ;est that the Re- lsta solely of the ejects, describing "'or a basement U activity night subordinate use presented per- iiee ailing on a W. their home. shied into their tared goods and. in stained glass :luded correctly cries has become subordtnate (or See Perron u 18,160 A.2d 408, contend that their studio, under the or - cognized pro. &count and the business E a a studio: HAY-66e=_96.�.�0.H�30 X03 AM WF`1-.+�t_�r.�nt�'.......a�_yw,•,:i_.U•..-„",r•.,. I' . PP.OPLPI.v:l DALYt?{, rlylS,+i. F:S` 1603 (•:' s8 N.Y.B.08 809 ; IThis agreement recognizes the,vitalFnterest of,erxtployers�eiuploycos, ;and the public in the maintenance ofifair tradeiptaeliees;in thisUndustry,' -end the elimination of the disastrous, and; ru1t141ts 4' a uences;not!of Mair competition but of cut-throat competition belowithe cost necessay to -pay a living wage. Such voluntary, cooperative iffort;lbetween: business vd.labor should not be struck dowrtl bycthe:co(trRighI a tha aw ex- firessly forbids' Here the §tat iI6"ex iess7'.!lzemp'4Q,.` ri[ik��?. O1`�1 It, N,• ,,: P, .,:;rXdylrt,p") j,�{itlllgw, �Z Mgment should be directed for defendants suspi#Qg the yal[t}[ty; pf te,agreement ark adjudging that plaintiffs ag,�o, bx Its trr�nst�tid provisions. p1'1 .., '•!' •'i•7a1 `,IA�?III'ii l,l7�liili3i.3 �" „ "t , ^Fn,nirhp(Jual:;rllzc'� m.alm s... • I .flit/, tci tlYaFli{,)' iI rJIM; < t LQa C'i it f) ,'. •IIF l • 1.'i.:,;. inti l,Y 1 if 14FVP'a1+6 d IIfi}1 h,;;t0'i ,fi, tf(!,hfi7lJb'�1f1''. !IiAII "• ° • •..• ' PEOPLE;, DALY.'?�,nf .utl all ;nli`luhilrii •r i ;y,4J..; n.l TW erlaIt :,d 11 t !'Ibi1i t`Et"'rii i,ll,i Court of Special sessions of,Necr Castlp,.Weetcheelcr Conntyf, 99if tri "I t•:•• 4une.30;:1941.;'i ; .6, If 1•'lii FR,I•iiui :i I i1 ::Inl , h of li>?cl1J!nil t,lll 9li ':u:ntr t Mnaiclpal corporations X601 s :.) e tl RI IltrFiirt�dr'i'',II h y A caning ordinance, being .%exercise oai�c ipoWerr }must be trictl construed,.', +�.a.. Y ,., ,,r.a r.r .z ,d rr i�tFln"hi+tf r t I{t;Ll'' ,,.Lir�'ul �trli„ See Words *nd�Phrases,t PerecagentlEditionit#orial� it;I eT d $ail{ones: Y. 04 Polico Power'. , ' 7�ii1 - •" / '�'!'ra'i :'nil }(i t119ff(i'Irti 71FJ'(Ill JrIi,IF1'vJ'�!1[I� e; Mnnlcipal corporatlOiW ona �60T ' I ali! ttli,.ivl lh m Il',i1`I /+Or_iliF;:;III .id The primary purpose of a residence district" ereaJtcl bylzohingior- tidi'nince is safe, healthful and �comfortable- tfa`mily%&, ratherlthin;the ;Aevelopment of commercial instincts and the purtsulf oUpecuniaryi prof- its.; • tl ,ii7 ,It 's1� t9.'Municipalcorporations ts-ssl(S) l,;r!.I Jnuliyt, ru,i�t111,41. ,.;i�IJ;b, 1! 1! The aesthetic quality of defend ant ts(work; orits,relation.-'foierafis As distinguished from arts, was immaterial•:in'deterjnining':w[ietiier.dd, Pendant violated,a zoningordinance bylcondttetingr"bushiesslof.imaking Neon signs at defendant's residence whicKiwas tnwa',dGktrict •ioned,for Pesidential purposes, where ordinance permitted'eertat' 4 irofessluns,.in= 4uding the profession of art, to be'practiced-abone'si qie I.i,r IS .� 9 :r I:t,�itµclstlgi+4+J,iFi_� ,I��LU;uc',, I: Municipal corporations X801, ,, I .,r I+'(. .•!?II/l F1i f,)I :%! .V IIr4il 1• The basic test of a zoning ordinince,is,whetlier ordinance pro - notes the public health, safety and general welf fro / >utl2x: rsdl ,n;ltdka{ t rtl, ,['sJ!, ;,:Municipal corporations 42n891(2) ,•,i;u„ii:.s'uryti ,/1 / J"/•+,. 11:.,'A Neon, sign maker ,who colored rreadyrrnadesignstatihisi.resi— Ience, which was, in a district zoned Ifori residential pq,ei)osesi,andr• who naintained trucks on the premises and,advertised his,b°usinesslby a sign nllawn, was not.an ,artist”. within aoningrordmance provision,allowl ig artists to maintain, offices in their;;dwellhigs,yespeciiilly)yrfipre^sign faker had filed a certificate to; do: business;)Ilidwp a,�(&Mpany; Mme and 4 l. P. 06 4/96 TO: File Info FROM: ZBA Office RE: Artist as Home Occupation Accessory Use Copy of 1971- 1989 Ordinance is attached. Please note that home occupations included artists, ...or practitioner of a similar character, or rooms used for . home baking, dressmaking, millinery or similar handicrafts in the dwelling. E l 0 At a meeting of the Town Board of the Town of Southold he.td at the Supervisor's Office, 16 South Street, Greenport, New York on the 23rd day of November, 1971. WHEREAS, this Board held a public hearing on the 28th day of September, 1971, in the matter of the amendment of the town ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk Comity, New York" together, with the Building Zone Maps forming a part thereof at which time all interested persons were given an opportunity to be heard with respect to said matter, and WHEREAS, this Board now deems it in the public interest that said proposed amendments be enacted, NOW, THEREFORE, BE IT RESOLVED that "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a part thereof consisting of six sections designated A to F inclusive and which have been signed by the members of this Board be amended as follows, to wit: +11 M a< . address systems shad a tlexceed�he intenslevel of ity outdoor public residential neighborhood. y tolerable in a 8• Labor camps, including farm and non-farm, to the following requirement: subject (a)All farm labor camps on farms shat[ be constructed in conformance th applicable laws and shalt not be Ionated nearer to an of the em Io y other residence than it is located to the residence P ,yer except by specific review and approval of the Board of Appeals, - Boat accommodation of non�cotnn erciatltes boatsr the docking, mooring, requirement: subject to the following r ( for no more than two boats ilo an those ow ed and used h the premises for his personal use. docking shae mooring facilities y the owner of 10. Veterinarian offices and animal hospitals subject to the following requirement: animals h ing enclosed structure if (a) Thenearer thans100 feetlto any lot line. be in a fully 11. Cemeteries. 12. Stables and riding academies. 13. Funeral homes and undertaking establishments. 14. Yard sales, attic sales, garage sales, auction sales, or similar sales of personal property, provided that not more than one such sale shall be conducted on any tot in an y one calendar year. C. Accessory uses, limited to the following: 1• Home occupations shall be understood to include Elie professional office or studio of a doctor, dentist, teacher, engineer, musician, lawyer, magistrate or character or rooms used for home occupations including artist, architect, practitioner of a sitnilar dressmaking, millinery or simitar handicrafts, g home baking studio or occupational rooms are located in a dwelling in which the practi- tioner goods are publicly displayed on the and PROVIDED further, ment is shown other than Premises and no sign area, bearing only the name antdnoctcup farger (words onlythan two (2) ) or advertise - provided that: fee, in total y) of the practitioner, (a) No display of goods are visable from the street. II -14- __ 1 i {i)) Such occupation is incidental to the residential use of the premises and is carried on in the main buildinb by a resident therein with not more than one non-resident assistant. (c) Such occupation is carried on in an area not exceeding 3010 of the area of one floor of the main building. (d) There shall be no exterior effect at the property line such as noise, traffic, odor, dust, smoke gas, fumes, or radiation. (e) That such office or studio is incidental to the residential use of the premises and is carried on by the resident and not more than one non-resident assistant; and (f) That such office or studio shall occupy not more than 3016 of the area of one floor of the main building. (g) That studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one time or where concerts or recitals are held, are prohibited. 3. Garden house, tool house, playhouse, wading Pool, or swimming pool incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain-link (or similar type) fence of not more than 2 inch mesh not less than 4 feet in height erected, maintained and provided with a self-closing, self-locking, gate to prevent unauthori- zed use of the \pool and to prevent accidents. However, if said pool is located more than four feet above the ground, then a fence is not required, ' provided that all points of access to said pool are adequately protected by a self-closing, self-locking gate. Any swimming pool in existence at the effective date of the provisions of this paragraph shall within one year from such date, comply with all of the provisions hereof. -15- • Appl. No. 4369 - JESSE AND SHELLY REECE, CONTRACT VENDEES/ ROSE MARY SCHARBENBROICH, Seller. This is an application for a variance based upon the Building Inspector's February 9, 1996 Notice of Disapproval issued under Article 111. Sections 100-31A and 100-31C (2-b) in which applied has applied for a building permit to alter an existing accessory "shed" building (instead of principal dwelling) for occupancy as an artist studio wherein glass works of art will be produced. Location of Property: 800 Halyoake Avenue, Orient; County Tax MAP Parcel No. 1000-27-2-2.9, containing 5.02 acres in an R-80 Residential Zone District. By Jennifer Gould, Esq. CHAIRMAN: I have a copy of the Suffolk County Tax Map indicating this property at approximately 3.0 acres, and I have approximately four letters against, and four letter in favor. I have to be perfectly honest with the Public. These letters came in at the last minute. I have not read them all. So, we will not be making a • decision on this application tonight. We will however, be closing the hearing and we do have 60 days to make a decision. We very rarely ever take 60 days, but so everybody is aware of that situation. I think we're ready for Ms. Gould. Jen Gould Esq.: Good evening. I know that alot of people want to speak this evening, and I know there's alot of composition to this application. I hope we'll have a very truthful discussion tonight, so I want to be brief in my opening remarks. I represent Jessie and Shelly Reece. Right now the Reece's are renting from the Scharbenbroich in Orient. I think it's a five acre parcel. CHAIRMAN: It's a five. JEN GOULD ESQ: Yes, it's a five, not a three acre, and they have an option to buy the property. This option is extended until the Zoning Board makes a decision on this application for a variance. Now you said, the reason they're bringing in a application for a variance is because Jesse is an Artist. Jesse and Shelley have been living in Orient for five years. They have two children. Nolan is five and in Oyster Pond school and Nathan is two. Jesse had his studio in East Marion on Rocky Point Road, which is also R40/R80 residential district. He would like to buy the Scharbenbroich • property and like all other Artist's that I know in Southold Town, work from his home. He doesn't want to work from the main building because he has an unique piece of property with historical buildings, and lie would like to locate his studio to an old potato shed. I Page 10 - Transcript Hearings Regular Meeting - April 3, 1996 Southold Town Board of Appeals • don't know if you've had an opportunity to read all the letters, but this parcel onetime was part of the Hollockville farm, and this building is one of those buildings. It's seems like an ideal unique place to have his studio. But if the code right now, limited to the main building on the premises, which would be the dwelling, which he and his family will live. Also, that building, the shed, exceeds the limitations in the Home Occupation Law for size, 25%. This building is bigger. It's a 24 by 48 foot building. So, before I go on, I think the blending issues is what Jesse Reece's does, and whether he's an artist or a manufacturer. I'd like to introduce him, and let him tell you a. little bit of what he does. I know from other board members that have been to his studio. I'd like everybody else here to know something about him. Is that all right? CHAIRMAN: Will there be a time when we will have a right to grill you, before this hearing is over? Jen Gould Esq: Yes, yes. CHAIRMAN: OK Good evening, how are you? MR. JESSE REECE: Good. I brought a few objects that I made so you can see for yourself. • CHAIRMAN: Why don't you put them over here on the table. We can take a recess,if anybody would like to look at these. MR. JESSE REECE: Well, this is the work I do and I don't know what to say about it. I consider myself an artist. This is original creations. I'd like to do it on that property. As Jennifer said, I've been working on Rocky Point Road for four years now, without any incident to the neighborhood. In order to stay in this area, for financial reasons and for work related reasons, Id like to be able to work closer to my home, and this property seems ideal to me. If I can get permission to put that shop in that shed. That's basically all I have to say about it. CHAIRMAN: Let's start with Mr. Villa, and we'll see if he has any questions. MEMBER VILLA: Just for curiosity, how do you get your raw materials. Is it just glass that you re melt or do you get it as--. MR.. JESSE REECE: I buy it as a premixed batch, it's called and I melt that. MEMBER VILLA: So it's basically like a powder. It's a dry product and you melt it. • MR.. JESSE REECE: Yes CHAIRMAN: Mr. Dinizio. Page 11 - Transcript wearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • MEMBER DINIZIO: How much of that do you keep on the property at any one time, that powder? MR. JESSE REECE: Well, they come in 50 pound sacks and I get 60 bags at a time. It last me about three months. CHAIRMAN: You also mentioned to us last Saturday, that there would be no outside storage. Is that correct? MR. JESSE REECE: You know, they stack up. They come in a 50 pound sack. They stack up in a small corner. MEMBER DINIZIO: It's probably the only material that you have, to do this. MR. JESSE REECE: I have those glass, those colored glass. I have those rods. MEMBER. DINIZIO: I saw those rods, yes. So those are the two things that basically you make --. MR. JESSE REECE: That's basically the only materials. CHAIRMAN: And the utility, the main utility is gas which is --. • MR. JESSE REECE: We have propane and then it's cooled in electric compartments. CHAIRMAN: OK, Mrs. Tortora. MEMBER TORTORA: Are these, one of a kind? MR. JESSE REECE: Yes. MEMBER TORTORA: Are they created from a mold. MR. JESSE REECE: No, what I do is called "free hand glass blowing". MEMBER TORTORA: Are they signed. MR.. JESSE REECE: Yes, there both signed. All my pieces are signed. MEMBER TORTORA: What ( ). MR. JESSE REECE: Well, I brought a list of copies of. It's not complete, but if you want to see them. CHAIRMAN: Surely, we'd like to see them. • MEMBER. TORTORA: If you could name some of the places that you sell your works. Page 1.2 - Transcript Hearings • Regular Meeting - April 3, 1996 ^ Southold Town Board of Appeals • MR. JESSE REECE: Here. I have copies for everybody. CHAIRMAN: Thank you. Pass it down this way. MR. JESSE REECE: There are three sheets. MEMBER DOYEN: Is he selling off of his property? CHAIRMAN: He'll answer that. The question Mr. Doyen had, and I'll jump on his question. Is there any retail from the property itself. MR. JESSE REECE: Virtually none. Occasionally neighbors come by,but I don't advertise. CHAIRMAN: When and if this application was granted, would there be any visual change to this building, than changing the doors or something. MR. JESSE REECE: Roll up the winds, they are boarded up now. Other than that, I'm not planning on anything. CHAIRMAN: OK • MR. JESSE REECE: No signs or anything. MEMBER DINIZIO: Do you have any chimneys or anything like that. MR. JESSE REECE: Yes, I might put one of those little round stacks up there. MEMBER DINIZIO: Is that required for the ovens, or is it just going to be for you to heat the building? MR. JESSE REECE: That would just be for an exhaust. MEMBER DINIZIO: OK CHAIRMAN: Yes MEMBER TORTORA: What do you call yourself? MR. JESSE REECE: Well, I'm an Artist, a glass Artist. MEMBER, TORTORA: Could you tell us what glass art is? MR. JESSE REECE: Well, basically art works made from glass. • MEMBER TORTORA: Could you tell us a little bit about how this came about in terms of history, and what - . I don't think most 5-25-1996 2.32PM FROM PACKAGING PLUS 212 751 7229 P.2 2 e 4- close Dear Jeff, Yes, Jesse Reece should be warmly welcomed to Orient as a new artist-in-residence.' The charm and strength of Orient is that it grey not as a resort town but as a microcosm of life in America. Farmers, teachers, painters, plumbers, carpenters, sea-going captains, and many others, including artists, built this hamlet. Full-time residents whose,childr.en go to schoc.l down the road are still at the heart of Orient. But it could become a part-time community, active on weekends and in the summer, And be a ghost town the,rest of the year. Tt.i,3 is why we need Jesse Reece and his family, and a few more like him, to keep a balance between full-time and part-time dwellers. Otherwise, as the "old timers" let go of their houses Orient could become mostly a cluster of second homes and lose its soul in the process. But there is another aspect to consider. At stake here is an artist's vision and a fami;:y's d'rea'm. An :artist who wants to practice his craft in a barn on his five acre property, and a wife and children who .:would like to (-n-o-./ being near where he works. Why should this togetherness be denied such a close-knit family? Isn't this family values at work? More of such families and :no doubt, th€.re would be .ess trouble in the land. Jesse Reece is a proud and hare, working man. Like farmers are- And I"have sensed how much sadness there wou.Ld be if he had to give up the house on�Aalyoke road which he cannot reasonably afford without the use of the barn as studio. It would be a family dream shattered by a pack of "concerned citizens" armed with a short-sighted and misleading agenda. As to the "danger" Jesse's studio would represent, let us just say that if.hesthin)cs it safe for his wife and two children who will be in its prox:init-y seven days a week, all year long, then,:. it surely is sale for part-time rFsidents around the corner. I hope that Mr. Gerard Goehr inger and. h.i,, Board of Ap?eals will let the dream happen. 'ffho,ave standsin the way o': a dream, stands in the wap of the Anuaried.n spirit, Le.; it prevail. Co:dia y P. Gaz a Copies:'✓M.r. Gerard Doehringer Ms. Jean Cochran • • Page 13 - Transcript PHearings Regular Meeting - April 3, 1996 Southold Town Board of Appeals people are familiar with this, and whatever information you can bring us along with. MR. JESSE REECE: Sure. About 30 years ago there was something called the ( ) of last movement was born, and it came out of a graduate program at the University of Wisconsin basically, where in the ceramic department they developed small furnaces, that Artist's would have access to material. Since then, it has grown through University programs, and Art schools, where I'd say now, they're are probably 250 small shops like mine in the Country. Before this, glass was, hot glass was by in large, inaccessible to the Artist. It was mainly done in large scale factory's. So the technology was reduced, so that Artist's could have access to it. Now there are many galleries across that strictly sell glass born of the Stuben glass movement. MEMBER. TORTORA: I see you displayed the Art Institute in Chicago. MR. JESSE REECE: Well, I recently --. Well, I sold things for their museum shelf's. MEMBER TORTORA: Have you displayed elsewhere, like New York City or places that might be familiar with New York City. MR. JESSE REECE: Well, I had a few shows like in the World Financial Center in a place called ( ) Gallery. Other stores, a few stores called the American Craftsman that makes handmade things, I sell to, in New York. I've sold to Department Stores and buyers and numerous places on one sale, and somewhat pieces, all across the Country. MEMBER TORTORA: Mr. Doyen. MEMBER DOYEN: No CHAIRMAN: Is there anything you would like to say at this point? MR. JESSE REECE: Not really. I don't really see that I would be altering the neighborhood in any way. Most people don't really know that we're out there, at the location that we're at. I mean, to inside visitors it's my Art studio and I think it's pretty benign. CHAIRMAN: OIf. The process that you showed us last Saturday, myself and Mrs. Tortora. MR. JESSE REECE: Yes CHAIRMAN: In the actual creating I'll use, of glass. It could be a • vase, it could have been as small cookie jar. It could have been anything you wanted to call it. The maximum drone that we heard from your kiln, was the maximum amount of noise that you would be creating. Is that correct? Page 14 - Transcript 011earings Regular Meeting - April 3, 1996 ^ Southold Town Board of Appeals • MR. JESSE REECE: Yes CHAIRMAN: And we did notice that there was a large fan in the building, and when I say fan I'm talking about a fan like the kind you see in Church for the circulation of the air. That would be the maximum amount of noise that we would hear, those two things if they were operating simultaneously. MR. JESSE REECE: Yes CHAIRMAN: OIC. Thank you. MR. JESSE REECE: Thank you CHAIRMAN: Ms. Gould. Where are we going from here. JEN GOULD ESQ: Well, we could let other people talk. CHAIRMAN: Sure. Is there anybody in this audience that would like to speak in favor of this application? Sir. MR.. TOM SCHLETT: My name is Tom Schlett. I'm a jeweler here in Town. I've been here for 20 years, and the first time I met Jesse was out on the road. I sell jewelry and I travel all over the • country, and I do 20 or 30 art fairs a year, and like Jesse I sell to some craft galleries and jewelry shops. In general, craft movement is small shop, two people. Me and my wife do it. You might have one part time employer. I see him more on the highway. I was with him two weeks ago in Morristown, New Jersey, in Michigan, I've seen him in, Ohio. So, it's small. They're nice, and they bring nice things to the area. He's a nice person. He does nice work, clean. I'd like to see him have a shop here of his own. CHAIRMAN: Anyone else like to speak in favor? Anybody want to speak against. Oh, in favor, ok. We can always come back. Mrs. Martha Scott: I'm Martha Scott and I'm a sculpture in the Town of Southold, and I think the more art works that are created out here, I think it's to the absolute betterment of the community. In my 20 years out here, I've used compressors and so forth and so on, on the sculpture, and I've never had anything but good will for my neighbors. It's never been an annoyance to them. In fact, they seem very interested in the pieces that are going and so forth. I think in the nature of Jesse's business, I think people would be very fascinated with the whole process, and I can't see that it would create any nuisance whatsoever. In fact, far less than a barking dog. To the community at large, it's a wonderful to have such a distinguished artist in a very distinguished difficult media amongst us. Thank you. • CHAIRMAN: Thank you. Anyone else. N Page 15 - Transcript 911earings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • MR. STEVEN HELINSKI: Good evening. My name is Steve Helinski. I'm the crew at the glass studio. I'd just like to say that in the couple of years that I've been working with Jesse, it's the safest operation I've ever seen. There is more safety nets, than most people have at home by the kitchen stove, as far as accidents go. That's all thought of, well in advance, and we haven't had any problems. It's also, been a great opportunity for me to get involved in his craft. I just think it's a fine addition to the community. I've lived out here all my life, and I've live in Cutchogue, Southold and Greenport, and just in residential area's I've had neighbors that have caused me alot of problems, just being obnoxious neighbors. As Jesse said, the neighbors on Rocky Point Road don't even know we're there. Thank you CHAIRMAN: Thank you. Anybody else in favor. Yes Ma'am. MS. POPPY JOHNSON: I'm Poppy Johnson and I live in Greenport, and when I moved here 12 years ago with my husband, I had a studio in an abandoned old commercial building in a residential neighborhood. Went through a great deal of trouble with the Village just because nobody seemed to know what a studio was, or what artist's did. That's all behind us now, and I don't think it's been any problem to the people that live around us, that we make art. It is really an asset to a community to have artist's. I lived in • artist neighborhoods in New York City too, and I really don't see it does terrible things to neighborhoods or real estate values, to have artists living there. CHAIRMAN: Before we go over to the negative. May I just ask you a question Mr.Reese? What is the direct advantage of having the studio on site, other than the fact that you're not disenfranchised from the property. You don't have to drive to East Marion each day. Mr. JESSE REECE: Well, there is alot of preparation in my work. Take's time for things to heat up, and it just be -- For one thing, it would be much easier if I were right at home. I have two small children and I could help take care of them at times, and also economically. It would give me a change to buy this property and build some equity, instead of continuing to rent this place which is also for sale, and it would just give me some security. CHAIRMAN: Thank you. Anybody like to speak against the application? Yes Kevin, how are you tonight. MR. KEVIN MCLAUGHLIN: I would like to hand out a couple of original letters that I sent you, Xerox copies of. The firs issue that I had addressed in my first presentation to the board, was to the standing to the applicants. I understand from schools • presentation, that there maybe some kind of extension on the option. I won't know if anything has been presented to the Board to confirm that. The papers that I had seen that had been presented to this Board indicated that option expired on April 1st and if so, I think Page 16 - Transcript 001Iearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • there's a serious issue of whether or not the applicants have standing to pursue this application. Perhaps that could be remedied in some way with some written confirmation of an extension of that option. Certainly none of us here tonight, I don't think, are here to denigrate in any way the products that Mr. Reece produces. Obviously they are beautiful. The question really becomes, "Is this an appropriate kind of business to be operated at the site that you would like to operate it." The code is pretty specific and it defines manufacturing as any process whereby the nature, size or shape or articles or raw materials is changed or where articles are assembled or packaged, and I would submit to the Board that here, clearly, the size, the shape and nature of glass is being changed and therefore if by its very terms falls within the definition of manufacturing Linder the code, clearly manufacturing under the code is prohibited as art of a home occupation. That's in Section 100 -31C -2-h. So if what he is doing out there may be artistic, but if it involves manufacturing, the code specifically precludes that from being a home occupation. And I think that's really the first question this Board has to wrestle with. This isn't the same as a painter sitting in a room of his house as a studio, or sculptor using a portion of their house to create works of art. It's different by its very nature. Again I'm not • saying that the products that are produced are not a wonderful product - clearly they are. We have submitted to the Board -- I know, a couple of you have visited the Rocky Point Road site. We have submitted a couple of pictures for any board members that haven't that I think might give you a fairly good idea of what it looks like inside presently, and of course it would be our position that the site on Rocky Point Road may be an inappropriate site for this kind of business, but not an old wooden structure located within a few feet of someone else's property line and in fact according to their own survey, within the 50 ft. right-of-way. Assuming that the Board is able to get past the issue of whether or not this type of use violates the manufacturing prohibition, the second major issue you have to deal with is, "Are you going to allow the home occupation law to be something entirely different than what it says it is?" I think most of the Board probably remembers when the issue of home occupation was before the Town Board and it was a real hot topic. There were alot of people that were strongly against it. There were people that were decrying it as the downfall of any residential zone within the town. Perhaps they went too far, but I think the Town Board obviously heard the people and indicated that in the law that they passed that does contain subparagraph (a) • through (h) which are attempts to minimize the impact that a business run in a residential neighborhood might have upon the neighboring property owners. (Changed to Tape 2), ..."home occupation Linder the home occupancy law but then I want you to ignore Page 17 - Transcript Wearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • Subsections (a) through (h) which are the very core of those types of businesses that can be run as a home occupation." Section 100-31C-2 says that it permits certain home occupations provided that, and then it lists those subdivisions. The first subdivision says, "no storage or stock in trade." Clearly there has been an indication that there would be storage of stock and trade at this location. The occupation in subdivision (b) must incidental to the residential use and only in the main building. Subdivision (c) talks about limitations on size within the main building again. Subdivision (d) talks about "no exterior effect." I think there will be people here tonight that would indicate to you that they have been at the Rocky Point Road premises that there is considerable noise out side of that premises, and in fact what we are talking about here again is the shed that is located within a few feet of the property line in the front yard area of a residential neighborhood. Subparagraph (e) really doesn't apply. It talks about dance and music studios. (f) talks about altering the appearance of the building. Again, I'm not sure what the prior codes are and things like that, but I would have a difficult time believing that there wouldn't have to be some alteration of this very old wooden structure to allow the type of work to be done in there with propane gas and things as opposed to Rocky Point Road which is obviously a cement block building. Subdivision (g) sets forth examples of inappropriate type businesses. I would submit to the Board that the examples • including things like barber shops and beauty parlors and things like that, would be less obtrusive on the neighborhood than the type of businesses that's being asked for, sanctioned here. And again subparagraph (h) in very language says, "No manufacturing, fabrication or construction of any type." It's very clear. What I think the applicant is asking this Board to do is rewrite the home occupation law. I would submit to you that that's really an appropriate function of the Town Board - that's a legislative function to change the law, with all due respect, I would submit to this Board that if they came in here and asked for relief of the size of the studio within the residence, or other types of relief within the confines of the requirements of the home occupation law, that's an appropriate relief but to totally re -write this law and to say, it's a home -occupation law, it doesn't mean home occupation law. It means you could do this in any structure within the property, he's not just seeking relief, it's seeking a total reformation of this law. And I don't think that's appropriate for this Board to undertake. Finally I think this would set a dangerous precedent if this kind of business can be operated in the building that these people would request you allow it to be run in, I don't know anywhere on the North Fork in the Town of Southold where this kind of operation would be less appropriate. You're going to, if you allow this to • happen, have this I think pointed out to you on any application that anybody wanted to make for similar relief, and I think you would be hard pressed to try to distinguish it. Page 18 - Transcript Hearings Regular Meeting - April 3, 1996 Southold Town Board of Appeals • Again, we are clearly not opposed to artists - some of the people that are going to be speaking to you tonight in opposition are themselves artists. The question is, whether or not this is an appropriate site for this kind of a business and whether or not the home occupancy, occupation law is going to be totally rewritten by this board or whether it is going to be enforced. I'd like to allow some of the neighbors now, many of whom letters you have to try to address the board and tell in their own words exactly how they feel about this application. CHAIRMAN GOEHRINGER: Let me just ask does anybody have any questions of Kevin at this point? MEMBER DINIZIO: I would just like to have your definition, try to differentiate between, what this gentleman is doing and what an artist, say a painter would be, and why - how is there a different in the final product? MR. McLAUGHLIN: Well, again, my understanding of how he operates is somewhat limited and I clearly if I misstated let somebody explain that to you. A painter is sitting assumably under the home occupation law, is sitting in a studio within his house painting on canvass or whatever means that person is choosing. What my understanding what Mr. Reece is doing is he's got • furnaces that are melting down glass products and within the definition of the code is manufacturing these products. Whatever you want to call them. I think that's totally different than the kind of thing that you're talking about with a painter that's sitting there and not changing the quality of the product that's before them other than putting it on onto whatever means-- (a few persons interrupted with laughing) . CIIAIR.MAN: Mrs. Tortora. MEMBER TORTORA: I confess I am married to an artist. An artist, and this is foe of Jim's question. An artist uses materials to create a painting, whether it's water color, whether it's oil, whether it's graphics, whether it's pencil, and that is one of the materials that he uses. Do you agree? MR. McLAUGHLIN: Clearly I agree with that. Sure. MEMBER TORTORA: Then he uses, it must of some kind of a , either canvass, board, whatever, correct? MR. McLAUGHLIN: Sure. MEMBER TORTORA: And he may frame it, or mat it, (could not hear rest of statement). When you consider stomping grapes, is that • manufacturing? MR. McLAUGHLIN: Interesting question. I don't know that I have the answer to it, what I would submit to this Board that is what is • Page 19 - Transcript Wearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals done with the glass materials to change them into the products that you see today clearly is manufacturing under the code. Whether or not an artist taking the painting or whatever else and applying it to whatever medium is manufacturing, I don't know that I would indicate that it is. But I think this is clearly a different process that we are talking about. We're talking about propane gas being used to melt down the products. My understanding, and again I'm subject to being corrected, is that these ovens run 24 hours a day basically all year round, it being shut down maybe a couple of times a year for whatever purpose, maintenance, or whatever. I think it's clearly different and again, I think that if you look at the definition in the code, this is clearly a manufacturing process as defined therein. CHAIRMAN: Ok. MEMBER TORTOR.A: The only problem there is no definition of an artist in the code. There's a definition of home occupation, there's a definition of manufacturing, but I could not find a definition of artist. MR. McLAUGHLIN: I agree, there isn't one in the code. What I would submit to you too is, that an artist can also be manufacturing. I'm not saying that the two are mutually exclusive. An artist as part of its work may fall within the ambit of what manufacturing is defined in the code. I'm not saying the two are mutually exclusive. I don't think a painter is manufacturing, but I think what is being done here under the definition of the code is in fact manufacturing. CHAIRMAN: A gentleman in the audience just wanted to reflect on that. Could you just state your name for the record? JOSHUA NEFSKY: I just wanted to clarify that perhaps. It's really hard to define something like an artist. I work in the business. I'm a photographer and I shoot art, photographic art. I do it every day. There's sort of a loose term for that. I think what Jesse (Reece) does would be called an artisan. If you refer to it as an artisan. There's sort of brackets. They're artisan. They're craftsman. And they're artists. People traditionally under artist tend to be people like painters and sculptors, things like that. It can also say a musician, he's an artist. It's a phrase. So it's something that is not exactly defined, but I would specify that he be called an artisan. I don't know if being an artist is what this is all about. I don't think that it is. But in terms of what we call it, that's what it is. There's also another thing is that, in New York, in the Museums, you have certain things in certain places. Now, there is the crafts Museum, the American Museum of Crafts, which handle all those things. They handle textiles, and glass, and folk art, that type of thing, ok. It's ( ) but it just might help to clarify something. You can say somebody is an artist. You can say, Page 20 - Transcript 011earings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • a ( ) is an artist, what they do. There are certain things, and I think what Jesse does would be classified as artisan. CHAIRMAN: What's the difference between a craftsman and a manufacturer? MR. JOSHUA NEFSKY: Well I think, manufacturing takes raw products and puts them into finished, takes raw materials and puts them into a. finished product. Whereas a sculptor would usually works with ( ) and then he sends it out as a cast, a finished product. He's laughing, you know. Again, I'm saying. This is not a definite thing. It's just -- CHAIRMAN: OK. Do you have a question of this Gentlemen? MEMBER DINIZIO: Yes, I would just like to know, you take photographs and develope them. Are you an Artist? MR.. JOSHUA NEFSKY: I don't consider myself an Artist. MEMBER DINIZIO: That's all I wanted to know. CHAIRMAN: OIi • MR. JOSHUA NEFSKY: Sometimes I do. When I take a great picture, I consider myself an Artist. MEMBER DINIZIO: Manufacturer, do you manufacture pictures. MR. JOSHUA NEFSKY: Am I a manufacturer? I'm actually what they would call a service, a service industry. MEMBER DINIZIO: OK, but I mean, you have a dark room in your house or wherever. MR. JOSHUA NEFSKY: In the City I have a dark room. MEMBER DINIZIO: Would you say, when you take those films and go into the dark room, are you manufacturing something, or is that product a manufactured product. MR. JOSHUA NEFSKY: I suppose you could stretch anything if you care to. MEMBER DINIZIO: I'm not trying to stretch it. I'm trying to understand where this line is. It seems to me that's it's very --. MR. JOSHUA NEFSKY: I don't know if that's the -----. • CHAIRMAN: Do you mind if we continue this questioning for a minute Bevin? Page 21 - Transcript Hearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals MR. KEVIN MCLAUGHLIN: Questioning of me or questioning of him? CHAIRMAN: Of anybody. MR.. JOSHUA NEFSKY: I actually have something to say afterwards. CHAIRMAN: Yes, we'll be back to you. What we intend to do. I'll let this gentlemen speak, and what we intend to do is take a five minute recess after this gentlemen speaks. SECRETARY LINDA KOWALSKI: I need the spelling of your name please? CHAIRMAN: Just hold on one second. We need the spelling of your name Sir? MR. JOSHUA NEFSKY: Last name. CHAIRMAN: Yes MR. JOSIIUA NEFSKY: Nefsky. SECRETARY LINDA KOWALSKI: OK, thank you. CHAIRMAN: Thank you Kevin. Sir, could you state your name for the record also? MR.. BRIAN HAGIWARA: I'm Brian Hagiwara. I'm Jesse's neighbor. Nefsky is talking about is like 10 feet from my property, and very close to a house that used to be the Foreman's house originally. I'm also an Artist, and I'm for Artist's. I'm a painter, photographer and I also manufacture lamps and clocks and catalogers, and if--. I don't doubt that you're an Artist or that they're not beautiful. I'm for all that. What we're talking about is that this is an old wooden barn, and his operation now is in a cinder block building, very hot ovens. It is noisy to me. There's an exhaust system on my roof in the City, that sounds just like that, and at night when it's on, you can hear it. It's a big buzz. When you're working, maybe you don't hear it, and that place out there is so quiet. I love it. I would love to be able to convert one of my barns into manufacturing some of my Art work, but I respect what the Code says, not to do that in our buildings. It's the beauty of the place. I wouldn't want to do it, and I wouldn't want anybody else to do it. Although, I would love to do it. That's why I like it, you know. You have to make sacrifices. It's -- if you -- . We all have to make a living. We'd all like to work at home, make it convenient. I'd love to do that. But, we can't always do that. You know, it's just --, it seems that they'll set a precedent that alot • of people could build studio's of any nature they wanted, to do what they considered Art. But to me, that's not the issue. There's a ruling, there's a code that says, that is should be contained in the Page 22 - Transcript 911earings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • house. I want to respect that, because I think --. That's why this place is so pure and wonderful. CHAIRMAN: Thank you, ok. We're going to take approximately a five minute recess. Anybody is welcome to look at the production. I'm afraid to use any words here, ok. I will say this for the record. That's what has been so unique about this board. We're not here to interrogate people. We honestly like to speak to people, and see what their opinions are, and then we draw a conclusion based upon everything that we take either as testimony or everything we read. And by the nature of that, I'm just saying this for the benefit of the people. We have a gentlemen to my left, on your right, that has been on this board for 44 years, ok. I've been on the board for 15 years, 16 years almost. We do take everything to heart, and it's sometimes very very difficult for us to make a decision. In light of that, I just want to take approximately a five minute, a three to five minute recess, and I'll offer that Ladies and Gentlemen as a Resolution. MEMBER VILLA: Seconded CHAIRMAN: Before you leave, all in favor, Aye. Mr. Murphy, we'd like to thank you for coming in. We're going to close your hearing at this point, and we will deliberate tonight. Hopefully, we'll get • to it. Your welcome to call us, say Friday if you like. I can't tell you how long this hearing is going to go. I'll offer a Resolution closing the Murphy Hearing. MEMBER TORTORA: Seconded CHAIRMAN: Two people independently, while you were speaking kind of took the show away a little. We apologize about that, and now we'll move onto other people that have immediate concerns regarding this application. Who else would like to speak. Yes Sir. How are you, Sir? MR. JOHN ZLOKLIKOVICZ: My name is John Zloklikovicz. My wife and I own a piece of property adjacent to the site. Although, we haven't seen the existing operation, we've been getting some photos of it. I can't identify what these various pieces of apparatus are, but it appears to me that I do recognize two osculating fans, and what appears to be ovens. There seems to be substantial amount of duct work. I don't know if that is all used, you know, with that equipment. But I guess, one of my major concerns here is, if all of this is going at the same time, there has to be an appreciable amount of noise, particularly if the statements I heard before are correct. That this is a 24 hour, 7 day a week, 52 week, operation. So that's one concern we have. I can't for the life of me figure out, also how this will fit into this building, • without drastically changing the structure. I passed it today and it seems to be a wooden structure that could use alot of work and I just don't understand how you could us it "as is". We're also concerned about any admissions that might be toxic. I'm not familiar Page 23 - Transcript 91learings Regular Meeting - April 3, 1996 Southold Town Board of Appeals • with the process. I have no idea of what products that are used in conjunction with glass to make his final product. But it is a concern of ours. Also, if water was used in any of this Art work process, that you know, something might be leaking into the ground that we might regret someday. So, I guess from an environmental standpoint, we're really concerned about it. We certainly not opposed to Artist's but it certainly seems that it's not an appropriate site in my mind. CHAIRMAN: Can I just shed two things on this. When it was in Vogue to have generators, wind generators which basically were similar to what you had on every farm, pumping water at one time. We independently went out and looked at the first wind generator that existed. That was in Laurel. A gentlemen by the name of Miller. There was a substantial amount of drone that came from that generator, depending upon --. We went when it turned just like this, and then we went when it turned 30 miles a hour. Mr. Reece put together for me, and created a glass object about twice the size of this cup. I carried on a conversation with him, while he was creating it. The only thing that was not operating was the fan that I mentioned. The ovens are kept on because it cost them --. It's like a pizza oven. It takes a long time for the ovens to crank up. So it's easier and more efficient to leave the oven on. I saw no water usage at all, except for possibly cooling a specific object, • and it was taken out of a pot or pan, on a rag. I saw nothing noxious at all in the building. I guess if you dropped a piece of glass on the floor and it broke, that would be the only thing that I could construe to be noxious. This is not to be construed as being that, I'm in favor of it. I'm just trying to answer some of your questions. Myself, and Mrs. Tortora on Saturday were there. Mr. Dinizio was there today. I saw it as a pretty clean operation. There is some dust. All operations create some dust, ok. That's what I saw. I just want you to be aware that we did investigate this to a. certain degree. MR. JOHN ZLOKLIKOCICZ: Well, I'm sure that you did. But you know, perhaps they were running to full capacity. I work for a general contractor and we operate a woodworking shop as part of our business, and when we're only operating one piece of equipment. Yes, it's fine, you know. There's no problem. When we got the glue sprayers on, and when we have seven or eight pieces running at one time, you want to run away, that's how noisy it is. CHAIRMAN: Yes MR.. JOHN ZLOKLIKOCICZ: You know, so I'm not saying that's not the case, but perhaps it isn't. Also you mentioned the gas again, I would like to say you need pretty good storage facility for that. That's something that we all have to look at. It's not going • to be of the a small tank. I would imagine that's it's shed. I would imagine that this is going up against the side to be a substantial tank. You know, you mention stacks. In fact, all we're going to see a four inch, six inch diameter stack, a couple of feet above the Page 24 - Transcript Hearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals roof line or are we going to see something substantially more than that. CHAIRMAN: That's all that there now. That's what I saw. Again, I'm not specifically in favor of this. I saw three kilns, two of which were operating and one of which was a finished kiln, all right, and I saw them cranked up to their Max. They were cherry red, all right. I heard no drone. We spoke right; over the top of it just as you and I are speaking now. In fact, almost lower. So I did not see anything. It looks like an ugly pizza oven. That's what it looks like. I mean, I'm being honest with you. That's what it looks like. I'm telling you the truth. I mean, I have no reason. I have no ties to this gentlemen or whatever the case may be. That's what I'm telling you it looks like, and quite honestly you really should look at it because it's really an interesting process. I just wanted to mention that to you. There's no way that I'm trying to sway you or any other nature. I'm just trying to tell you what I visually saw. MR.. JOHN ZLOKLIKOVICZ: Once you establish a site such as this, ok, and if in the future Mr. Reece decides to buy a much larger oven. Can he just go ahead and do that? Do you need to get approval from the Town as he changes this equipment? CHAIRMAN: What we would do. If the board was so inclined to • grant it. I have no idea of how they are talking at this point, and I wouldn't make a guess because it preliminary. It would be in the existing building, all right. We would probably force him to leave the door on the front of the building closed, so as not to create any hazard or any concern for any of his neighbors. When I say the front. I'm saying toward the road. MR. JOHN ZLOKLIKOVICZ: Excuse me. Would he be able to leave the rear doors open? CHAIRMAN: Rear door, probably if he wanted to, in the Summertime. Yes sure, he might want to for ventilating purposes. It would be so designated that it would be placed in that building, all right, and we could have an annual inspection. We could indicate that. We could have a semi annual inspection if we wanted to, and we on the board, on motion, could change that which we've done in the past. We could have a one year permit granting -- . We could do many, many things that we've done, not only in Orient, but all throughout. We just had an 11 page decision on Robin's Island which was unprecedented in reference to taking care of every single solitary element, of this gentlemen's Island, his 434 acres, and I won't say that was everything we could think of at the time. In that particular respect, he has (Mr. Bacon) allowed us to come and inspect every single building that he created or recreates, after he has recreated it, and see if it conforms to what he has told us he's . going to do there. So we have the power and the ability to do that, and we certainly could do that here if the board is so inclined too. I just mentioned this to you as something we're concerned about. Thank you very much for speaking. Page 25 - Transcript Hearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals MR. JOHN ZLOKLIKOVICZ: Thank you. CHAIRMAN: Next person please. Sir, be right with you Ma'am MR. JOSH REFSKY: My name is Josh Refsky. I live across the street in the Hollock farmhouse, right across. I have some --. This is a letter that I sent you and I'm going to read it, but with all the discussion here, I have some extra things that I want to mention. My observations are based on visit's that I made to Jesse's place of business. He said, when I got the PO I called him, and lie said to come visit and I did, and he wasn't there the first time. The second time( because he wasn't there,) I made a specific appointment. The first time was during the week when the business was operating full tilt. My wife and I strongly object to the application for a variance made by Jesse and Shelly Reece, to operate a glass blowing studio in an accessory building on property adjacent to ours. The word studio has a certain connotation, that an artist's painting or a sculptured carving on molded clay. These are fairly benign activities. In this case however, there is an open gas fired furnace and molten glass creating a potentially hazardous situation. After making two visit's to Mr. Reece's existing place of business, these are our objections. Fire - a large gas furnace operating continuously day and night, with no one in attendance for half the time. It's only turned • off a few times a year. Glass - I site glass everywhere. There's are bins and garbage cans full of small pieces with many broken pieces all over the floor. When I returned it was much cleaner. Yet the proposed building is just ten feet from the traveling road, a situation that could create some concern. Noise - The first time I entered Mr. Reece's facility, the noise was incredibly loud. Even though it was Mid -March and the doors were completely closed, I could plainly hear the machinery and ventilators outside. The second time returned, at an appointed time, it was mysteriously quiet. You could carry on a conversation, just like you. When I went there the first time, it was so loud when I walked in the door, I didn't see anybody. I yelled at the top of my voice, "Is there anybody here" no answer. I kept on walking because I didn't want to intrude. So I kept on yelling "Is there anybody here" at the top of my voice, nothing. Finally I found his assistant, right in the back. That's how loud it was. Clearly, there's a small manufacturing facility which is incompatible with a residential neighborhood. Our home is 220 feet from the accessory building that Mr. Reece proposes to use. My concern is for the Health and Safety of my family, and the negative impact on the community that this precedent would set. That's what I've written. I have a few things that I would like to mention. Ms. Tortora, you asked him if he had one of a kind pieces. • MEMBER TORTORA: Yes MR. JOSH REFSKY: When I spoke to him, he said that he was producing two lines. Two lines of things. Page 26 - Transcript OHearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • CHAIRMAN: He admitted that to us too. MR.. JOSH REFSKY: Basically, he was doing a production. He was doing two different types of architects. CHAIRMAN: Can I answer that ? MEMBER TORTORA: My question to him was, is each piece original. MR. JOSH REFSKY: It is original but I'm just saying --. MEMBER TORTORA: I'm just trying to distinguish. In other words, as opposed to a mold or something. MR.. JOSII NEFSKY: Right, ok. But I just wanted to say, that he told me he was doing two lines of things. The other thing about the doors being open. That would be great for us in front. What about John, he's in back. The noise was really loud, it was very loud. The second time I went, and I brought that up, he took me outside, with all the doors closed and said "Could you hear this" and there was some noise. The wind was behind my back at the time. But, it wasn't the same thing as the first time I went. I don't know what he has in there. I'm not familiar with it either, and even some of those fans weren't even on. This was mid-March. Is he • going to keep this place closed? I mean, this thing is going on all the time right, like 24 hours a day, in that building. Is he going to keep those doors closed, and those windows closed when it's like 85 degrees. And I asked him if you're going to put air conditioning, and he said no. Just a Historical footnote here. As you might be aware, venetian glass is among the best glass in the world. In the year 1291 the premises were banded from Venice for basically two reasons. 1. They were bound to the neighboring Island Morrano. Basically because they were trying to conserve their secrets. The second reason is because they kept burning down the place. CHAIRMAN: Thank you MR. JOSH NEFSKY: Thank you. CHAIRMAN: Ma'am. Do you want to speak. I apologize for pointing, but I don't know your name so I can't say your name. MS. DEB WINDSOR: I'm Deb Windsor and I live in Orient. CHAIRMAN: How do you do. MS. DEB WINSOR: I'm also the assistant project manager for Robin's Island project, which you used as an example, earlier so I'll • address both. Page 27 - Transcript Hearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • CHAIR.MAN: I didn't use it as an example in reference to comparing to this project. I used it as an example of what we are dealing with when we're dealing with certain aspects. MS. DEB WINSOR.: I do submit that if Robin's Island had proposed putting in glass works on the Island, they never would have passed it. Had they asked to set up a custom glass operation or a ( ) wind shield, you would have asked for an Engineer's report about the decibel levels. You would have asked questions about the amperage, and the service to the property, whether it's underground or over ground. You would have been concerned about putting a heat processing facility in a Historic wood frame structure. I also submit that I saw stacks that were four to six inches wide, and ,you saw a facility that was cherry red. If my wood stove in my house ran like that, I would be shut down tomorrow. The wood stove in my house requires and eight inch double insulated stack. I'm not. suggesting that it's not an compliant, a code compliant facility. But I do have serious questions about what will be a code compliant facility. CHAIRMAN: We did have a tremendous problem with the period of time that the gunning goes on over in Robin's Island and the decibel leveling of the gunning. But it did not become an issue because certain people called me personally on the telephone, and did not • make it an issue. MS. DEB WINSOR: I think a gunning operation is considerably different from glass blowing because first of all, a gunning operation is compliant with hunting regulations and sporadic noise. We're talking about a prolonged series of noise in a residential area.. We're not only talking about concerns about fire, and community safety. We're also talking about fans, circulators, employee and delivery traffic on a very small residential road. Another reference to, it doesn't create alot of dust. No, there's not clot of dust in a residential neighborhood right now. I happen to live right up the street from it, in a Historic structure that I'm restoring and I've got a nice shed in the back and I'd love to turn it into a wood shop, that I could make artistic cabinets. If he passes his application, I'll be the next one here in line to get one. CHAIRMAN: Can you share with me the man across the street that does the metal work? How much noise does that make? MS. DEB WINSOR: Eddie Wansocki, next door to me? CHAIRMAN: No, across the street from this gentlemen that's proposing this application. • MS. DEB WINSOR. Bob Berke's place. CHAIRMAN: Yes Page 28 - Transcript wearings Regular Meeting - April 3, 1996 Southold Town Board of Appeals • MS. DEB WINSOR: He lives down the road from me. CHAIRMAN: Is there any noise emanating from there? MS. DEB WINSOR: Well, I'm not sure that's a fair question because he has a very large insulated structure. I'm not sure how much fabrication he does on site, and again --. CHAIRMAN: There's a large buffalo outside. Was that built outside or inside? MS. DEB WINSOR: I'm not sure but I believe all his manufacturing happens inside. Like I say, I'm concerned that this is a incomplete application, and that we're granting a zoning variance into perpetuity as far as I understand. Once he's been granted this variance, what about the next residence. When does glass blowing become manufacturing glass windshield, and I think the argument about whether someone is an artist or not, is a total distraction from your mandate from the voters to establish a zoning, and good neighbor, good neighbor policies. Also, what's been unmentioned we have very little ground to stand on. The property is part of the Hollock farm. It's a small Historic structure, in an area that was potato fields, potato farmers. CHAIRMAN: OK MS. DEB WINSOR: Again, If you pass this application, I'll be the next one in line because I'd love to set up shop if that's the precedent you want. I would ask as a neighbor that you don't and I'm willing to relinquish my right to manufacture on my property. CHAIRMAN: Thank you. Sir, you had a quick question? MR. JOSH NEFSKY: It wasn't a question. You just asked if Bob's operation made any noise. When all this came about I went to speak to Doris, who lives right next to Bob. We were talking about it and she went, "Are you crazy" I mean, this guy makes so much noise back there. CHAIRMAN: Well I can see, he's working with steel, metal and copper and brass and everything. So I could see. MR. JOSH NEFSKY: He's as far away from her as I am to Teresa's place. CHAIRMAN: Does he do it inside or outside? MR.. JOSH NEFSKY: Depending on the season and depending what he's doing. Generally, he works inside. • CHAIRMAN: OK MS. DEB WINSOR: Is that mainly because of zoning? Page 29 - Transcript OIIearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals CHAIRMAN: I have no idea. I'm not discussing that. I'm only discussing what exists in Orient now, ok. Let's take the average situation of a barn in question, and a farm producing barn aspect. We could go on from there and we could go into grape farming. Grape farming is a production of a product all right, from a grape. When we granted application for Vineyards in grape farms in this area, during the mashing Season which is approximately three or four weeks in the fall. The noise was so intense that the neighbors begged as to place the mashing pad, so to speak, 400, 600, 800 feet from their homes. All I'm saying is that there are certainly things that people do on their property and sometimes they make noise and sometimes they don't. MS. DEB WINSOR: As we here begging them now. CHAIRMAN: I understand. MR.. JOSH REFSKY: Last year in the Fall, someone was setting up this large gun in Orient. I guess, I don't know what it was. I think it was an explosion. I think it was to scare away the birds or something. CHAIRMAN: Probably from the grapes is MR. JOSH REFSKY: It was pretty irritating. But at least it was every five minutes or something. This is going to be a continuous roar. SECRETARY LINDA KOWALSKI: Roar MR. JOSH REFSKY: Maybe I'm exaggerating it as road. But it's silent up there now. It's going to be a continuous noise, continuous. CHAIRMAN: Anyone else before we move on, Ms. Gould. MS. GOULD: One of the issues that Mr. McLaughlin brought up was the issue of the written confirmation of the extension. I have it somewhere here, and I'll give it to you. They do have it in writing from Paul Caminiti, the Attorney for the Schar benbroich's. The issue or one of the issue seems to be, is this manufacturing or is this art, or is this a combination of the two. You know Kevin, right from the code, the manufacturer --. Manufacturing is any process, whereby the natural size or shape of articles for raw materials is changed, or articles are assembled for package. Well, if it's any process that means, every Artist is a manufacturer or vice -versa. So, we're here before the Zoning Board because the Zoning • Board is going to interpret the Code, and tell us whether they think his glass studio is manufacturing. If you look at legal or Webster dictionary definition of manufacture, "literally put together by hand". Now it means the process of making products by hand, Page 30 - Transcript otlearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • machinery or other automated means. The process or operation of making goods or other material produced by hand, by machinery, or by other agency. Anything made by raw materials by the hand, by machinery or by art. So, where are we? I think we have to talk about it in terms of the History of glass manufacturing in this Country, and what the Studio Glass Art movement is all about. I have with me -- (changed tape inaudible) From this book, it's a 1990 put out by the Corning Museum of Glass. It's called Masterpieces of American Glass, and there are two chapters in here, the one that I thought ---. But first, the advent of mass production, and I think if we're going to talk about what glass manufacturing is. What was it, and what is manufacturing of glass. Well, back in the 1800 to 1900 is where glass manufacturing in this Country really took off. They used molds, and in the molds alot of decorative was already established. There was less need for skilled Artist or Artisans, whatever you want to call the people that were doing the glass manufacturing. Towards the 1820, 1850, they developed something called a pressing machine. So that you didn't need a glass blower. You pressed the glass into mold, and the machine did the work. It was an automated process. So, what you had in the factory was, you had a designer, you had more and more • unskilled labor that would run these pressing machines. Five people by the middle of the Century would run the pressing machines, and they could product 100 glasses an hour. Now what does Jesse do.? Jesse works in a studio by himself, he uses his assistant. For those of you that don't know. Steve is one half of a famous restaurant called pair, Salamander's Cafe. So he's not there all the time, all year round anyway. What Jesse and Steve do, is they create, they design. They come up with a concept. They create, you saw the process. They do everything by hand, and one of the tools they use is a furnace. It melts the glass, and then there is the cooling oven. But that's not manufacturing. Those are structures used to heat the materials to ready the materials. There is no automation here. There is no division of labor, tons of employees. It's just not manufacturing. You're the ones that are going to determine that. But, I have Xerox these chapters, because Jesse was telling me earlier about the studio glass movement. It's a relatively new movement in terms of an Artistic movement. It only began in 1962 at the University of Wisconsin. But since then, it proliferated, and this book, contemporary art glass --, contemporary art glass all over the world. But it starts with the United States, and in each little blurb that they have about the Artist, they talk about what the Artist do, where they work. Well, they work in their homes. Or they work in • studio's on their property. They don't work in factory's or manufacturing plants. Page 31 - Transcript 011earings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • This third book, it's called Studio Glass Making, and basically talks about all the products that are used in studio glass making. How to build you own furnace for your own house? What kind of hook ups you need, and that kind of this. So it's more of a "how to thing" But, the whole point of this is, not manufacturing like a factory. Manufacturing is a very broad term, and our Code has defined it very broadly. You have to narrow it in the interpretation. What Jesse does, he said. He doesn't do any retail from his store. He doesn't do any retail. Someone comes in, a friend and says, can I buy something? That's not retail. He doesn't want to do retail. The shed that he wants to use-- . He won't be putting a sign of that shed. He does not want to attract attention to himself. I was concerned that maybe his studio would be noisy. So, I wanted to know from a neighbor what it was like, when we were visiting, I think it was --. Mr. Goehringer you were there when Walter Gaipa came over. He was a neighbor and said --, and he wasn't solicited to come over. He was just around and lie said, " Jesse is a. great guy". I have no problems. There are no problems with this operation. Well, Katie Sepenowski, and her husband Peter, and their two children live directly across the street from the studio. I called Katie yesterday and said, "What are your feelings about this?. Do you have a. problem with this? And she said no. I never even know he's here, and so I asked her to write a • letter, and I'd like to read her letter. I've given a Xerox copy and I have the written one. " Member of the Board I currently reside in East Marion on Rocky Point Road directly across from Jesse Reece's Art Studio. He has been our neighbor for the last four years. In that time he has maintained such a low profile, you might not know that he was even there, except for the beautiful glass works that he creates. Ile made a gift of one to its after my husband plowed his driveway two winters ago. His Art Studio has not caused me any problems. His Studio is contained inside. I've seen no refuge around the building and as far as I can see, his craft poses no environmental risks. As far as noise, there is none. Because he hand crafts, his visits to the Studio are" sporadic and I can't recall seeing more than two or three cars at a time. As a resident, I believe Mr. Reece would be a good neighbor in the Orient community. Please consider his application for a variance. Sincerely Catherine Sepenowski." The people that talked tonight about, talked about manufacturing, but perhaps the real concern is safety, and doing it in this wooden building. The reason we're before the board is, Jesse had no intentions of moving into this wooden structure, as is. As you've seen it. It has a. dirt floor. It needs a concrete floor. He • went to the Building Department to make a application for a building permit, to make modifications. Anything he does to that building will have to be in accordance with code. Southold Town enforces the New York State Uniform Code, and from that code it refers you to Page 32 - Transcript 011earings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • the National Fire Protection Association, for the insulation of gas furnaces. They have to follow --. They being the Gas Company. Jesse doesn't do the insulations. The Van Duzer does. A company like that. They have to follow specific F and PA regulations. It's regulation 54 and 58. They can be no deviation from that. I called Van Duzer's and asked. What about the emissions from the stack? Is carbon monoxide an issue? They said, absolutely not. It's negotiable. That's why you have proper installations, you know of the gas, so that there isn't a problem. So everything he --. See the way his furnaces are installed now. They would have to meet code, and be installed the same way in the building. He wants to take this Historic building. He doesn't want to --. He wants to maintain the appearance. That's the issue in the Home Occupation Law. Are you going to create a negative impact, an appearance impact on the community. He will not. He's going to put windows in where there are boards. He's going to put a floor in. The walls will be insulated. They will be fire proofed. He's living here with his family. He is as concerned about safety, as his neighbors are. He's going to live here. This is as important to him as his neighbors, and I think he respects his neighbors concerns, and he will do everything in his power to make sure it's the safest operation • possible in accordance with the code. This operation will be incidental to the main use. He tells me --. I ask, how many of these glass works do you create in a week? Thirty to forty maximum. That's just not manufacturing mass production of what the opposition was talking about:. Is traffic an issue? He has one part time assistant that's there. He figures that UPS comes maybe, once a week to pick up his things, that he ships to other places. In terms of --, what's the effect going to be on the exterior effect of this operation, on the neighborhood. It's a very clean operation, as you said. There is no runoff of water. Everything is recycled. The glass is used again. The only things that he has to dispose of are the old bags. The 50 pound bags that the batch comes in, and the newspapers that he uses when he's handling glass. The wet newspapers that you saw him bringing out. Eventually, that has to get thrown out. But that's not chemicals. That's not chemicals leaching into the ground water and again, the family lives here. He's not going to do anything to the groundwater on his own property. There will be no outside storage. Everything he does is inside the building. He's in a residential neighborhood now. He would like to relocate in a residential neighborhood, and I think one thing that hasn't been said. What's unique about this residential • neighborhood? Is there Aalready two Artist's in residence in this neighborhood, who have not altered the residential appearance or nature of the neighborhood. They're considered as asset's in the community, and Jesse would be too. What he does is fascinating, and Page 33 - Transcript ollearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • this is the kind of thing that the Home Occupation Law encourages. It's something that's kept the economic liability of this Town going. I have other literature. You asked, what kind of event that Jesse intended beside the business cards. He brought into my office, and I copied applications to the Craft Fairs, Designer Crafts that lie attends, and you just can't go to these things. You have to submit slides, and you have to qualify, and be accepted, and I won't give you all of these. But I want to read what some of these say. " We accept only contemporary or original American Art crafts. The work displayed must be created by the exhibitor. We do not accept imported or manufactured items, antiques, collectibles, or assembled jewelry, embellished commercial objects or objects from commercially available kits or pattern. Pretty much, every single one of these says this, some much that those kind of words". I want to jump back to the safety. I also have copied the specs, for all of his equipment, that you can look at. The Perell Glass Studio, who supplies him for his furnaces and I also have the specs on the --. These are for the batch, and these are breakdowns. These are components. So, it's like each component that might be in the batch that you might have to see. • CHAIRMAN: You going to submit all of this stuff? MS. JEN GOULD: Pardon me? CHAIRMAN: Are you going to submit all of this stuff? MS. JEN GOULD: I'm going to give it all to you tonight, so you can look at it again. CHAIRMAN: OK. Where are we going from here? Is there anybody else that you're calling on? MS. JEN GOULD: Yes CHAIRMAN: Could you do that because I have to be honest with you. We have to be stop about 10:15, and we have one more hearing to go, and we have a decision to make. So, I'm not rushing you but I want to get going. MS. JEN GOULD: OK The last person I wanted to call if you have any questions of me or Jesse, is Scott Harris. I retained Scott to come and appear as a expert witness, because I thought it was important for someone that drafted the Home Occupation Law, to maybe, speak to the group about what it was, and what the felling of the people of the Town Board was, at the time when the Law was • passed. What they thought manufacturing was, so I'll turn the podium over to Scott. CHAIRMAN: Good evening. How are you? Page 34 - Transcript PHearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • MR. SCOTT HARRIS: Good evening Ladies and Gentlemen of the board, Ladies and Gentlemen. On this gathered room of ours, it's indeed a pleasure to be here tonight. I had the pleasure of meeting Mr. Reece tonight. I've not met the Gentlemen before. I was the Supervisor of the Town of Southold for the years 1990 through December 1993. The years when the Home Occupation Amendment came up. During that time frame we heard many, many discussions, in reference to pros and cons, in reference to the Home Occupation Law. The Home Occupation Law as you well know, being a cross eyed Judicial body. One who interprets the Law, and no one else can but you, was in existence when this Town Board in 1990, 91 and 92, took up the issue of Home Improvement Amendments. One of the reasons that the Home Occupation Amendments came up, was because the economic viability of this Town was being threatened. Never was it discussed by board members, those legislatures that enacted two local laws in 1991 and 1992 discussed Artist, what they could or could not do with their property. Artists were always deemed, via bright. One because Artists are subjective in nature. Art to you may not be Art to another. But an Artist, by the very term Artist, was never put in • the Code, just because it was very nebulous. As you adequately address earlier, or one to the members of the audience did. There is no definition of Artist. One of the reason that this board addressed the Home Occupancy Law, was because of the economic viability, as I had mentioned earlier. Artist are not rich people. Artists have never been in a position of being in wealth. Artists barely survive. Those that are in true art form, don't even sell their works of art. For their pride, they would rather go out and beg for bread and cheese, rather than sell a work of art. I have been in this Town all my life. I have been in Orient, (where Mr. Reece is proposing to buy) for 46 years. I also have a Bachelor of Fine Arts degree in Photography. So I do have a fine art background. I'm very familiar with many, many processes. I'm familiar with Mr. Reece's process, as well as many other Artists and their process. Manufacturing was never deemed to be part of the Artists trade. Manufacturing was thought to be, for those individuals that were in the Home Occupancy Trade such as: Carpenters, Plumbers, Electricians. When it says, no storage of goods, we the Legislature, meant no storage of goods such as: A Electrician who would have hundreds of cases for instance, of lights, that he would be installing in residential or commercial property. Or cases and cases of wire, that he may be installing for residential purposed. Or the Carpenters, who maybe • had palates and palates of wood for Home Improvement purposes to be stored on the .premises, as well as the other trades. Manufacturing was deemed, and solely deemed by that Legislative board, to be for the trade people only. If this board deems in it's wisdom, that Page 35 - Transcript Otlearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • manufacturing should have been a method, well hindsight is 20, 20. We thought we covered everything. I'd would like to read --. This is one of the few local Laws because of it's intensity, and because of the economic impact of this community which kept the service and trade people viable, and didn't: drive them out. Which also kept down the cost for the residents who benefited from this local Law. I would like to read for you, the definition from the code, which certainly I'm sure you're familiar with, and you could almost quote verbatim. But, one of the reasons why we put it in the code, is it's Legislative intent. One of the few laws that you'll find "Legislative Intent" being put into the code. As you well know this code rarely has Legislative intent behind laws when they were passed. If you want to research the minutes, and go behind all that, you certainly could try to get a jest of what took place. But what took place in this local law, was Legislative Intent, purposely put in, so there would be no question of why it was passed. And if at this time I'd like to read that. In the interest of ( ). I realize you have another application and so I will try to sum up as quickly as possible. Thank you for your time. CHAIRMAN: Thank you • MR.. SCOTT HARRIS: I'm going to embellished a little bit on this to say the board, meaning the Town board at the time so, I'm going to start. The Home Occupation including home professional office, which by right any artist can do as you well know, without having to come before any board and ask permission. Such as a Dentist, or a Dr. or a Lawyer. They can always work out of their home, and Artists were always included in that definition. Home occupation including home professional office, and home business office. An amendment that we put in, which included people in the Computer Industry, who sold through their home by phone, and so on. These businesses were allowed in Southold Town. Now I can say that in the four years or more that has transpired, since these local laws were adopted, there has not been one instance that I have heard about, where this has been detrimental to any neighbor in a residential area. There was alot of concern, alot of unknowns. And certainly I appreciate the neighbors, who have concerns for something they don't understand or possible don't know, and certainly that is the nature of us, as Human Beings. But again, knowledge is a wonderful thing, and it also can be very dangerous. It could be used and twisted for means which . are not, in my opinion, what's considered to be, for the viable economic reality of Southold Town. The people and the residence here, who would welcome Artists into this community and send a terrible message. Artists go away, except if you're in this Page 36 - Transcript 011earings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • meeting. That is a terrible message. It should have never even been brought up because art is a subjective art form, as I said. A subjective nature by itself. It should not even have been interjected into this argument. One of the interesting parts about this, and I'll finish my conversation in just one minute. The Town Board recognizes that residents historically, have operate a small businesses, which provide services to the community from their homes. The board, the Town Board finds that these businesses have not impacted negatively, on the appearance of these residential zones. In the boards judgement, it finds that in order to maintain the economic viability of the Town, to maintain the rural quality of life, in the interest of the welfare of the residence. These businesses or home occupations should be permitted to continue. In setting forth the following subsections 100-31, the board intends to permit as a right, certain business uses in residential zones with the understanding that these uses are to be conducted in a manner which will not alter the character of residential neighborhoods. The board believes the following subsections provides sufficient safeguards, to accomplish that aim. Now there were a number of subsections that are listed after that. Most of these, I would say probably entirely, deal with the trade • .people. Never were art or artists or artisans or whatever terms you want to put on it, deemed to be detrimental to the Southold Town, and it's community as a quality of life. I submit to you Ladies and Gentlemen of the board, that the only thing that is being manufactured is this issue. Which is an issue that should not even be before you, except for the fact that the code is not clear on accessory uses for artists. If we deemed at the time, that this type of problem or concern would come up, we would have addressed accessory use buildings (for you to make your life easier) and certainly to make the life of applicant, who was talking about buying properties, those who are artists make their life easier to welcome them into this community. And with that, I open any questions to you? MEMBER VILLA: Yes, I have a question Scott. You say it was never addressed on accessory buildings. I would have to think that, it must have been because it's explicit in the code, that it says, "It must be in the primary building" It wouldn't be in there. It would have been left ( )if you hadn't done that. MR.. SCOTT HARRIS: Mr. Villa, artists were never brought up in concept, for any part of the home occupation amendment because artists were considered to be, innocuous in the nature of their business. • MEMBER VILLA: Well I'll tell you. I have a problem in addressing this under the home occupation law because I think this is a Page 37 - Transcript OHearings Regular Meeting - April 3, 1996 Southold Town Board of Appeals isdangerous precedent, to set it under the home occupation law. I think if you address it as some other means maybe. We have addressed artist studios where they do sculpting in accessory buildings, and we've granted those kind of things. But to address this under the home occupancy --. I think it's the wrong avenue, wrong situation. I mean, you drafted the code and you put in. It had to be in the main building, and there would be no manufacturing. MR. SCOTT HARRIS: If I may interrupt. In 1982, the home occupancy law. In 1983, correct me if I'm wrong. Linda or Jerry or Serge who has been on the board for 44 years. The home occupation law was adopted by prior administrations in 1982 or 1983. The amendments such as, trades and so on, were put in in 1991 and 1992. The artist part of being in the main part of the house, was always in the law. SECRETARY LINDA KOWALSKI: That's right. MR. SCOTT HARRIS: We did not touch that part of the code. SECRETARY LINDA KOWALSKI: That's right. MR.. SCOTT HARRIS: That's been existing for 14 years. • MEMBER. VILLA: Well yes, but if it wasn't --. You're saying that accessory building were never addressed. It would have to mean, that this thing went on for weeks or months, on forever. It was in the paper all the time. MR. SCOTT HARRIS: An artist, I think if you look at the minutes Mr. Villa. You would see that artists were never a concern. I don't remember artists coming up in the conversation, by any residence as being a concern to them, with an amendment to the existing home occupancy law. MEMBER VILLA: I'll grant you that, but there is not even a definition of an artist in the code. MR. SCOTT HARRIS: Inaudible MEMBER VILLA: You didn't address it. I don't think home occupancy is the right section to address this on. MR. SCOTT HARRIS: Well unfortunately, home occupancy again, with the definition of home occupation (which you have in front of you). SECRETARY LINDA KOWALSKI: It's there. • MR. SCOTT HARRIS: I know you're very familiar with being board members. Home occupation, people who are using their homes for deriving an income, come under home occupation. Now artists, as I Page 38 - Transcript 011earings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals said, aren't considered to be those people who are very wealthy. Artist such as Mr. Reece I understand as I said, I met earlier tonight. Mr. Reece is renting an establishment on Rocky Point Road in East Marion. I'm sure that the amount of money, (I don't know how much it is), but I'm sure that overhead alone could well be put into his products to maybe enhance his art form more than they are now, because of the limited capitol, I'm sure that he has to use. It's probable hindering his artistic ability. MEMBER. VILLA: I realize that MR. SCOTT HARRIS: It could well be as many artists. It was brought up earlier that one of the gentlemen here mentioned that manufacturing was because he bought sand. (Excuse me if I'm so blunt). But he bought sand in 40 or 50 pound bags and he's manufacturing. I submit you can apply that to any art medium such as sculptor, and when somebody buys plaster of paris. Which is a dry product that they have to mix with water. It come in 40 or 60 pound bags and I'm sure that it wasn't meant at the time, to be stock and trade for that's not considered to be manufacturing, because they have to stock plaster of paris. MEMBER VILLA: I still don't think it's the right section of the code because home occupation --. We have the monument up on Cox Lane and Route 248, when they were starting to go after the service people, the plumbers and the carpenters, and everything else. They were starting to put them out of their houses. Then, a gentlemen built that building up there to house those people, and then the law went into effect and that was no longer necessary. MR. SCOTT HARRIS: Again Mr. Villa let me explain. I'm not here certainly to reintegrate what the intent was of every board member and every interpretation by the resident of this law as it was enacted. But, the main purpose of the law was to keep the small business person such as the Carpenter, the Mason the Electrician, who had one employee or less, working out of their home. Not having to spend 11 or $1200.00 a month, in the facility where he had no need for that type of space. Not to mention, could never afford the overhead. MEMBER VILLA: I realize that. MR. SCOTT HARRIS: Those facilities that are up there now, are large facilities, large operations that need the space, and they don't even conform. Nor could they apply to be home occupancy as the code exists. CHAIRMAN: Thank you very much Mr. Harris. • MR. SCOTT HARRIS: Anybody else. Thank you for your time. CHAIRMAN: We have one question from this gentlemen. Thank you again. You have to address the question here. Page 39 - Transcript Hearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • MR.. STEVE HELINSKI: I don't know if we're objecting to manufactured or if he is an artist. I would like him in the neighborhood. I'd like you as a neighbor. I own some of his pieces. I bought them from Jesse years ago in New York City. I'm an artist too. That's not the issue. If he were able to convert his barn to be a studio to make his glasses. I could convert my barn to make my lamps. Josh could convert his barn to do photographic, whatever. There would be twice as many structure as there are now. The next step is why don't I convert the garage into something then. MR.. SCOTT HARRIS: Are you afraid of being overrun by art studios? MR. STEVE HELINSKI: It's setting a precedent. I'm just saying we're trying -- MR. SCOTT HARRIS: Who lives right next to you. Is that an artist. MR. STEVE HELINSKI: He's an artist. MR. SCOTT HARRIS: Who lives right next to Josh. • MR. STEVE HELINSKI: If there was a town meeting and those structures were going in there (before they were). I would be here saying the same thing. They were there years ago. I moved into the place after they were there. So you see I have to speak up about respecting the code and not allow it to set a precedent. It has nothing to do if it's manufacturing or not. CHAIRMAN: Did you want to reflect on any of this, since you so nicely did such a great job. MR. SCOTT HARRIS: Mr. Chairman, on a personal note and to put another hat at this time. I would welcome Mr. Reece or any other artist who I haven't met or served. But if you have a. prayer and would like to do that. If you had an accessory building which I don't even know you do, and you have a farm which I'm very familiar with. What this gentlemen did, and it was permitted by the board to CIO. I think that is the quality of life in Southold Town deserves and certainly would appreciate. It is not a type of industry people would object to, such as those who are talking about smoke stack studio. MR. STEVE HELINSKI: It's not like we're saying he can't do it. He is doing it. CHAIRMAN: Ok, thank you again. Mr. McLaughlin, is there • something you want to say? MR.. KEVIN MCLAUGHLIN: Very briefly. The only time when you need to go to the " intent of legislature" is if there is some Mage 40 - Transcript Wearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • ambiguity. Clearly, there may be some ambiguity about whether this is an artist or manufacturing. Lets go beyond that. Lets gets to the secondary issue of where they are trying to put this concern. This ordinance is totally unambiguous. There must be six or eight times within the confines of 100-31C, where the use of the word home, principal residence, main building is used. Clearly, the only intention of the home occupancy law was to allow certain innocuous operation out of the principal residence. What they are asking you to do again tonight, is to legislate. They are not asking you to interpret. They are asking you to change that home occupancy law to say, "Home occupancy law and also if you want to do it in a accessory building, that's ok too". That's not what the code says. That not the problems of this board to legislate. If there is enough support to go before the Town board, amend this and Mr. Harris wants to indicate what the prior town board thinking or along those lines, that's fine. But it's not appropriate for this board. CHAIRMAN: Thank you. You had one other quick question and then we have to go? MR. STEVE HELINSKI: It's not a question. It's a couple of comments that I heard. I'll be quick about this. Ms. Gould said something about other buildings being altered in the area. That there weren't any. Well Bob's has been considerably altered. He • bought a schoolhouse there, and then put a monstrosity on the back, and there are armatures and cranes, and that's been quite altered. The other thing is. I don't buy this starting artistry team. You know, that building, I heard a quote, $375,000.00. Maybe it's $350,000.00 I don't know, but it's twice as much as a normal building or the average building in this area. So, I think that argument is wrong. CHAIRMAN: Thank you. Ms. Gould do you have anything else. I have one question for Mr. Reece. MS. JEN GOULD: Ok. I would just like to say one thing about artist. What we're asking for the board to do is look at the reality of the situation in this Town, and look at every other artist in this Town. There isn't one artist in this Town that has been forced into commercial space. As Scott said, as a right artists can work in their houses, whether it be their houses or out buildings in their houses. The fact is, many of them have done it. It's excepted in the community. It's encouraged in the community. Jesse had to come to the board because of his own --. He couldn't take this risk of just moving in and doing it. Probably no one would known about it because he wouldn't have been offensive. ( ) I brought a letter from his neighbor that didn't even know what he does and he didn't know he was there most of the time. • The fact is, artists are doing it all over the Town. I don't want to see the Town or put the board in a position, "don't tell, don't ask". If you're put in a hard position. I know you will Page 41 - Transcript oTHearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • consider all the facts. He just wants to do it the right way, which is why he came to you. CHAIRMAN: Thank you. Can I just ask you. What are your intentions of the building, other than the exterior. What are we doing inside. Are we going to insulate this building inside? Are we going to drop lights down, or are we going to put --. MR.. JESSE REECE: Well, I'll put some lighting in the floor. CHAIRMAN: Right MR.. JESSE REECE: A home ceiling. CHAIRMAN: What is the nature of the heat situation in the Summertime. It must become almost unbearable in there. MR.. JESSE REECE: Well it get's hot. Glass blowing is hot 12 months of the year. CHAIRMAN: OK, what are the hours that you're going to operate, approximately? MR. JESSE REECE: General I work during the day. •CHAIRMAN: OK, are the --. Is there a reason to fire these kilns at night for any particular reason? MR. JESSE REECE: Well the one glass melting furnace, like everyone is concerned, runs constantly. CHAIRMAN: Right MR. JESSE REECE: But the noise that Josh refers to when he came back and was mysteriously quiet. That is the normal running noise of the thing, when I'm not standing in front and working there. CHAIRMAN: Yes, when you don't have it fired up. MR. JESSE REECE: It's running on a pilot light and I showed that to you when you were there. I shut down the other one and that is the one noise that goes all the time. You know, I do what I can to make it as quiet as I possibly can. I don't think you can hear it 200 feel. away outside the building. MR.. STEVE HELINSKI: What about 50 feet, where I live. MR.. JESSE REECE: Your house if further than 50 feet. • CHAIRMAN: That's why I asked the question about --. Are you going to insulate the building. Is there going to be some sort of noise prevention procedure. Now, let me just give you a little example, ok. We discussed the issue here on Robin's Island and Page 42 - TranscriptHearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • the noise that was emanating from the shoots that they have over there, ok. The people weighted that difference ok, one man, one owner as supposed to some of the things that occur that disturbs people, all right, and that's the gunning situation. Over here, ok, we have a situation. You possibly could create, if the board was so inclined to grant this application, and get three votes on this board. A building that virtually would make no noise at all. How could you create that? By keeping the doors closed and by insulating the building, ok. My question to you is? Is there an avenue or a way to do that, either through air conditioning or proper ventilating, that doesn't make alot of noise. MR. JESSE REECE: I don't think it would make any more noise than an air conditioner. CHAIRMAN: Is there some process that you could use that would keep this noise down to a specific minimum? MR. JESSE REECE: I suppose I could insulate the building more. I just think the way it will be faced --. Now it's facing directly out the door. CHAIRMAN: Right is MR. JESSE REECE: My plan is to have it facing not out the door, towards another wall. CHAIRMAN: A wall, right. MR. JESSE REECE: I just think it will be muted and I don't think anyone would hear it from their homes. CHAIRMAN: OK, that's the question. Just so you're aware I'm in no way of trying to compare this to any other operation. I'm just telling ,you the ways that we compare things. DEB WINSOR: In the spirit of comparison, I think that we have certainly have been presented with an incomplete application. If he has plans we'd like to see them. I like to see what constitutes soundproof. I'd like to see a decibel rating report. I'd like to see what constitutes fireproof, with respect to public safety. CHAIRMAN: Yes. DEB WINSOR.: If this is not a manufacturing operation. If it's in fact a kiln where he's melting glass in a residential neighborhood. We have every right to ask "How are you going to fireproof this wood frame structure. How are you going to sound proof it? What guarantees are we going to have about the • emissions.You would ask this of any small commercial operation and I wonder. I just have to ask, why are you asking this of him? CHAIRMAN: I just asked the question? Page 43 - Transcript 4THearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • DEB WINSOR.: I would like something a little more empirical then, I'll do what I can. CHAIRMAN: OK DEB WINSOR: I would like to see a code compliance set of architectural renderings with a proposal. MEMBER DINIZIO: Could I respond Jerry? CHAIRMAN: Sure MEMBER DINIZIO: I would assume that Mr. Reece is going to have to comply with every code that Southold Town has, concerning an occupation of a building. I'm going to have to consider that, that's going to happen. As far a noise is concerned, as far as manufacturing or whatever that is, that happens to be going on in that building. Our Building Inspector is going to make him comply to anything that anybody else would have to comply with, ok. That includes fire codes, that includes anything else that would have to be done. The floors, cement. Whatever has to be done. MS. JEN GOULD: There is no CO for the building now. So in order for him to get a CO, he must comply with every code of this • Town MEMBER. DINIZIO: Right. My comment on this whole situation. It pretty much runs parallel to Robin's Island in that it's a concept of what we're looking at here. We looking at a five acre piece of land. I am, my personal -- I am looking at a five acre piece of land and I'm saying, "What could go on, on that five acre piece of land". T live in Greenport. You may say that's a metropolitan area. in Southold Town, and I drove down to a piece of lot land today, ok. Basically drove into another world. It's a step back in time and those barns that --. One little corner there is unique to itself. There is no other place like that. I'd like to see that remain as that is. Even those building being so close to the road, it has a certain uniqueness to it. And I would like to see someone who would be able to afford upkeep. To keep that, to some kind of a standard ok. I know we'd have to paint the outside. You have to preserve the wood, but you know. That little niche right there--. Even with Mr. Berke's barn. I mean it's ugly, let's face it. But it's part of that whole character down there, that I feel we should be encouraging anybody who would like to purchase property down there. Five acres, pay the taxes. The amount of • taxes has got to be unbearable, but give them every opportunity to do so. In that spirit certainly, had this gentlemen built this house large enough--. But he can still build that house large enough to put: that studio in without exceeding the 50, 25 % rule, and no one 4 Page 44 - Transcript: #Hearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • would know the difference, and he would be able to do it. It's like making bird houses and selling to craft fairs. Anything else that--. This women wants to do a wood shop. You know, the Zoning Board could act as a valve for those things. Slow them down, lets take a look at them, and lets see how that concepts fits area, and I think it fits pretty well. I think yes, it's close to the road, but lets weight both the negative and the positive. You could build a huge house. You could have a horse farm. You could raise beagles. I don't know. He. could do a million things. But the guy wants to make--. What I think, just being in this room looking at that, I think it's art. I don't see anything else, and what Scott had said about the law. I can remember discussing at nauseam. What does a person that, who runs a. computer in their house, and does graphic art on computer, and prints it out on signs that you put on trucks. You know, is that an artist? We discussed that to some extent and we decided that we cannot put our finger on --. We can't say who an artist is. You can't say that. Even artists can't say who an artist is. So, I think we have to look at it in that respect. Not so much as being a manufacturing action type of business, because it certainly is in my mind, that's a concept that shouldn't even be relevant here. Perhaps we shouldn't even be considering it under the home occupation law. We should be looking at it in some other way. is Well, I can tell you. I stood on the man's front porch today. I couldn't hear myself think with the wind blowing. Those are things that sometimes you have to put up with. I think you have some positives, you have some negatives. I'm sure Berke's property has to give some noise. The things he has down there. Mr. Schriever, he has a nice little place down there with all these bulldozers and things that run. Things do change, but I'd like to see them change in a relative sort of way, with a beautiful five acre land that hasn't changed much, and perhaps a nice family that could make a. living, make a go of it, pay some taxes. That's all I have to say. thank you. CIIAIRMAN: OK. Ms. Tortora has one question. MEMBER TORTORA: There was one point that wasn't covered here. Someone had mentioned whether water was used. The emission might be toxic or leak into the ground water, and during our meeting on Saturday, one of the questions that I asked Mr. Reece was. Do you use water, but I would rather him explain that if he would, as part of the process. CIIAIRMAN: To what extent do you use water? MR. JESSE REECE: I use some water to cool the glass ( ) that work it, wet newspaper. In the finishing process, we use some • water if the glass gets too hot. But nothing, you know, wood salable that: we use. tPage 45 - Transcript wearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals • CHAIRMAN: OK, great. This is what I propose to the board. I propose to close the hearing tonight for verbatim. I'll ask Ms. Gould to go to the Inspector, and see what requirements are going to be required of Mr. Reece in the overall retrofitting, I use this word, of this barn for the purposes of his operation. He will then report this back to this lady. I forgot your name again. DEB WINSOR: Deb Winsor. CHAIRMAN: Yes, and she will again I assume, circulated it amongst the people that have a specific concern. They then can write letters back to us, concerning what you have gotten, all right and we will close the hearing. There is no more verbatim, no more testimony as Of tonight, ok. We will close the hearing at the next regular scheduled hearing. SECRETARY LINDA KOWALSKI: So everything has to be received before April 30. MEMBER. TORTOR.A: Jerry, why don't you ( ) CHAIRMAN: Right, because there is a time period and we only have three weeks, ok. So therefore, I'd like her to circulate it to this lady, and let her circulate if she so chooses. We will have it • at the same time. That will speed up some of the slowness and the whole thing, and that's basically it. Yes Mr. Harris. MR.. SCOTT HARRIS: Mr. Goehringer, if I may sum very briefly. In reference to the building itself, the Hollock Farm. Those neighbors who have buildings, who have bought those properties. They should be commended for buying those properties. Many of them happen to be five acre properties that later, were divided up. Many that I've seen in my lifetime, living in Orient, the demise of many, many, many, Historic buildings on Hollock property. For a gentlemen like Mr. Reece or this gentlemen here who said. He'd like to make some lamps and other who have those barns. Mr. Rieger, who happened to use some of those barns for art work. It's wonderful that people have decided to try to preserve those Historic buildings, rather than just tear them down and say, "it costs me more to fix these up and bring them back into condition". It's much easier to just raise, rather then start brand new. CHAIRMAN: Thank you. Hearing no further questions, I thank everybody's courtesy. I understand it's an issue that concerns everybody, and I offer that as a Resolution Ladies and Gentlemen to verbatim testimony. We will leave the record until the regular scheduled meeting which I think is May 1. SECRETARY LINDA KOWALSKI: Only the written record. • CHAIRMAN: Only the written record remain open till April 30. SECRETARY LINDA KOWALSKI: April 30. r� Li • • Page 46 - Transcript Hearings • Regular Meeting - April 3, 1996 Southold Town Board of Appeals CHAIRMAN: You may send any concerns that you have. We will continue the reviews of each one of these letters, that we receive tonight, and any other letters that we receive until April 30, ok. MEMBER DINIZIO: Will the time clock just continue to run. CHAIRMAN: No SECRETARY LINDA KOWALSKI: No CHAIRMAN: Time clock is frozen as of tonight. MEMBER DINIZIO: I have a little bit of a problem, carrying on this conversation and how long this is going to take. The gentlemen is in contract for this house. Just the fact that this women wants to see what standards he's going to be held to. When she can go down to the Building Department and request that at any time. CHAIRMAN: She's not a contract vendee. MEMBER DINIZIO: No, but the codes are the codes, and they are public. CHAIRMAN: Yes, but it's generic to his particular piece of property, based upon what he's requiring to get. MEMBER DINIZIO: No it's not. SECRETARY LINDA KOWALSKI: There is also a misunderstanding. It's really not up to the Building Inspector to decide what's required. It's up to the owner to contact someone who is an expert in that field, so that they could check the codes, and advise the Town, what they are going to be building to meet the code. It has to be certified. CHAIRMAN: If he's so chooses to do that, that's not a problem. I don't care. That's why I gave him 30 days. MEMBER DINIZIO: But in any case if it doesn't go any further than the Building Inspector. If the Building Inspector doesn't approve it, it doesn't go any further. So --. SECRETARY LINDA KOWALSIiI: That's right. DEB WINSOR: But Mr. Dinizio, you yourself were so impressed by the Robin's Island drawings. Those are the things that I obtained for you. MEMBER DINIZI0: No, no they were not. You have no idea what was there. tPage 47 - Transcript Hearings is „ Regular Meeting - April 3, 1996 Southold Town Board of Appeals • r SECRETARY LINDA KOWALSKI: No, you don't know. You weren't involved with the whole process. I don't even remember you. CHAIRMAN: Well, she works there. SECRETARY LINDA KOWALSKI: Yes, but she wasn't involved with the process. DEB WINSOR: That presentation was, what made it clear to all of us in our mind. That there was a reasonable intent. CHAIRMAN: What made it clear to us is, that Mr. Bacon was a person that would go in and construct a facility the way he wants to construct it, as a family compound. We had never seen that before. DEB WINSOR: Inaudible CHAIRMAN: You're absolutely correct. The icing on the cake was drawings, and he's going to be held to those drawings because we're going to look at every one of those buildings upon completion. SECRETARY LINDA KOWALSKI: He offered those. It was not required. MEMBER DINIZIO: By the way, I opposed that. If you must know. I oppose the inspection of Robin's Island every year, but I would not vote against it. MEMBER TORTORA: This is irreverent. SECRETARY LINDA KOWALSKI: It is irreverent. It has no comparison, Jerry. CHAIRMAN: I disagree with you because --. MEMBER TOR.TORA: I second the motion. I'd like to just bring it to a vote. CHAIRMAN: OK, I just want to say. I don't care if you go to the Building Inspector or to a noted authority, ok. On the reconstruction or the retrofitting of barns for your particular operation. Whatever you get, is what you're going to tell us that you' re going to do with this barn. You will circulate it over to this lady over here because she has a concern, and you will circulate it to us, of which we'll make it part of the record. If we don't receive it by April 30, we'll going to make a decision anyway, all right. We thank you very much. All in favor. • 10:15 p.m. Appl. No. 4371 - JOSEPH KANE. This is an application for a variance due to insufficient total side yards based upon the Building Inspector's March 12, 1996 Notice of Disapproval issued under Article XX1V, Section 100-244 in an application for a b • � Page 48 -Transcript I Hearings a Regular Meeting - April 3, 1996 Southold Town Board of Appeals • building permit to construct a single-family dwelling. Property Location: 3100 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-1-8. By Patricia Moore, Esq. CHAIRMAN: I have a copy of a surveyindicating a proposed dwelling five feet from the lip of the bluff, 18 feet from one side yard and 10 feet from the other. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. We're ready. 0 • • • 4��gUFfO(�-Co APPEALS BOARD MEMBERS a N 2 Gerard P. Goehringer, Chairman O Serge Doyen, Jr. y James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD May 6, 1996 J. Kevin McLaughlin, Esq. Windsway Professional Center 44020C Middle Road Southold, NY 11971 Re: Appl. No. 4369 - Reece Request for Variance Dear Mr. McLaughlin: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold; New York 11971 Fax (516) 765-1823 Telephone (516)765-1809 This will confirm that there has been no change in the Board's April 3, 1996 resolution which confirmed the record "sealed" with an effective date of May 1, 1996, (allowing submissions through April 30, 1996) . The time limitation for deliberations has already been reduced by 27 days (with further written input between April 3rd through April 30th). The Board chose not to extend the written time period further in order that they could commence deliberations on the record before them. Very truly yours, Linda Kowalski �^ /may • JENNIFER B. GOULD Uf Attorney at Law 828 FRONT STREET P.O. BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE 516-477-8607 fax 516-477-0130 Hand Delivered Ms. Linda Kowalski Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Variance Application of Jesse and Shelley Reece Dear Linda: D 0 v17 I A ra i April 30, 1996 Enclosed please find my letter to Mr. Goehringer and the Board regarding the case summaries submitted by Brian Hagiwara'a attorney friend, the original report by Cronin and Condon, Consulting Engineers prepared at my request, and a copy of Paul Schulze's biography from Masterpieces of American Glass (He wrote a letter in support of this application.). Should you or the Board have any further questions, please do not hesitate to contact me. Very truly yours, Jennifer B. Gould enclosure • JENNIFER B. GOULD • Attorney at Law 828 FRONT STREET P.O. BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE 516-477-8607 fax 516-477-0130 April 30, 1996 Mr. Gerald Goehringer Chairman Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Variance Application of Jesse and Shelley Reece Dear Mr. Goehringer: I have read four of the five cases cited by "attorney x", the otherwise unnamed friend of Mr. Hagiwara. His summaries of the cases are such misstatements, both of fact and judicial conclusion, that it is difficult to believe that his memorandum does not constitute a deliberate attempt to bamboozle the Zoning Board of Appeals. Libbey-Owens-Ford Co. v. Insurance Co. of North America, 9173d 422, 424 (6th Cir. 1993) is a case about insurance. The issue was whether INA was obligated to pay a claim for business interruption and the cost of rebuilding a glass furnace, shut down due to ordinary wear and tear. (The court held that there was no coverage). Like the Libbey-Owens-Ford case, Hess v. Bland, 347 F.2d 835, 52 C.C.P.A. 1641, 146 U.S.P.Q. (BNA) 378 (United States Court of Customs and Patent Appeals 1965) is totally irrelevant to the Reece's application. In Hess, the facts involved a patent interference proceeding between two inventors claiming priority of their respective inventions for a process of making glass beads or spheres which are used in reflecting tape and paint for use on roadways. Hess, 347 F.2d at 835. Owens-Illinois Inc. v. Emhart Corp., 208 U.S.P.Q. (BNA) 27 (D. Conn. 1979) is another case about patents. I could not read it, because the United States Patent Quarterly is unavailable from the Supreme Court Library in Riverhead. However, "attorney x" most likely found this case in a computer search using the word "glass". 0 0 Narbonne v. Town of Rye, 130 N.H. 70 (Supreme Court of New Hampshire 1987), 534 A.2d 388 and People v. Daly, 28 N.Y.S2d 603 (Court of Special Sessions of New Castle, Westchester County 1941), are applicable to the instant application. Contrary to "attorney x's" synopsis. the Narbonne court did not address the issue of whether a stainedlg ass operation is a customary home occupation. Rather, it held that the stained glass business was the principal rather than an accessory use of residential premises in violation of the local zoning law. Narbonne, 535 A.2d at 389. Here is the pertinent excerpt from the court's decision: Although the parties have offered numerous arguments concerning the question whether the stained glass operation is one that is customarily related to the residence, we find it unnecessary to address this issue because the plaintiffs' business activity exceeds the level of activity that might reasonably be considered to result from a subordinate use of the premises. The plaintiffs suggest that the activity being evaluated consists solely of the creation of stained glass objects, describing it as a glassworks studio or a basement hobby. While so limited an activity might be in compliance with the subordinate use requirement, the evidence portrays a substantial commercial enterprise. The plaintiff's advertise the "Glassworks" in the Yellow Pages, and use signs on a major highway and in front of their home. The general public is invited into their home to purchase manufactured goods and supplies, or to participate in stained glass classes. The master concluded correctly that the Glassworks enterprise has become the principal rather than the accessory use of the home. The plaintiffs next contend that they are artists and that their studio, "Glassworks", is permissible under the ordinance as the office of a recognized profession. Again, they seem to discount and overlook the other facts of the business which distinguish it from a studio: the public advertising, the manufacture and sale of stained glass windows and supplies, and the offering of classes. The combination of these activities makes up a commercial enterprise which, if intended to be allowed in the residential district, should be specifically provided for in the ordinance (citations omitted). Narbonne, 534 A.2d at 389-390. "Attorney x" misstates the holding in People v. Daly, 28 N.Y.S.2d 603 (1941), because in this case, the court did not prohibit the coloring of neon signs in a home. Quite to the contrary, the Daly court said the following: Defendant may design and paint signs in an office within his home and he may transport 0 0 the signs to and from his home by trucks. He may not keep his trucks on the premises. None of his activities may be conducted on the grounds of the dwelling or anywhere within the dwelling except the office set aside for that purpose. Although the trucks are necessary they cannot be kept in an office within the dwelling and must, therefore, be garaged away from the premises. Some of defendant's activities violated the ordinance. Daly, 28 N.Y.S.2d at 605. Moreover, the defendant in Daly also advertised his business by a sign on the lawn of his residence and had filed a certificate to do business under a company name." Id. at 604. Enclosed is a selection from Anderson's, N.Y. Zoning Law and Practice, 3rd Edition, Lawyer's Cooperative Publishing, 1984 (Vol. 1), referring to the Daly case, frequently cited for the proposition that "the aesthetic quality of the product is not material." Daly 28 N.Y.S.2d at 605. The facts of the Reece's application are readily distinguishable from those presented in the Daly and Narbonne cases. Mr. Reece will not advertise his artwork with signs on his front yard, nor will he advertise in the yellow pages. His studio is not a showroom or a retail outlet. He doesn't sell glass supplies, offer studio classes, or house delivery trucks in his driveway. His studio will be incidental to the residential use of the premises. None of evidence presented to the Zoning Board of Appeals even remotely suggests that a glass studio will alter the residential character of this Orient neighborhood, or diminish the quality of life for its residents. Mr. Reece's studio will not subject his neighbors to increased traffic, parking problems, large truck deliveries, or pollution. The purported noise from the furnace is greatly exaggerated and will not interfere with a reasonable person's enjoyment of the area. Yes, the proposed location of the studio is in an historic wooden shed. But if the variance is granted, this shed will be renovated restored in accordance with Southold Town Code requirements and New York State's Fire Prevention and Building Code. Please refer to the report of Cronin and Condon, Consulting Engineers submitted with this application. With all due respect to the opponents of the Reece's requested variance, the basic issue seems to be this: May a small band of misinformed householders use the Town Code as a bludgeon to beat down aU change in their area? We are not trying to label Mr. Reece's opponents "anti -artist," as has been charged; rather, we contend that the activities of artists in his neighborhood have established ample precedent for Mr. Reece's artistic endeavors. And, as Scott Harris, former Southold Town Supervisor, pointed out at the April 3rd hearing, the Town Board's 1991 intention in amending the home occupation law was never to k, place limits on artistic activities, in the home or in outbuildings. Mr. Reece's art studio will be a positive benefit to Orient and Southold Town. Two years from now, we won't be able to remember what the fuss was about. enclosure 2 Very truly yours, Jennifer B. Gould is e, Id HOME OCCUPATIONS § 12.15 hood use, and zoning ordinances usually do not include it among the approved home uses. In fact, a provision specifically exclud- ing such use is sometimes included. Where the use is not outlawed by the regulations, it may be permitted by general language which follows an enumeration of permitted home uses. In Delpriore v Ball,' the ordinance in issue provided that the following uses were permitted in Class A residential districts: Residence containing professional office or studio or (sic) resi- dent doctor, dentist, artist, musician or other person engaged in comparable professional service. The Appellate Division, Fourth Department, held that this language included the giving of dancing lessons to groups of young children, not in excess of 10 pupils, in the home of the instructor in a Class A residential district. Solicitation of pupils through advertising was said not to change the permitted use to one not permitted in the area.' In an earlier case, the Supreme Court held that a dancing school conducted in the basement of a multiple dwelling was not in violation of the zoning regulations because "children's dancing lessons may be said to come within the scope of both recreation and education."' It seems doubtful that the court intended to classify the use as educational and limit the municipality's power to exclude it. The case simply found no harm in the use in the place where it was conducted, and discovered authority for it in the general sections relating to recreational and school uses., VRl'ilSr4W' ! 8,.4 An artist's studio may be established in the home of the artist in a residential district under many zoning ordinances.7 What constitutes an artist's studio has presented problems. Thus, a neon sign maker established an office in his home in a residen- tial district. His occupation consisted in coloring, transporting,; and installing signs. .A court held that he was an artist entitled to design and paint signs in, his home, and to transport them 3. 281 AD 214, 118 NYS2d 53 5. Flagg v Murdock, 172 Mise 1048, (1953), affd 306 NY 775, 118 NE2d 15 NYS2d 635 (1939). 478. 6. Annotation: Zoning regulations 4. Delpriore v Ball, 281 AD 214, 118 as applied to dancing schools. 85 NY82d 53 (1953), affd 306 NY 775, ALR2d 1150. L18 NE2d 478. 7. Zoning Ordinance, Village of Cato § 404 (1982). 605 12.15 NEW YORK ZONING from his home in trucks. In response to arguments based on the character of the artistic work done by the sign maker, the court said that "the aesthetic quality of theproductis not material."e The right to maintain a studio does not include the right to conduct classes in a residential area. In Schweizer chweierin Board of Zoning Appeals,I the court held that a provision ng ordinance authorizing a professional artist to maintain a studio in his home in a residential neighborhood did not authorize the holding of ceramic classes in such a location. A fine arts studio is a home occupation under the Zoning Resolution of the City of New York, but the offices or workshop of an interior decorator are specifically excluded.10 D. MISCELLANEOUS USES § 12.16. Barber shops; beauty salons. Before comprehensive zoning it was not unusual for a barber- shop or a beauty salon to be located in the home of the propri- etor in a residential district. Since home occupations usually are defined in terms of those "customarily conducted within a dwell- ing by the residents thereof," these occupations might qualify. This result is regarded by the draftsmen of many zoning hadi- ve nances as not in the public interest. Accordingly, specifically excluded barbershops" and beauty parlors." of these While the courts have not been quick to find app uses in the term home occupations, or to approve permits granted for such uses in residential districts," if exclusion of 8. People v Daly, 28 NYS2d 603 (1951, Sp Sess). 9. 8 Misc 2d 878, 167 NYS2d 764 (1957). 10. Zoning of York § 12-10 (1961, l as amended). Ne 11. Zoning Ordinance, City of Utica Art I § 1(24) (1952). 12, Zoning Resolution, City of New York § 12-10 (1961, as amended). Hairdressing is not a "customary home occupation" within the meaning ordinanceof a zoning which permits such occupations residential dis- 606 tricts. People v Nicosia, 42 Misc 2d 300, 248 NYS2d 24 (1963). In general, the terms "beauty shop", "beauty parlor", and "beauty salon" are interchangeable. Berzon v Jones, 33 AD2d 989, 307 NYS2d 404 (1970, 4th Dept). 13. Where a board of appeals granted a conditional permit to oper- ate a beauty shop in a residential district, the court annulled the action for lack Of character g of Proof essential he neighborhood dwould not be altered by such use. Brundage v Borchard, 34 Misc 2d 209, 228 NYS2d 663 (1962). 0 Fr L LICENSED PROFESSIONAL ENGINEERS NEW YORK NEW JERSEY CRONIN AND CONDON, CONSULTING ENGINEERS 5050 Pequash Avenue (516) 734-7250 Cutchogue, New York 11935 FAX (516) 7347014 April 29, 1996 Mr. Jesse Reece 650 Rocky Point Road East Marion, New York 11939 Re.: Glass Blowing Studio Dear Mr. Reece: At the request of your attorney, Ms. Jennifer Gould, the firm of Cronin and Condon, Consulting Engineers, LLP conducted an examination of your glass blowing facility on Rocky Point Road on April 22, 1996. We also examined the proposed relocation site at the southern end of Platt Road in Orient. Total time at both sites was 1.5 hours. The firm of Cronin and Condon, Consulting Engineers, LLP is a New York State partnership engaged in the practice of professional engineering. Our practice, and its predecessor firm, has provided professional engineering services since 1981. All firm principals are New York State licensed professional engineers. We were requested to specifically consider noise levels, energy supplies to the equipment (i.e., liquefied petroleum gas or LPG, and electrical power), and fire protection of the structure. OBSERVATIONS The present facility has a concrete masonry unit wall structure, with a concrete slab floor. It includes a gabled roof, however, framing is obscured by what appears to be an insulation material installed at ceiling level. The building contains various pieces of equipment involved with the creation of blown glass objects. Equipment, in particular, includes: • Four electrically operated furnaces, appearing similar to kilns. • Three LPG fired furnaces. These routinely function to heat and melt glass. REECE REPORT 1 9 0 Two "glory holes." These apparently are used to maintain glass at a workable temperature while it is being shaped, blown, and/or otherwise manipulated. Centrifugal blowers used to provide a supply of air to the furnaces. At the time of our observations two LPG furnaces were in operation, one maintaining glass in a molten state and the other providing glass heating for the operation in which you were engaged during our visit. A glory hole was also on line. In concert with this equipment, the blower supplying them was cycled in and out of service as needed. As reported by you, the situation I observed was the "typical' operating mode on a day to day basis. It was noted that the furnace used to maintain glass in a molten state generally operates 24 hours a day. There is a 500 gallon, above ground tank, located approximately 40 feet behind the facility for the storage of LPG fuel for the furnaces. FINDINGS Outdoor air temperature during the visit was 61 F, with a light breeze out of the southwest. Skies were clear. Ambient temperature in the center of the studio was 75 F. Spot checks of temperatures immediately above the furnaces found values in the range of 100 F. Noise Levels Noise levels on the A -weighted decibel scale were as follows: 54 to 58 dB approximately 60 feet west of the facility (Rocky Point Road). Less than 50 dB approximately 60 feet north of the facility. 54 to 58 dB approximately 60 feet east of the facility. 50 to 54 dB approximately 30 feet south of the facility (property line). Application of occasional light breeze against the sound level meter produced readings in excess of those involving the facility. These readings were made with the facility doors open, and with the blower in service. Corresponding readings inside the studio at the work station in front of the operating furnace and glory hole were in the range of 80 to 82 dB. "Idle" sound levels measured in the range of 61 to 63 dB inside the studio. 'Idle" is defined as the 24 hours per day minimum noise level to be expected from the continuously operating furnace used to melt glass. REECE REPORT 2 Ambient noise levels measured immediately adjacent to the Platt Road facility were in the range of 50 to 54 dB(A) at the barn's front door. A reading taken at the closest part of the north neighboring house to the barn found values in the same range. Energy Supply Electrical feeds to the equipment, along with various electrical circuits for control, evidence conditions such as: Open junction boxes. Exposed wiring. Improperly operating loss of blower furnace shutdown device (as reported by you). Furnaces appear to be equipped with flame failure shutdown devices for the LPG system. LPG associated systems evidenced: • "Garden hose" gas feeds held in place with twisted wire. • Non -gas rated valves in place, some leaking LPG from their packing glands. • Jury rigged gas pressure water manometer. • Unprotected and corroded gas line behind the building. Fire Protection Assuming the energy supply issues were addressed, it does not appear that the operation in the present facility constitutes an "unusual" structural threat. The Platt Road facility is an exposed wood framed barn with a bare earth floor. Assuming the future use was classified, it would be possible to reference further information on fire protection for the facility under applicable codes. CONCLUSIONS Noise levels at the present facility are unremarkable. With the exception of the work station inside the studio, sound levels are in the range classified as average residential levels -- similar to that sound level associated with soft background music. To better quantify it, sound levels of 40 dB(A) are like those inside a quiet private office. Sound levels of 70 dB(A) occur in typical face to face conversation. REECE REPORT 3 It appears only the artisan will be subjected to levels in the range of 80 dB(A). Such levels correspond to the sound inside a car travelling at high speed. A- weighted decibels is a standard single number rating representing overall sound energy of a given source. The A -weighting network in a sound level meter is designed to filter sound in a manner similar to the human ear. Energy supply issues require improvement. However, the conditions found in the studio, while not ideal, can be found in many private homes and small businesses. These conditions stem from ineffectively regulated installation procedures, including absence of, or improper, permitting; and benign neglect of appropriate maintenance. Methodologies and codes already exist to prevent such conditions; they need only be followed to create correct energy supply conditions and operation. Fire protection of the new structure, even if suggested by applicable code references, will need to consider Ct, or the temperature factor for wood structural design. The strength of a structural member is affected by the temperature of the wood in service. Tabulated stresses must be reduced in wood by the temperature factor if higher than normal temperatures are encountered in a design situation. Although tabulated design values for wood apply to wood in the ordinary temperature range and occasionally heated up to 150 F, prolonged exposure at elevated temperatures will result in a permanent loss of strength. The first temperature range that requires reduction in wood structural engineering design values occurs for temperatures over 100 F and under 125 F. It appears your studio may be capable of achieving such temperatures on a more or less permanent basis. Thus good engineering design practice suggests that measures be taken to avoid weakening the building due to prolonged, elevated temperatures. Measures as simple as the installation of standard gypsum board (i.e., "sheetrock") can be expected to contribute to keeping temperature escalation in the wood framing to a minimum. Appropriate ventilation of the space would also aid in reducing temperature rise. RECOMMENDATIONS On the basis of our observations of April 22, 1996, it does not appear sound levels will be problematic as judged by the A -weighted scale. "Sound proofing" does not appear justified. We cannot, however, predict individual reactions to particular sound qualities, albeit at levels not considered "noisy." Thus the sound of chalk squeaking on a black board may not be excessively loud, but it can be annoying. Judging such annoying sounds is not possible from an engineering perspective. REECE REPORT 4 Whether you relocate your studio or not, the present energy supply systems in the facility need improvement largely for your personal safety and that of persons inside the facility. At present, there are sufficient codes available to permit achieving a level of compliance that will be adequate for the purposes of safety. Typical sources for energy supply information for such installations can be obtained from the manufacturer's of the installed equipment, from the National Fire Protection Association, and from the National Electric Code. Compliance with existing regulations is all that is required. We recommend that when you plan the studio's relocation, a New York State licensed engineer or architect evaluates the framing both in terms of its present state, and what specific steps will be needed to preserve it without temperature related damage. It should be noted that, because it is an older structure, a number of other wood structural engineering factors should be considered, entirely independent of your particular application. Wet service, load duration, shear stress, and size factors all will contribute to affecting the allowable stresses in the framing material due to its age and exposure. Temperature, and your proposed glass blowing studio, only add additional engineering points to consider in structurally evaluating the building and planning for its new use; they do not create entirely new issues. This completes our report. No copy of this report shall be considered valid unless it bears the embossed or original inked seal of the undersigned professional engineer. Res tfully,�ub fitted, J n C :* P. x r REECE.DOC REECE REPORT 5 \� A,�\�13D Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Southold Town Southold Town Hall Main Road Southold, NY 11971 Dear Mr. Goehringer, 0 `� 10 April 30, 1996 �PPI J- I am writing in regards to the variance application before your board submitted by Mr. Jessie Reece. Having expressed my conderns before the Board at the public hearing earlier this month, I write to reiterate my concerns that his application is inappropriate and misleading . In the past year the Zoning Board has been dealt with several proposals that have established the need for more objective standards by which to determine the intent and future use of private properties. My seeking equipment specifications and more detailed plans would have served to clarify intended use for the property and define the heretofore subjective definition of "manufacturing". Although the application as filed did include a schematic plan (basically a flow chart of the glass manufacturing process), it did not include any specifications that would help us to objectively judge the size and scale of the future operation. Without specifications the public has no means by which to judge subjective qualities such as noise. Without detailed plans we have no means of knowing the operating scale of his business, for example, " How many future ovens in the newer larger space? How many circulating fans and blowers, what is the intake draft and where is the outlet? How much gas is used, how much is on site in what location?" Certainly the Building Department will ensure a safe site, but answering these technical details would probably have defined for us that the intended use for the site is in fact Manufacturing in scope. As you had specifically requested that this information be submitted for the public record, I reiterate my concerns that the application is incomplete. With respect to the nature of the variance application under the provisions of the Home Occupation Law, the members of the Board are certainly more qualified than I to cite that this application violates all nine provisions (a -h) of 100-33 defining the parameters of Home Occupation. More importantly, the Home Occupation guidelines apply to small businesses operating from the owner's primary residence. To consider Mr. Reece's application for an accessory building under the provisions of Home Occupation is an insult to the many hardworking Southold residents who have run their businesses within the scope of the law. Quite frankly it is my opinion that Mr. Reece's variance application is an outrageous effort on the part of an individual to abuse the cloak of Artisan as a means to circumvent the Zoning Law. I'm sure that every Board member read Mr. Reece's comments in the Suffolk Times, that he felt that the neighbors' concerns were "ridiculous" and that "... people are afraid of what they don't know..." Exactly my point, why don't we know? We don't know largley because his application is vague, and the future use of the facility for manufacturing is unregulated. Unfortunately the days are gone by when a gentleman's agreement to be a considerate citizen was in the common good. I have been impressed by the professionalism of the Board in recognizing that Southold Town can and should ask applicants to be forthright with their intentions as homeowners in this unique and special corner of the world. Respectfully submitted, l� V Deborah Winsor 0(1-C 0 w n95� 4�v �pt� SFr (� q-(4o'ya� > FA -14, 157- f'-7 -�It (f' - C7 4 Ir�� 3° �' Ronnie Vmkcker D H 0 2455 Nassau Point Road L! Cutchogue, NY 11935 516-734-6883 34 Gerald P. Goehringer Chairman, Bd. of Appeals Southold, N.Y, Dear Mr. Goehringer: Now really! Is anyone seriously going to tell me ,that someone who fashions small a glass pieces for art shows and crafts fairs is a menace to his neighbors? Because some otherwise sensible folks in town have objected to Jesse Reece's glass blowing in Orient I called his studio where I talked to his one employe, Steve Helinski, who helps Jesse part time. Steve was a Boy Scout with two of my sons so I was sure he would give me the straight skinny on the matter. - "How dangerous is this, anyway?" I asked Steve. "It's ridiculous to talk of -'danger' in this work', said Steve, "For one! thing, Jesse is moving his family, here, Two little kids, five and three. They're in and out of here all the time. He'd have to be crazy, to bring his wife and children here if there were any danger." As for smoke emissions, he said, houses with wood -burning fireplaces pose a greater threat of pollution. They send heat out whereas the Reece's furnace is designed to -keep heat in. An environmental engineer who had been called to assess the emissions, Steve said, had reported there wasn't enough smoke to measure. "But how do we know he isn't planning to set up a factory to market these things?,,, I asked: "Then he wouldn't be able to sell to the crafts fairs. They don'taccept any factory - made items. actorymadeiitems. He sells to crafts shows and places like the Chicago Museum, Nieman -Marcus and art studios in New York. As for noise, neighbors at the Rocky Point home where he's lived the last four years, say if they didn't see cars at the house they wouldn't know anyone was there. So, honestly, I don't think we need worry. It might have been a'.good idea if the home occupancy law had differentiated between factories and artists' studios. I trust the ZBA will grant the Reeces the variance they are seeking. Sincerely yours, Copy to: The Suffolk Times �� / -'7 'r, t4a tG p� "a. -4 ,qIA4A,, i April 221996 Mr. Gerald P.Goehringer, Chairman Zoning Board of Appeals P.O.Box 1179, 53095 Main Road Southold NY 11971 Re: Application for Variance, 800 Halyoke Ave Orient NY Dear Mister Goehringer; Although we have not received notice regarding a petition by Jesse and Shelley Reece requesting a variance that will permit them to use an existing structure as an artist studio for the creation of art -works in glass, we are very much in support of same. We are direct neighbors and would welcome another fellow artist in our neighborhood. Their presence will enrich the community and should be supported. It is our believe that creative artists are an asset to any town, and special accommodations should be granted in order to promote the diversity and cultural atmosphere. Furthermore it would be in the spirit of the historic Hallock Farm. We are certain that Mr Reece is willing and able to comply with safety requirements and legal restrictions that would apply. In this small hamlet of Orient there has always been a tolerance of individual differences, respect for privacy and creative people and we hope the Board will support all artists and make life easier. Rspec submitted 1�-�v J Yan & Francoise Rieger April 26, 1996 Southold Town Zoning Southold Town Hall 59095 Main Road, PO Southold, NY 11971 Mr. & Mrs. John Zloklikovits 23 Sunhill Road Katonah, NY 10536 Board of Appeals Box #1179 Dear Members of the Board: Pursuant to the Town Board meeting of April 3, 1996, there has been no transmission to us of any updates on Plans and Specifications as to how the existing structure will be upgraded to accommodate Mr. Reese's studio/factory equipment. I firmly believe the application should not be approved until Plans and Specifications are submitted to the Town for review. Would a Certificate of Occupancy be issued for a specific use prior to a renovation of a building?, I think not. Additionally, after listening to some of the speakers in favor of Mr. Reese's application, I came away with the feeling that artists, in general, are above the zoning ordinance and have licence to create their art in any manner and in any place they choose even if it is insensitive to others. Moreover, there are some forms of art that are commercial in manner, such as Mr. Reeses, should not be done in a residential area. Despite what was said, the quantity of Thirty (30) to Forty (40) pieces on a weekly basis compared to, lets say One (1) to Two (2) paintings a week smacks of commercialism. What do these art objects sell for, Two Hundred dollars ($200) to Four Hundred dollars ($400) a piece? Lets stay on the lower end, Two Hundred ($200), that would amount to Six Thousand dollars ($6,000) to Eight Thousand dollars ($8,000) a week. Hardly classifies as the "Starving Artist" as was mentioned, does it? Ladies and Gentlemen of the Board, I implore you not to allow a double standard to exist here. Lets see a proposal from a design professional and if everything is in fact as proposed, approve the application at that time. April 20,1996 8 E V P A R KE R 6 1 O P LATT ROAD' OAO. 0OX 2O $ 90 ORIENT NEW YO R K 1 1 9 5 7 3 2 3 3 7 2 3 SOUTHOLDTOWN ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: Application of Jesse and Shelley Reece Dear Members of the Board: I own a home on Platt Road, in close proximity to the location for which the Reeces seek a variance to operate a glass manufacturing concern. I would like to go on record in opposition to granting this variance. I attended the Southold town meeting on April 3rd so that I could better understand the issues at hand. Frankly, I was flabbergasted at the amount of time given over to clarifying the definition of an artist. Artist or not, Mr. Reece must still manufacture his creations. To do so he must install 2500 degree glass melting furnaces. This clearly goes way beyond what was intended in the zoning for the Home Professional Office! I bought my home in Orient because I was reassured by the tight zoning which was in place. Currently the quiet and unpolluted area in which I live is home to much wild life. It is beautiful and is a source of inspiration to me as an Artist. I did not buy a home in Orient to live in a semi -industrial area! Giving a variance to one man for his personal aain, at the expense of the environment and the many who would enjoy it, seems an irresponsible thing to do, therefore I urge you to deny this application. Very Truly Yours, Bev Parker APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman - Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora i 0 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 April 3, 1996 S,E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4x69 Project/Applicants: Scharrenbroich, Owner/Reece, CV County Tax Map No. 1000- P7_2_2.9 Location of Project: 800 Halyoake Ave., Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Conversion of an accessory building to an artist studio for the creation of glass works of art This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short)- Farm has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. 6 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER O�®SOFfO(,�C®G OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4369 DATE: MARCH 8, 1996 Transmitted is an application for a variance submitted by together with Notice to Adjacent Property Owners; Notice the Building Department; Short Environmental Assessment of Appeals questionnaire; and other relevant documents. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 JESSEE A. REECE of Disapproval from Form; Zoning Board Judith T. Terry Southold Town Clerk 0 JENNIFER B. GOULD ATTORNEY AT LAW PO BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE NUMBER: (516) 477-8607 FAX: (516) 477-0130 March 6, 1996 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 RE: JESSE AND SHELLEY REECE 800 HALYOAKE AVENUE, ORIENT, NEW YORK SCTM 1000 - 027 - 02 - 002.009 Gentlemen: Enclosed herewith please find: 1. Copy of Notice of Disapproval issued by the Southold Town Building Department; 2. Application for Appeal from Decision of Building Inspector; 3. Notice to Adjacent Property Owners, together with Affidavit of Service and Proof of Mailing; 4. Short Environmental Assessment Form; 5. Questionnaire; 6. Original plus six (6) copies of survey last dated August 30, 1990 prepared by Roderick Van Tuyl, P.C.; and 7. Check in the sum of $600.00 representing filing fee. If you have any questions, please do not hesitate to contact me. JBG/lmt enclosure Very truly yours, 5jennWifeB. Gould. 828 Front Street, Greenport, New York 11944 VV� BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS 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 be- fore the SOUTHOLD TO BOARD OF APPEALS, at the Southold .Town Hall, 530951 Main Road, Southold,. NewlI York 11971; on WEDNES- DAY, APR1L3,1996 coin- { mencmg at the times specified below. 7.32 p.m. Appl. #4368 (A & B)- SUSAN UTZ. The appli- cant is requesting a Waiveli under Section 100-26 of the Zoning Ordinance,basedupon. the Building Inspectors March- 14, 1996Notice of Disap- proval, in which applicant was denied a, buildin&permit _to construct a one-famiIX ¢,tye4,; Ping o faicm��sud based;upotr inform anonrecev 'by theas- sessorsoffice sincc issuance o January24;1996No'cc Dis approval (rear yard setback).' Under Article II, Section 100 25A enacted I/l/96, the subject 1. lot has been held in common.; ownership with an adjacent i from 6/17/95 until recently, Town records show the subject parcel was single and separate prior to 6/17/95'when dee transfer was recorded in the Suffolk Couni3Clerk's Office_ in a probate. matter. The sub- ject lot is shown to be in com- mon ownership with an adjoin- ing substandard lot (100-18-1- 9) improved with a single-fam- ily dwelling. The subject par- cel is identified as County Tax Map Parcel No. 1000-18-1=12, and has been assessed as 3, separate parcel known as 295 Youngs Road, Orient for more than 32 years. 7:35 p.m..Appl. No. 4370 HUGH MURPHY. This is an application for a variance based upon the Building. Inspector's March 8, 1996 Notice of Dis- approval isapproval issued under Article XXIV,.Section..100-244. i which applicant applied for a building permit to construct • an aaainou w an existing dwelling with an insufficient front yard setback, at premises known as 3105 Oaklawn Av- enue, Southold, NY; County Tax Map Parcel No. 1000-70- 6-8. A 35 ft. front yard setbac or the average establish within 300 feet on the same block, is required on a parcel containing 12,500+ -sq. ft - 7:40 p.m. Appl. No; 4368 - GEORGE JOHNSTON.This is ah application for a variance based upon a disapproval is- sued by the Building inspector, dated 2/15/96 in which appliy cant requested a building per- mit to construct accessory ga- rage building with an ELM,- cient front yard setback and j with lot coverage over the 20% limitation (for all building con- struction), Article III,, Section 100-33C,/from Section 100-'; 30AA)`and Article IIIA, Sec, - tion) 100-30A.3, Bulk. Zonmi Regulation Schedule. Location of Property:. 85 Mesrobian Drive (private road), Laurel, NY; County Tax Map Parcel No. 1000-145-4-6: 7:45 p.m. Appl. #4369 - JESSE AND SHELLEYJ REECE, Contract Vendees/ ROSE MARY Sc] BROICH,. Seller. This is an application for a variance based upon the Building Inspector's February- 9, 19961 Notice of Disapproval, issued i anderArticle M, Sections I00 31A,and 100 -31C(2 -b) inl which applied has applied for, a building permit to alter an existing accessory "shed", building (instead of prmcipa�* dwelling) for occupancy as an artist studio wherein glass works of art will be produced. Location of Property: 800 Halyoake Avenue, Orient, NY; County Tax Map •Parcel No;; 1000-27-2-2.9; , Containing'l 5.02 acres in an R-80 Residen- tial Zone District. ' 8:00 p.m. Appl. #4371-JOy SEPH KANE. This is an ap- plication for a Variance due to insufficient total side yards based upon'the Building Inspector's March 12,1996 No- tice of Disapproval issued un- der Article XXIV, Section ]00- 244 in an application for a C] J COUNTY OF SUFFOLK STATE OF NEW YORK ss: Joey Mac Lellan, being duly sworn, says that he is the Editor, of the TRAVELER -WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler -Watchman once each week for ..................................................... /............. weeks successively, commend on the ....��....... day of ... lw. c 19.%6 V 1_11� 5 orn to before me this..... a ............ day of �1 ::-w.................................... . ............................. ................................ Notary Public BARBARA A. SCHNEIDER NOT4Y PU6UC, State of New York No. 480 846 building permit to constructa I single-family dwelling. Prop Quafif e9 in Suffolk County Coranassion Expires 813114E erty Location: 3100 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33- 1-8. The Board of Appeals will at said time and place hear any and all persons or represent&- lives desiring to be heard in the above applications. Written comments may also be submij C�j f2 ted prior to the conclusion of LS the subject hearing. The above hearings will not start before M4R Z 51996 the times designated, -and are y in addition to other hearings. It is recommended that the files) be reviewed before the sched- uled date of the hearing for up- dates or new information. If you have questions, please also do not hesitate to call 765- 1809. Dated: March 18, 1996 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS d� J GERARD P. I 1 GOEHRINGER, Chairman By Linda ICowalskj 3 iX 3/2I 6 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Jennifer Gould, Esq. P.O. Box 177 Greenport, NY 11944 o�o�OgUFFO(,j-�, .a G tA C 4, = Z BOARD OF APPEALS TOWN OF SOUTHOLD March 18, 1996 0 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 Re: Appl. No. 4369 - Reece/Scharrenbroich Parcel 27-2-2.9 Application for Variance (Change of Use in Accessory Building) Dear Mrs. Gould: Please find enclosed a copy of our Legal Notice published in this week's publication of the Long Island Traveler. The public hearing has been noticed for Wednesday night, April 3, 1996 at 7:45 p.m., to be held at the Southold Town Hall (court room). At this time please have the enclosed Notice posted at the property (on a take or tree on the premises and at 10 feet, or closer from the road entrance, where it can be easily seen by passersby and Board Members viewing the neighborhood over the new few days. Please complete the attached Affidavit of Posting, sign and return it to our office (by mail or at the hearing) for the permanent file after the Notice has been posted. Very truly yours, Linda Kowalski Enclosures A tl is (6 GlasstJarkS NOTICE OF HEARING&,,i' NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: 90SC tARKI �C,ilQrfen,�rpjG� DATE OF PUBLIC HEARING: 146P•l"- � 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 VQ��Q(Je. ReQu(reb El LZ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS: TOWN OF SOUTHOLD ----------------------------------x In the Matter of the Application Of ?PCS / �Churre✓Jbi'p�cf-L. ------------------------------------x CONFIRMATION OF POSTING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 I, �j-e,se eee(-e, , residing at Sbt) HC(INIbako being duly sworn, depose and say: That on the :21 st day of MQ rc L- , 199 6 , I personally posted the property known as " .27-2-2--9, Froo-HRlyoak¢ AA -e, 0e,9,74 , NY" by placing the Town's official poster Notice on either a stake, fence, or other post near the driveway entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon to be held April 3, 1996. Dated: M(1 rC LA- a 1996. (si re) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .MARCH..............«..1996 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y I, (We) .......................of ... $.QO,Halyoalce..Avenue.................................... Name of Appellant 1. Street and Number ..Orient. .............................. ................................................ .New...Yoxk........... HEREBY APPEAL TO ........... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Jesse Reece and,.Shelley„Rgeg.e,,,,,,,,,,,,,,,,, Name of Applicant for permit of ,,,,, 800 Halypal4g, Avet}pg,,,, Street and Number (-) PERMIT TO USE (X3 PERMIT FOR OCCUPANCY .......AXianx................ A V.Y.oxk................. Municipality State 1. LOCATION OF THE PROPERTY .....$QQ..Halgoake..A.vanue.,..Orient.,..$AA................................ Street /Hatnlet / Use District on Zoning Map District 1000 Section 27 Block 2 Lot 2.9 ............... ......... ... ......... _._............................. .•Current Owner Ingo W. and Rose Mary Scharrenbroich Map No. Lot No. Prior Owner Charles D. Horowitz 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article I Section 100-13 and ARTICLE III Sections 100-31A and 100-3.C(2)(b) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (tmd (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No.................................Dated ............................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance Is requested for the reason that Notice of Disapproval issued by the Southold Town Building Inspector dated February 9,.1996 and filed herewith for the conversion of accessory building to artist studio for the --'cieation of glass works of art. Fbnn ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa HARDSHIP because the artist studio that the applicant desires o establish can not be located within the private one -family dwelling on the premises without drastic and costly modifications to the structure itself. The artworks created by applicant consist of hand -blown and hand -shaped glass which requires operation of an electric cooling oven and gas melting furnace. 2.The hardship created is UNIQUE and Is not shared by all properties alike in the immediate vicinity of this property and in this use district because the unique features of this property are that there are four existing outbuildings which have been located on the premies for many years.. One -,of these buildings (see survey) is ideally suited as an artist studio, which is a permitted home occupaation. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are other attist studios in the neighborhood, for example, Robert Berk's Studio is across the street from the subject premises. Modification of the existing shed on the premises will not significantly alter the quaint charachteristics of this neighborhood or nor will it adversely - effect.the physical or environmental conditions of the neighborbood. STATE OF NEW YORK D ss ...... io ... ........... .... ........... COUNTY OF SUFFOLK) J ITERUL e ESQ: Sworn to this...........fith ............................ day of..... CNotary Public LINDA M..TONYES Notary Public, State of New York No. 4942668, Suffolk Cou_rtty Term Expires October 3,1 .Mar.cb...:.............................. 19 96 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Jesse Reece and Shelley Reese to the Board of Appeals of the Town of Southold TO: Robert R. Berks Joshua Nefsky and Barbara Mann Friedman Mark Ferraris and Nancy M. Zolner Ferraris Jonathan S. Becker and Annamarie, Grecco Joanne Zloklikovits Martin J. Bancroft Jr. YOU ARE HEREBY GIVEN 110 ICE: NOTICE TO ADJACENT PROPERTY OWNER Brian Hagiwara 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice[ I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 800 Halyoake Avenue Orient, New York, 11944 SCTM 1000 - 027 - 2 - 29 h 3. That the property which is the subject of such Petition is located in the following zoning district: -un Low Densitv Residential 4 that lid such Petition, the undersigned will request the following relief: convert existing accessory building to artist studio for the creiribg,_ of glass works of art 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I Section 100-13 and ARTICLE III Sections 100-31A and 100-31C(2)) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. ((bb 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the . in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: March tp , 1996 P ti ' er JennifWVB. Gou Esq. for Owners'Names: Jesse & Shelly Reece Post Office Address PO Box 177, Greenport, New York 11944 Tel. No. (516 ) 477-8607 [Copy ofsketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTSFIED MAIL RECEIPTS NAME ADDRESS Robert R. Berks Halyoake Avenue, Orient, New York 11957 Joshua Nefsky and Barbara 500 LaGuardia Place #4 Mann Friedman New York, NY 10012 Mark Ferraris and Nancy M. Apt. 18B Zolner Ferraris 40-01 Little Neck Parkway Little Neck, NY 11363 Jonathan S. Becker and 628 76th Street Annamarie Grecco Brooklyn, NY 11209 Joanne Zloklikovits 23 Sun Hill Road Katonah, NY 10536 Martin J. Bancroft, Jr. 1411 York Avenue New York, NY 10021 Brian Hagiwara PO Box 167 J 2835 Platt Road Orient, NSC 11957 r STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Linda M. Tonyes . residing at 609 First Street, Greenport, NY being duly sworn, deposes and says that on the day of March f 9 96 deponent mailed) a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Greenport, New York ; that said Notices were mailed to each of said persons by (certificd)i(xtryixceswd) mail. RA —�-h Sworn to before me this l<2 a M. Tonyes day ,��of��, ��^ March _'19 96 , �� . A i lno No[ary Public , KATHY UB All. f Now Yodl Na 524 75 2 Wool Cot Commission Expires November 3(')'",71'9x (This side does not have to be completed on form transmitted property owners.) to adjoining Z 167 772 460 Z 167 772 459 Z 167 772 457 Receipt for Receipt for Certified Mail Certified Mail Receipt for No Insurance Coverage Provided No Insurance Coverage Provided Certified Mail Do not use for International Mail Do not use for International Mail No Insurance Coverage Provided (See Reverse) °µp5"`�"�""ISee Reverse) Do not use for International Mail _ _ ___ W I 2 l o Qi E `o LL rn o_ Santa, Markerraris &Na M. Z 1 er rraris llromd 11209 40-01 Little Neck Pk P.O., Spite and ZIP Code Little Neck, NY 1136 Postage $ .32 Certified Fee 1 .10 Special Delivery Fee �urmt�ua R9 ttseNHddr&�dAt�d2ydrP iFleaaMit ted Dallas,y:Fee i 4mi n�RdS$1g1 SChowmg 1.10 "AhuraAcat.n.,pecad Postmark or Date Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage 2.52 & Feaa $ Postmark or Date I cy in U O co C* E IL a Sent to Annamarie Grecco Stry7Y, Nth St. P.O., State and ZIP Code F.Br`obvfyn; NY 11209 Postage $ ,32 Certified Fee 1 .10 Special Delivery Fee Fres r di lDA Aran FW_ Restricted' IN4rreO PW iPwtam it�pttSHmwmy ti9 \WlidhP &�ISAlE DbIrvP)dd� �urmt�ua R9 ttseNHddr&�dAt�d2ydrP 1.10 __ Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees _ TOTAL Postage _T$ & Fees 2.52 Postmark or Date y twee n acr in m m g 0 toIllE 2 Go sa'oanne Zloklikovits IT Sun Hill Road P.O., State and ZIP Code 11957 Postage $ .32 32 Certified Fee 1.10 Special Delivery Fee ' r♦}�5![!4latl:Qg(p[g4V;F�$e Fres r di lDA Aran FW_ Al4WrR ff�LR§Wt S�Wyilft9 — tE9 JPIhaRi � t4L4la [R?.NkdC§A.....-. iPwtam it�pttSHmwmy ti9 \WlidhP &�ISAlE DbIrvP)dd� 1 1 in Return Receipt Showmg.to Whom, Date, and Addressees Adtlress TOTAL Postage' & Fees TOTAL Postage & Fees _ $2.52 Postmark or Date -. 3'IL? 772 462 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail .osr .sswice (See Reverse) is W r E 0 co 0 E IL ✓n o. Sent i2obert R. Berke Streei antl l No -- - Haoake Av. P.O., State and ZIP Cotle Orient, NY 11957 Postage $ .32 Certified Fee 1.10 Special Delivery Fee ' r♦}�5![!4latl:Qg(p[g4V;F�$e - iNSSlfl4E@P:SZkIIt£RSYfFaie Al4WrR ff�LR§Wt S�Wyilft9 — tE9 JPIhaRi � t4L4la [R?.NkdC§A.....-. tumfRe44iR�rsrruarrift� H.5 Return Receipt Showing toWhom,Data, and Addressee's Adtlress TOTAL Postage' & Fees TOTAL Postage & Fees _ .. ,.. _.._ark or ... _,_.___ ... _... Postmr Data I 'PosVriark-or Date -. Z 1'67 772 456, Receipt for Certified Mail No Insurance Coverage Provided ronma Do not use for International Mail (See Reverse) Obi e I � O CIDN E 0 LL a M"atrtin J. Bancroft, J TV11"York Avenue P 0., State and ZIP Code New 'York, NY 10021 Postage $ .32 Certified Fee 1.10 Special Delivery Fee ' r♦}�5![!4latl:Qg(p[g4V;F�$e Al4WrR ff�LR§Wt S�Wyilft9 — tE9 JPIhaRi � t4L4la [R?.NkdC§A.....-. - Return Receipt Showing to Wham;.,. Date, and Addressee s Address TOTAL Postage' & Fees $2.52 _ .. ,.. _.._ark or ... _,_.___ ... _... Postmr Data I Z 1'67 '?7,E 461, Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail eXoALW (See Reverse) Seat Joshua Nefsky& Barb ra street and Ne Mann' F }edma.n 500 LaGuarla P1 #4 P.O., State and 21P Cotle c NY, Ny 10012 CD Postage $ .32 CD Pf 1.10 g Certified Fee ILL Special Delivery Fee Date, antl Addressees TOTAL Postage In - :!1$ & Fees PostmSrk or Date Z 1t.7 77>E 455 Receipt for Certified Mail No Insurance Coverage Provided :oesim Do not use for International Mail (See Reverse) m CIO I � O E O CIOLL a sgian Hagiwara Sntl No- -. 2835 Platt Road P.O_ State and ZIP Code Orient NY 11957 Postage $ .32 Certified Fee 1 .10 Special Delivery Fee Readma fltl Poir ary,Flue i tRoaWhom $J :Qalje hDelivered - Return Receipt Showing to Whom,, Data, and Addressee's Address TOTAL Postage & Fees $ 2.52 Postmark or Date 1x16. 1=71—Taxi 12 ' PROJECT IA. NUMBER 61712 Appendix C State Environmental duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTETO ACTIONS Only PART I—PROJECT INFORMATION (TD be completed by Applicant or Project sponsor) SCOR t. APPLICANT /SPONSOR I 2. PROJECT NAME Jesse Reece and 1. PROJECT LOOATION: MUnictearlty Orient cowry Suffolk A. PRECISE LOCATION (Street address and maa tntersectlans. Prommant landmarks. etc. u Provide maul 800 Halyoake Avenue Orient, New York 11957 SCTM 1000-027-02-2.9 S. IS PROPOSED ACTION: ,��[I Q Na. Cl i2 Exdanaton madlfiaanaNamtmtldn 5. OESCRISE PROJECT BRIEFLY. ' convert existing accessory building to artist studio for the creation of glass works of art. 7. AMOUNT OF LAND AFFSC. ED: Indlmly 5.0187 aerm Ultlmaten, S.O1R7 awes a. WILL PROPOSEDr-AC^QN COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE. RESTRICTIONS? 0Y. CR No it No. desutde dneny Article. I Section 100-13 and Article III Section 100-31A and100-31C(2)(b) prohibit home occupaction in accessory buildings 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Gapesmarmal Cl;Imusaw QCammercial QAgne'WnI, QPanaFarntlOoen soots QCtner Oeacroe .11-80 low density residential 10. ODES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR UIL11MATELY FROM ANY OTHER GOVERNMENTAL AGENCY (F= -W L- STATrrEOR LOCALI? . t.J Yes No It ym list agangtsl add Pefmtila0arwaLl 11. CCOES ANY ASPECT OF THE AC'1.:N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? C Yea a4n it ya: list agerdy name and PerntrtlaPato W 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? C: Yes MNo 1 CERTIFY THAT TiE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPncamrxaonxar name: Jennifer B. Gould, Esq., attorney for Datr. Je se an a ey Bete Signature•. / - It the action is in the Coastal Area, and you are a state agent/, compiete the Coastal Assessment Farm before proceeding with this assessment OVER I (Continued on reverse side) ^he N.Y.S. E1yi.rOoMental QLality Review Act raquirns submission of thisnoxa, and an environmental review will be made Ly this .;pard . before any action is taken. SHORT EW71RONMENTAL ASSESSMENT FORM INSTRUCTIONS• (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the Project and the likely impacts of the action. It is not expected that additional studies, reseazr-h Or Other investigations will be undertaken, (b) If any question has been answered Yes the project may be Sig-nificant and completed Environmental Assessment Farm is necessary. (c) If all questions have been answered No it is likely that the project is not significant..- (d) Environmental Assessment 1. Will project result in a large physical change to the Project site or physically•altar more than 10 aces Of Land? Yes x NO 2. Will there be a major change to anv unions or — ' unusual land form on the site? Yes x No 3. Will Project alter or have a large effect an '., an existing body of water? _Yes x NO 4., will project have a potentially large impact an groundwater qualm �• —Yes X No S, Will project significantly effect drainage flaw oa adjacent sites: _Yes �No G. Will Project affect any threatened or endangered Plant or animal, species? _Yes x No 7. Wi11 project result in a major adverse effect an air quality? yes x 70 8. Will Project have a major effect on visual char atter of the community Or scenic views or vistas '.maws to be important-to the community? _Yes _NO '.. - 9. will project adversely impact.any site or struct- ure Of historic, pre-historic, or paleentologicaL importance or any site designated as a critical eavi.rcnmental area by a local agency? _Yes X NO 10. Will project have a major effect on existing or future recreational opportunities? Yes x No U. Will project result in major traffic problems or cause a major effect to existing transportation • systems? Yes x No L2. will project regularly cause objectionable odors, MISS, glare,. vibration, Or electrical disturb- Suns as a result Of the project's operation? Ye$ x No 13• will project have any impact on public health or sa=etv_? '._Yes X Yo 14. Will project affect the'%Xistinq, communi`.•t by directly causing a growth in Permanent popula tion of more than 5 percent over,a one-year Yes X NO Period or have a major negative er=act on the -- character of the! community or neighborhood? 15. Is there Public ccntrnversy O corning the Project, Yes x No Preparer's Signature• Representing. Jesse d Shell Reece nate: 2aA 9�7g March 61 1996 QUESTIONNAIRE FOR FILI27G wlTH YOUR Z.B_A. APPLICATION A. Please disclose the names of :the owner(s) and anv other individuals (and entities) having a financial interest in the subject premises and a descript3.on of the=*- interests: (Separate sheet may be attached.) Ingo W. and Rosemary Scharrenbroich .Owners Sag Harbor Savings First Mortgagee B- Is the suhject premises listed ori the real estate mares for sale•or being shown to prospective buyers? {XX} Yes ( } No. (.I,.a Yes, please 3,1'`a r7t .cczy of ^Caadir; nrc-� of Sdl e_ ) C Are { } Yeses { x} ?ranosals rbznge zltnr I=d D. I. Are there any areas which caat_ia wetland grasses? n/a 2. Are the wetland areas Shawn on the man submitted with this ammlicati.oa? n /a 3. Is the property buLzheaded 'between the wetlands area and the =-land building area? n a 4. If Your property contains wetlands or pond areas, have You contacted the Office of the Town Trustees for its determination of jurlsdictien2 n/a E. Is there a depression or sloping elevat_on aear the area of proposed construction at or below five feet above mean sea level? na (If riot applicable, state F. Are there any patios, concrete barriers, bnlLheaes Cr f=nroc which Md13= and are not shcwn an the survey man that e " ane a� 4- none If none exist, please state "none_" G. Do you have any coastruction taking place at tlis t::.me concerning your premises? If ves, please submit.a copy Of Your building permit and map as approved by the 5i lding Department- If none please state_ H_ Do von or any cc -owner also own other land close tc t:2;s parcel? no If Yesplease e--pla_n where ;� r cr SU:.a_t c0p4-s of occas_ i. Please list present use or operations ecnd=cted at tt-Jz parcel one family dwelling with detached sheds proposed use one .family dwelling w; rh a, -r; .r cr,.A;,. enc Au c. _ec Sly^.at .e ane Dace 3/37, 10/907k § 47-I3 WETLA.I DS § 9T -I3 TOWN .— The Town of Southold_ TBIISTE'r-S — The Board of Trastees of the Towt Scuthcld- (Added &5-84 by L.L. No. 8-13841 77=L -L .'IIDS (Amended 8-28-T5 by " Yo. 2-1978; Z 85 by L.I:. Ya S-12gn A_ liDAL NETL? NDS: (1) All lands generally covered or intermittently ered with, or which border an, tidal waters. or Is lying beneath tidal waters, which at mean low are covered by tidal waren to a maximum deptl, five (5) feet, including but not limited to bar bogs, salt marsh, swamps. meadows, flats or at low lying lands subject to tidal actiam (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrss. high bush. cattails. groundseL f arsizm+jkvr and fapr marc cardgrzsandlor (3) All Land immediataiT adjacent to a tidal aet3and as defined in Subsection U2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland- B- FRESEE'i7ATER WETLANDS. (1) "Freshwater wetlands" as defined in Article 25.1 Ti- tle L. § 25-0107, Subdivisions 1(a) to 1(d) inclusive. Of' he Environmental Conservation L -Iv of the S[:.te Of ' ew York; and ('-) All (and immediaEch- adjacent to a "freshwater t: ef- land-- as defined in Subsection 6(1) and lying wich- in seventy-five (75) feet landward of the most land ware edge of a'freshwater wetland." 9705 ±. _5.85 FTWC-3 First American Title Insurance tvany of New York SCHEDULE A Title No. ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 9 on a certain map entitled "Settlers at Oysterponds" filed in the Suffolk County Clerk's Office on 5/4/84 as Map No. 7729 said lot being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Halyoake Road, said point being distant 626.50 feet northerly as measured along the easterly side of Halyoake Road from the corner formed by the intersection of the easterly side of Halyoake Road and the northerly side of Orchard Street; said point also being the intersection of the division line of lots 9 and 10 on the above mentioned map and the easterly side of Halyoake Road; RUNNING THENCE along the easterly side of Halyoake Road, North 40 degrees 42 minutes 40 sec6nds-East 272.01 feet to the approximate center line of a 50 foot right of way; THENCE along the approximate center line of a 50 foot right of way, the following four courses and distances: 1. South 88 degrees 58 minutes 00 seconds East 152.51 feet; 2. along an arc of a curve, bearing to the left, having a radius of 280 feet a distance along said curve of 239.46 feet; 3. along an arc of a curve, bearing to the right, having a radius of 100 feet a distance along said curve of 147.94 feet; 4. South 53 degrees 12 minutes 00 seconds East 112.49 feet to the division line of lots 8 and 9 on the above mentioned map; THENCE along the last mentioned division line, and the division line of lots 7 and 9 on the above mentioned map, South 40 degrees 42 minutes 40 seconds West 683.36 feet to the division line of lots 9 and 10 on the above mentioned map; THENCE along the last above mentioned division line, North 49 degrees 17 minutes 20 seconds West :423.68 feet to the easterly side of Halyoake Road, and the point or place of BEGINNING. The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. FOR TOGETHER with all the right, title and interest of the party of the first party, of, in and to the land lying CO OYA CING in the street in front of and adjoining said premises. Page 2 OPTION TO PURCHASE 0 This option made this 7st day of Szf t , 1995, by INGO W. and ROSE MARY SCHARRENBROICH residing at 238 Warren Street, Brooklyn, New York, 11201 hereinafter referred to as the "SELLERS" and JESSE REECE and SHELLEY REECE residing at 715 Old Farm Road, Orient, New York, 11957 hereinafter referred to as the "PURCHASERS": WITNESSETH: 1. In consideration of the sum of $1.00 and other good and valuable consideration, the seller does hereby grant to the purchaser the sole and exclusive option to purchase premises known as 800 Halyoake Avenue, Orient, New York, 11957, Suffolk County Tax Map designation: District 1000, Section 27, Block 2, and Lot 2.9, pursuant to the terms of the proposed annexed contract of sale. 2. The option price is $325,000.00 payable $32,500.00 upon the exercise of the option as hereinafter set forth and the balance of $292,500.00 in acceptable funds at closing of title. 3. Upon exercise of the option, seller will convey the property to purchaser by a bargain and sale deed with covenants against the grantor's acts in recordable form free and clear of lines and encumbrances except taxes then a lien but yet payable. The parties will execute and deliver to each other such other documents as may be necessary or appropriate to effectuate the terms and conditions of this option and the transaction contemplated hereby. 4. The downpayment of $32,500.00 shall be represented as follows: a.) For each month of the six (6) month lease, executed simultaneously herewith, Landlord will apply the sum of $500.00 towards the downpayment. b.) Security paid under terms of lease in the sum of $4,500.00 shall be applied to downpayment. c.) Bank check for $25,000.00 d.) The amount is to be adjusted accordingly depending on when tenant exercises said option. The down payment as adjusted between the amount actually credited and the sum of $32,500.00 maybe by ordinary check payable to the seller's attorney to be held in escrow until closing. e.) Once the Option is exercised as hereinabove set forth, the rent of $1,500.00 shall continue to be paid until closing of title and the sum of $500.00 per each month rent shall be applied by the Landlord to the purchase price. 5. The option shall be exercised on or before April 1, 1996, by notice mailed to sellers attorney, Paul A. Caminiti, 54075 Main Road, Southold, New York, 11971, or to such other address as may be designated by seller in writing together with a bank check for $25,000.00 to complete balance of contract deposit. 6. In the event that purchaser fails to exercise said option, the lease shall continue in full force and effect and seller shall be entitled to retain all of the rent ($1,500.00 per month) paid pursuant to the terms of the lease executed simultaneously herewith. 7. Should the tenant decide not to buy the house at any time during the lease, the owner will be notified and the owner shall be permitted to show the house for sale, tenant shall vacate premises upon expiration of lease without further notice. S. This option shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, legal representatives, and assigns. JESSE SHELLEY REECE an r2�i Qi* 7 INGOJW.SCHARRENBROICH ROSE MAY LCHARRENBROICH SECUTY TITLE AND GUARANTY COMY .Jointly ptepaied by the Real Property Section of eco York State Bar Association, the New York Sra d.Title Association, the Committee on Real Property Law of the Association of the Bar of the of New York and the Committee on Real Property La f the New York County Lawyms'Association. WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF. THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire, or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. Residential Contract of Sale _�1 5eyt,y- Zia Tontrad X1.1t %Ulf made as of A"gUSt 19 95 BETWEEN INGO W. SCHARRENBROICH and ROSE MARY SCHARRENBROICH, his wife, Address: 238 Warren Street, Brooklyn, New York 11201 Social Security Number/ Fed. I. D. No(s): hereinafter called "Seller" and JESSE REECE and SHELLEY REECE, his wife Address: 715 Old Farm Road, Orient, New York 11957 Social Security Number/ Fed. I. D. No(s): hereinafter called "Purchaser". the parties ltereU9 agree no #nll ns: 1. Premises. Seller shall sell and convey and Purchaser shall purchase the property, together with all buildings and improve- ments thereon (collectively the "Premises'), more fully described on a separate page marked "Schedule A", annexed hereto and made a part hereof and also known as: Street Address: 800 Halyoake Avenue Orient, NY 11957 Tax Map Designation: 1000-27-2-2.9 Together with Seller's ownership and rights, if any, to land lying in the bed of any street or highway, opened or proposed, adjoining the Premises to the center line thereof, including any right of Seffer to any unpaid award by reason of any taking by condemnation and/or for any damage to the Premises by reason of change of grade of any street or highway. Seller shall deliver at no additional cost to Purchaser, at Closing (as hereinafter defined),, or thereafter, on demand, any documents that Purchaser may reasonably require for the conveyance of such title and the assignment and collection of such award or damages. 2. Personal Property. This sale also includes all fixtures and articles of personal property new attached or appurtenant to the Premises, unless specifically excluded below. Seller represents and warrants that at Closing they will be paid for and owned by Seller, free and clear of all liens and encumbrances, except any existing mortgage to which this sale may be subject. They include, but arenot limited to, plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, switch plates and door hardware, venetian blinds, window treatments, shades, screens, awnings, storm windows, storm doors, window boxes, mail box, TV aerials, weather vane,. flagpole, pumps, shrubbery, fencing, outdoor statuary, tool shed, dishwasher, washing: machine, clothes dryer, garbage disposal unit, range, oven, refrigerator, freezer, air conditioning equipment and installations, wall to wall carpeting and built-ins not excluded below (strike out inapplicable items). wood burning stove, six (6) Hunter ceiling fans, all as same may presently exist on premises. Excluded from this sale are furniture and household furnishings and 3. Purchase Price. The purchase price is $ 325,000.00 payable as follows: (a) on the signing of this contract, by Purchaser's check payable to the Escrowee (as hereinafter defined), subject to collection, the receipt of which is hereby acknowledged, to be held in escrow pursuant to paragraph 6 of this contract (the "Downpayment'): $ 32,500.00 (b) by allowance for the principal amount unpaid on the exist- ing mortgage on the date hereof, payment of which Purchaser shall assume by joinder in the deed: $ 0.00. (c) by a purchase money note and mortgage from Purchaser to Seller: $ 0.00 (d) balance at Closing in accordance with paragraph 7: $ 292,500.00 4g t to an existing mortgage as indicatedin�iagrapFr9(tYJabove: (a) The Premishall-be' vtyed subject: to the continuing .lioa'zt'E- ��ncrrt...... 11, V"able, wills installments of $ which include principal, int r- est and escrow amounts, if any, and with any balance of prin 'pal being due and payable on - (b) To the extent that any required payments are made on the stating mortgage between the date hereof and Closing which reduce t unpaid principal amount thereof below the amount shown in paragrap 3(b), then the balance of the price payable at Closing underparagm, d) shall be increased by the amount of the payments of principal. Sel r represents and warrants that the amount shown in paragraph 3(b) ' substantially correct and agrees that only payments required by the ex' ting mortgage will be made between the date hereof and Closing. (c) If there is a mortgagee escrow account, Seller hal( assign it to Purchaser, if it can be assigned, and in that case Pum r shwll pay the amount 4n the escrow account to Seller at Closing. (d) Seller shall deliver to Purchaser at Closing certificate dated not more than 30 days before Closing signed by the older of the existing mortgage, in form for. recording; certifying the mount of the unpaid principal, the date to which interest has been aid and the amounts, if any, claimed tobeunpaid for principal and i res[, itemizing the same. Seller shall pay the fees for recording a ce ificate. If the the of the existing mortgage is a bank or other fustituti as defined in Section 274-a of the Real Property Caw ("Institutional oder"), it may, instead of the certificate, furnish a letter signed by a d9ly,authorized officer, employee or agent, dated not more than 30 days be re Closing, containing the same information. (e) Seller represents and warrants that (i) Seller has delivered to Purchaser true and complete copies of the exis - mortgage, the note secured thereby and any extensions and modificati thereof, (ii) the existing mortgage is not now, and at the time of CI ng will not be, in default, and (iii) the existing mortgage does not con ' any provision that permits the holder of the mortgage to require its i ediate payment in full or to change any other term thereof by reason the sale or conveyance of the Premises. 5. Purchase Money Mort ge. (Delete if inapplicable) If there is to be a purchase money ortgage as indicated in paragraph 3(c) above: (a) The purchase mo ey note and mortgage shall be drawn by the attorney for Seller' the form attached or, if not, in the stand- ard form adopted by a New. York State Land Title Association. Purchaser shall pay Closing the mortgage recording tax, record- ing fees and the aft ney's fees in the amount of $ for its preparation (b) The porch a money note and mortgage shall also provide that it is subject nd subordinate to the lien of the existing mort- gage and any a tensions, modifications, replacements or consoli- dations ofthe xisting morgage, provided that (i) the interest rate thereof shall of be greater than percent per annum and the total bt service thereunder shall not be greater than $ per annum, and (ii) if the principal amount thereof s 11 exceed the amount of principal owing and unpaid on the exisf g mortgage at the time of placing such new mortgage or consoli ted mortgage, the excess be paid to the holder of such purch a money mortgage in reduction of the principal thereof. The rchase money mortgage shall also provide that such pay - men to the holder thereof shall not alter or affect the regular inst Iments, if any, of principal payable thereunder and that the ho er thereof will, on demand and without charge therefor, exe- c e, acknowledge and deliver any agreement or agreements 6. Downpayment in Escrow. (a) Seller's attorney ("Escrowee") shall hold the Downpayment*for Seller's account in escrow in a segregated bank account at an IOLA account, Suffolk County National. Bank Cutchogue until Closing or sooner termination of this contract and shall pay over or apply the Downpayment in accordance with the terms of this paragraph. Escrowee shall (not) (Delete if inapplicable) hold the Downpayment in an interest-bearing account for the benefit of *only to the extent of $25,000,00 'the parties. If interest is held for thefit of the parties, it shall be paid to the party entitled to the #npayment and the party receiving the interest shall pay any income taxes thereon. If inter- est is not held for the benefit of the parties, the Downpayment shall be placed in an IOLA account or as otherwise permitted or required by law. The Social Security or Federal Identification numbers of the parties shall be furnished to Escrowee upon request. At Closing, the Downpayment shallbe paid by Escrowee to Seller. If for any reason Closing does not occur and either party gives Notice (as defined in paragraph 25) to Escrowee demanding payment of the Downpayment, Escrowee shall give prompt Notice to the other party of such demand. If Escrowee does not receive Notice of objection from such other party to the proposed pay- ment within 10 business days after the giving of such Notice, Escrowee is hereby authorized and directed to make such pay- ment. If Escrowee does receive such Notice of objection within such 10 day period or if for any other reason Escrowee in good faith shall elect not to make such payment, Escrowee shall con- tinue to hold such amount until otherwise directed by Notice from the parties to this contract or a final, nonappealable judgment, order or decree of a court. However, Escrowee shall have the right at any time to deposit the Downpayment and the interest thereon with the clerk of a court in the county in which the Premises are located and shall give Notice of such deposit to Seller and Pur- chaser. Upon such deposit or other disbursement in accordance with the terms of this paragraph, Escrowee shall be relieved and discharged of all further obligations and responsibilities hereunder. (b) The parties acknowledge that, although Escrowee is holding the Downpayment for Seller's account, for all other purposes Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowee shall not be liable to either party for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally agree to defend, indemnify and hold Escrowee harmless from and against all costs, claims and expenses (including reasonable attorneys' fees) incurred in connection with the performance of Escrowee's duties hereunder, except with respect to actions or omissions taken or suffered by Escrowee in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. (c) Escrowee may act or refrain from acting in respect of any matter referred to herein in full reliance upon and with the advice of counsel which may be selected by it (including any member of its firm) and shall be fully protected in so acting or refraining from action upon the advice of such counsel. (d) Escrowee acknowledges receipt of the Downpayment by check subject to collection and Escrowee's agreement to the provi- sions of this paragraph by signing in the place indicated on the signature page of this contract. (e) Escrowee or any member of its firm shall be permitted to act as counsel for Seller in any dispute as to the disbursement of the Downpayment or any other dispute between the parties whether or not Escrowee is in possession of the Downpayment and con- tinues to act as Escrowee. 7. Acceptable Funds. All money payable under this contract, unless otherwise specified, shall be paid by: (a) Cash, but not over $1,000.00; (b) Good certified check of Purchaser drawn on or official check issued by any bank, savings bank, trust company or savings and loan association having a banking office in the State of New York, unendorsed and payable to the order of Seller, or as Seller may otherwise direct upon not less than 3 business days notice to Purchaser; (c) As to money other than the purchase price payable to Seller at Closing, uncertified check of Purchaser up to the amount of $ 1 ,000.00 ;and (d) As otherwise agreed to in writing by Seller or Seller's attorney. 8. Mortgage Contingency. (Delete if inapplicable) The obligations of Purchaser hereunder are conditioned upon issuance-mxiiir 4narr-=Balec') of a written commitment from any Institutional Lender pursuant to which such Institutional Lender agrees to make a first mortgage loan, other than a VA, FHA or other governmentally insured loan, to Purchaser, at Purchaser's sole cost and expense, of $ 260,000.00 or such lesser sum as Purchaser shall be willing to accept, at the prevailing fixed rate of interest n for a term of at least 2 5/ 3 0 years and on other customary commitment terms, whether or not conditional upon any factors other than an appraisal satisfactory to the Institutional Lender. Purchaser shall (a) make prompt application to an Instititional Lender for such mortgage loan, (b) furnish accurate and complete information regarding Purchaser and members of Purchaser's family, as required, (c) pay all fees, points and charges required in connection with such application and loan, (d) pursue such application with diligence, (e) cooperate in good faith with such Institutional Lender to obtain such com- mitment and (f) promptly give Notice to Seller of the name and address of each Institutional Lender to which Purchaser has made such application. Purchaser shall comply with all requirements of such commitment (or of any other commitment accepted by Pur- chaser) and shall furnish Seller with a copy thereof promptly after receipt thereof. If such commitment is not issued etrerbeferrMte 4- Wt tot ,-qtr a-vt:,+ cig cimn u Mr ainsig Naacc r-1111 RR"r_ It, v x% !e - tun. contract shall be deemed cancelled and the Ile ^F e party shall *ny further rights against, or obligations or liabili- ties to, the other by reason of this contract, except that the Down - payment shall be promptly refunded to Purchaser and except as set forth in paragraph 27. cellation or if Purchaser shall accept a commitme.ntt rrba�t�t comply with the terms set forth_. , that uf�chaser shall be deemed to havetar's right to cancel this contract an &�a refund of the Downpayment by reason of the 9. Permitted Exceptions. The Premises are sold and shall be con- veyed subject to: (a) Zoning and subdivision laws and regulations, and landmark, historic or wetlands designation, provided that they are not vio- lated by the existing buildings and improvements erected on the property or their use; (b) Consents for the erection of any structures on, under or above any streets on which the Premises abut; (c) Encroachments of stoops, areas, cellar steps, trim and corni- ces, if any, upon any street or highway; (d) Real estate taxes that are a lien, but are not yet dire and payable; and (e) The other matters, if any, including a survey exception, set forth in a Rider attached. 10. Governmental Violations and Orders. (a) Seller shall comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted or issued as of the date hereof by any governmental department having authority as to lands, housing, buildings, fire, health, environmental and labor conditions affecting the Premises. The Premises shall be conveyed free of them at Closing. Seller shall furnish Purchaser with any authorizations necessary to make the searches that could disclose these matters. (b) obligations -affecting the -Pre- mises pursuant to the Administra -eFth t y o New York incgyed.pcieeto-C1 mg andpayableblain money shall be dis- c t 2;--4 by 11. Sellers Representations. (a) Seller represents and warrants to Purchaser that: (i) The Premises abut or have a right of access to a public road; (ii) Seller is the sole owner of the Premises and has the full right, power and authority to sell, convey and transfer the same in accordance with the terms of this contract; (iii) Seller is not a "foreign person", as that term is defined for purposes of the Foreign Investment in Real Property Tax Act, Internal Revenue Code ("IRC') Section 1445, as amended, and the regulations promulgated thereunder (collectively "FIRPTA'); (iv) The Premises are not affected by any exemptions or abatements of taxes; and (v) Seller has been known by no other name for the past ten years, except none (b) Seller covenants and warrants that all of the representations and warranties set forth in this contract shall be true and correct at Closing. (c) Except as otherwise expressly set forth in this contract, none of Seller's covenants, representations, warranties or other obliga- tions contained in this contract shall survive Closing. 12. Condition of Property. Purchaser Acknowledges and repre- sents that Purchaser is fully aware of the physical condition and state of repair of the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that Purchaser is entering into this contract based solely upon such inspection and investigation and not upon any information, data, statements or representations, written or oral, as to the physical condition, state of repair, use, cost of operation or any other matter related to the Premises or the other property included in the sale, given or made by Seller or its representatives, and shall accept the same "as is" in their present condition and state of repair, subject to reasonable use, wear, tear and natural deterioration between the date hereof and the date of Closing (except as otherwise set forth in paragraph 16(f)), without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this contract. Purchaser and its authorized representatives shall have the right, at reasonable times and upon reasonable notice (by telephone or otherwise) to Seller, to inspect the Premises before Closing. 13. Insurable Title. Seller shall give and Purchaser shall accept such title as any recognized title or abstract ccupany with actual offices in Suffolk County shall be willing to approve and insure in accordance with its standard form of title policy approved by the New York State Insurance Department, subject only to the matters provided for in this contract. 14. Closing, Deed and Title. (a) "Closing" means the settlement of the obligations of Seller and Purchaser to each other under this contract, including the payment of the purchase price to Seller, and the delivery to Purchaser of a bargain & sale deed w/ cov. agst. grantors acts deed in proper statutory short form for record, duly executed and ackno-Weed. so as to convey to Purchaser fee simple title to the Premises {tee of all eocT nbraxes exp at othrr•s. herein Vided. T2x deed itatcv em a trn entn Der as rty .red b Isullid. 5 of Section 13 of the Lien Law. PREMISES: 800 HALYOAKE AVENUE, ORIENT, NY All of the paragraphs and provisions contained in this Rider are incorporated into a printed form of this Contract and made a part thereof with the same force and effect as if therein originally set forth. If there shall be any inconsistencies between this Rider and the basic form contract herein, this Rider shall control and take precedence over said printed form of Contract. 1. SUBJECT TO CLAUSE: Subject to any state of facts an accurate survey may show and to covenants, agreements, restrictions and utility easements of record, if any, and to zoning ordinances, restrictions of the city, village or town in which the premises are situated, in effect, now or at the date of the closing of title. However purchaser shall not be required to take title if such state of facts shall render the title unmarketable, or if said covenants, agreements, restrictions, and utility easements shall prohibit or restrict the continued use or maintenance of the structure erected on said premises. 2. ADJUSTMENTS: All adjustments and apportionments, including purchasers interest on mortgage, shall be made on the basis of a thirty (30) day month regardless of the number of days actually in the month of closing and adjustments will be made as of the date of possession. 3. CERTIFICATE OF OCCUPANCY: In the event that a current survey is required by the municipality in order to obtain a certificate of occupancy or equivalent, it shall be the responsibility of the purchaser to provide such survey to the seller at purchasers' sole cost and expense. In the event of the inability of the seller to convey title pursuant to the terms of the contract, the seller shall reimburse the purchaser for the cost of the aforementioned survey. In the event that there have been any additions to the premises which require municipal certificates, the seller will endeavor to procure same prior to the closing. Upon the failure of the seller to procure same, the purchaser may take the premises "as is" or cancel the contract, in which latter event the down payment will be refunded and this contract shall be deemed null and void. 4. DELIVERY OF THE DEED: It is specifically understood and agreed that the acceptance of the deed by the purchaser shall constitute and be deemed and considered full compliance by the seller of all of the terms and conditions of this contract on the part of the seller to be performed; and it is further expressly agreed that none of the provisions of this contract shall survive the delivery and acceptance of the deed, except insofar as may herein otherwise be expressly and specifically provided, or except as may be otherwise agreed upon by the seller in writing at closing of title. 5. WOOD DESTROYING INSECT INSPECTION: The purchasers, at their own cost and expense, within fourteen (14) days of the execution of this contract, shall have the right to have the premises inspected for the purpose of determining the existence of infestation of wood destroying insects, including but not limited to termites, carpenter ants and powder post beetles. The cost of said inspection shall be paid by the purchaser. In the event that infestation or damage is found, a copy of the report issued by the termite company or other written notice shall be served upon the seller's attorney within fourteen (14) days from the date hereof. Upon receipt of such notice by the seller's attorney, the seller at his option may: (a) treat the infestation and repair the damage caused thereby at his own cost and expense and provide purchaser with a certificate and guarantee from a reputable exterminator running to or assignable to the purchaser for a minimum period of one year in which event the purchaser agrees to consummate this transaction pursuant to the terms hereof, or (b) terminate this contract by refunding the contract deposit hereunder by the purchaser. Notice of the seller's intent to exercise either option shall be served upon the purchaser's attorney within seven (7) days after receipt of the termite report. In the event that seller exercises his option to cancel this contract pursuant to (b) above the purchaser may nevertheless have the option to proceed with the purchase of the house and take subject to the infestation and damage. Said option by the purchaser must be exercised in writing within three (3) days after receipt of advices that seller has terminated the contract. In the event the purchaser shall fail to have the premises inspected or fails to serve said notice as specified, the purchaser shall be deemed to have waived the provisions of this clause and the contract shall remain in full force and effect. This provision of the contract concerning wood infestation shall apply only to active infestation and shall not apply to prior infestation provided that seller shall be able to deliver to purchaser a guarantee from a reputable exterminator as set forth above. 6. DISHONORED CHECK: In the event that a check given as down -payment is dishonored for any reason by the bank upon which it is drawn, except for sellers faulty endorsement, seller, in additional to any other rights or remedies he may have, may terminate the contract and seller shall be relieved and released from all obligations hereunder, liability for brokerage commissions included. 7. LITIGATION AND WAIVER: In the event of any legal proceeding or litigation between the parties hereto arising out of this contract for the sale of the within premises, each of the parties hereto hereby waive the right to a trial by jury in such legal proceeding or litigation. 8. ADDITIONAL MORTGAGE CONTINGENCY TERMS: a.) A Mortgage commitment which by its terms is subject o the verification of employment, income verification, verification of bank balances and/or favorable appraisal, shall not be deemed to satisfy the mortgage contingency provisions of this contract until the lending institution issuing such commitment shall have removed such conditions therefrom within the time period prescribed for obtaining a Mortgage Commitment in the Contract of Sale. b.) Any mortgage referred to herein, is to be obtained by the purchaser without points or other expense to the seller. A mortgage commitment shall otherwise be considered firm and unconditional even though it contains a condition requiring the sale of purchasers' assets including, but not limited to, the sale of his present home prior to closing. The Purchasers waive any such condition as an inducement to Sellers to enter into this contract. c.) In addition, Purchasers acknowledge that it is their sole obligation to extend, at their sole expense, the mortgage commitment until the date of closing as set forth herein,. including any reasonable adjournments requested by the Sellers not to exceed 30 day. Counties of Nassau or Suffolk, there shall be an att e e s attorney by the Purchaser as ounty $250.00; Kings County - $300.00; Bronx, 10. MORTGAGE TAX: It is understood that the Seller shall leave no responsibility to pay any portion of the mortgage tax. 11. PURCHASER'S CHECK PAYABLE ONLY TO SELLER Anything to the contrary notwithstanding, it is specifically understood and agreed that at the closing of title, the balance of the purchase price shall be paid by the Purchaser to the Seller by Certifiedfrellers/Cashiers check(s) drawn to the Seller as the only named payee. It is agreed that the Seller may refuse to close title in the event that Purchaser's check(s) are drawn otherwise, and the Purchaser's failure to comply with this provision shall be deemed a material breach of this contract, and shall render the Purchaser in default. The parties affirm under the penalties of perjury that the social security number listed below is correct. / qA- - 3'-f s`J r Y SOCIAL SECURITY NUMBER 0V I/- 3v -L7' -/V SOCIAL SECURITY NUMBER SOCIAL SECURITY NUMBER 00- 7� Sg�� SOCIAL SECURITY NUMBER �z... lq Qu9 J-� SELLER c C� (b) If Seller is a corporation, it shall deI've to Purchaser at the time of hlgsing (i) a resolution of its Board rectors authoriz- ing the sale and delivery of the deed, and certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that Section. 15. Closing Date and Place. Closing shall take place at the office of. Caminiti & Gibbons at 10 o'clock on or about 30 days after exercise of Option.' or, upon reasonable notice (by telephone or otherwise) by Pur- chaser, at the office of purchasers lending institution. 16. Conditions to Closing. This contract and Purchaser's obliga- tion to purchase the Premises are also subject to and conditioned upon the fulfillment of the following conditions precedent: (a) The accuracy, as of the date of Closing, of the representa- tions and warranties of Seller made in this contract. (b) The delivery by Seller to Purchaser of a valid and subsisting Certificate of Occupancy or other required certificate of com- pliance, or evidence that none was required, covering the build- ing(s) and all of the other improvements located on the property authorizing their use as a one family dwel- ling at the date of Closing. (c) The delivery by Seller to Purchaser of a duly executed and sworn affidavit (in form prescribed by law) claiming exemption of the sale contemplated hereby, if such be the case, under Article 31-B of the Tax Law of the State of New York and the Regula- tions promulgated thereunder, as the same may be amended from time to time (collectively the "Gains Tax Law"); or if such sale shall not be exempt under the Gains Tax law, Seller and Pur- chaser agree to comply in a timely manner with the requirements of the Gains Tax Law and, at Closing, Seller shalt deliver to Pur- chaser (i) an official return showing no tax due, or (ii) an official return accompanied by a certified orofficial bank check drawn on a New York State banking institution payable to the order of the New York State Department of Taxation and Finance in the amount of the tax shown to be due thereon. Seller shall (x) pay, promptly any additional tax that may become due under the Gains Tax Law, together with interest and penalties thereon, if any, which may be assessed or become due after Closing, and/or exe- cute any other documents that may be required in respect thereof, and (y) indemnify, defend and save Purchaser harmless from and against any of the foregoing and any damage, liability, cost or expense (including reasonable attorneys' fees) which may be suf- fered or incurred by Purchaser by reason of the nonpayment there- of. The provisions of this subparagraph (c) shall survive Closing. (d) The delivery by Seller to Purchaser of a certification stating that Seller is not a foreign person, which certification shall be in the form then required by FIRPTA. If Seller fails to deliver the aforesaid certification or if Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold from the purchase price a sum equal to 10clo thereof (or any lesser amount permitted by law) and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. (f) All plumbing (including water supply and septic systems, any), heating and airconditioning, if any, electrical and mechani- cal systems, equipment and machinery in the building(s) located on the property and all. appliances which are included in this sale being in working order as of the date. ofKKsX4X. possession. (g) if the Premises are a one or two family house, delivery by the parties at Closing of affidavits in compliance with state and local law requirements to the effect that there is installed in the Premises a smoke detecting alarm device or devices. (h) The delivery by the parties of any other affidavits required as a condition of recording the deed. 17. Deed Transfer and Recording Taxes. At Closing, certified or official bank checks payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or record- ing of the deed or mortgage; if any, shall be delivered by the party required by law or by this contract to pay such transfer and/or recording tax, together with any required tax returns duly exe- cuted and sworn to, and such party shall cause any such checks and returns to be delivered to the appropriate officer promptly after Closing. The obligation to pay any additional tax or defi- ciency and. any interest or penalties thereon shall survive Closing. 18. Apportionments and Other Adjustments; Water Meter and Installment Assessments. (a) To the extent applicable, the follow- ing shall be apportioned as of midnight of the day before the day of Closing: (i) taxes, water charges and sewer rents, on the basis of the fieaal period for which assessed; (ii) fuel; (iii) interest on the exist- ing mortgage; (iv) premiums on existing transferable insurance policies and renewals of those expiring prior to Closing; (v) vault charges; (vi) rents as and when collected. (b) If Closing shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate for the immediately preceding fiscal period applied to the latest assessed valuation. (c) If there is a w meter on the Premises, Seller shall furnish a reading to a dateore than 30 days before Closing and the unfixed meter chargFTnd sewer rent; if any, shall be apportioned on the basis of such last reading. (d) If at the date of Closing the Premises are affected by an assessment which is or may become payable in annual install- ments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to Closing. (e) Any errors or omissions in computing apportionments or other adjustments at Closing shall be corrected within a reason- able time following Closing. This subparagraph shall survive Closing. 19. .Allowance for Unpaid Taxes, etc. Seller has the option to credit Purchaser as an adjustment to the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five business days after Closing, provided that official bills therefor computed to said date are produced at Closing. 20. Use of Purchase Price to Remove Encumbrances. If at Clos- ing there are other liens or encumbrances that Seller is obligated to. pay or discharge, Seller may use any portion of the cash bal- ance of the purchase price to pay or discharge them, provided Seller shall simultaneously deliver to Purchaser at Closing instru- ments in recordable form and sufficient to satisfy such liens or encumbrances of record, together with the cost ofrecording or filing said instruments. As an alternative Seller may deposit suffi- cient monies with the title insurance company employed by Pur- chaser acceptable to and required by it to assure their discharge, but only if the title insurance company will insure Purchaser's title clear of the matters or insure against their enforcement out of the Premises and will insure Purchaser's Institutional Lender clear of such matters. Upon notice (by telephone or otherwise), given not less than 3 business days before Closing, Purchaser shall provide separate certified or official bank checks as requested to assist in clearing up these matters. 21. Title Examination; Seller's Inability to Convey; Limitations of Liability. (a) Purchaser shall order an examination of title in respect of the Premises from a title company licensed or autho- rized to issue title insurance by the New York State Insurance Department or any. agent for such title company promptly after the execution of this contract or, if this contract is subject to the mortgage contingency set forth in paragraph 8, after a mortgage commitment has been accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions thereto to be delivered to the attorney(s) for Seller promptly after receipt thereof. (b)(i) If at the date of Closing Seller is unable to transfer title to Purchaser in accordance with this contract, or Purchaser has other valid grounds for refusing to close, whether by reason of liens, encumbrances or other objections to title or otherwise (herein col- lectively called "Defects'), other than those subject to which Pur- chaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall be unwilling to waive the same andto close title without abatement of the purchase price, then, except as hereinafter set forth, Seller shall have the right, at Seller's sole election, either to take such action as Seller may deem advisable to remove, remedy, discharge or comply with such Defects or to cancel this contract; (ii) if Seller elects to take action to remove, remedy or comply with such Defects, Seller shall be entitled from time to time, upon Notice to Purchaser, to adjourn the date for Closing hereunder for a period or periods not exceeding 60 days in the aggregate (but not extending beyond the date upon which Purchaser's mortgage commitment, if any, shall expire), and the date for Closing shall be adjourned to a date specified by Seller not beyond such period. If for any reason whatsoever, Seller shall not have succeeded in re- moving, remedying or complying with such Defects at the expira- tion of such adjournment(s),.and if Purchaser shall still be unwil- ling to waive the same and to close title without abatement of the purchase price; then either party may cancel this contract by Notice to the other given within 10 days after such adjourned date; (iii) notwithstanding the foregoing, the existing mortgage (unless this sale is subject to the same) and any matter created by Seller after the date hereof shall be released, discharged or otherwise cured by Seller at or prior to Closing. (c) If this contract is cancelled pursuant to its terms, other than as a result of Purchaser's default, this contract shall terminate and come to an end, and neither party shall have any further rights, obligations or liabilities against or to the other hereunder or other- wise, except that: (i) Seller shall promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and, unless cancelled as a result of Purchaser's default or pursuant to para- graph 8, to reimburse Purchaser for the net cost of examination of title, including any appropriate additional charges related thereto, and the net cost, if actually paid or incurred by. Purchaser, for updating the existing survey of the Premises or of a new survey, and (ii) the obligations under paragraph 27 shall survive the ter- mination of this contract. 22. Affidavitas to Judgments, Bankruptcies, etc. If a title exami- nation discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of Seller, Seller shall deliver an affidavit at Closing showing that they are not against Seller. 23. Defaults and Remedies. (a) If Purchaser defaults hereunder, Seller's sole remedy shall be to receive and retain the Downpay- ment as liquidated damages, it being agreed that Seller's damages in case of Purchaser's default might be impossible to ascertain and that the Downpayment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty. (0) If Seller defaults hereunder, P aser shall have. such remedies as Purchaser shall be entitled tlaw or in equity, includ- ing, but not limited to, specific performance. 24. Purchaser's Lien. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey and survey inspection charges, are here- by made liens on the Premises, but such liens shall not continue after default by Purchaser under this contract. 25. Notices. Any notice or other communication ("Notice') shall be in writing and either (a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf or by the Escrowee, by registered or certified mail, postage prepaid, or (b) delivered in person orby overnight courier, with receipt acknowledged, to the respective addresses. given in this contract for the party and the Escrowee, to whom the Notice is to be given, or to such other address as such party or Escrowee shall hereafter desig- nate by Notice given to the other party or parties and the Escrowee pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same, except that any notice to Escrowee shall be deemed given only upon receipt by Escrowee and each Notice delivered in person or by overnight courier shall be deemed given when delivered. 26. No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any purported assignment(s) made without such consent shall be void. 27. Broker. Seller and Purchaser each represents and warrants to the other that it has not dealt with any broker in connection with this sale otherthan none ("Broker') and Seller shall pay Broker any commission earned pur- suant to a separate agreement between Seller and Broker. Seller and Purchaser shall indemnify and defend each other against any costs, claims and expift, including reasonable attorneys'fees, arising out of the breach Wheir respective parts of any representation or agreement contained in this paragraph. The provisions of this para- graph shall survive Closing or, if Closing does not occur, the termina- tion of this contract. 28. Miscellaneous. (a) All prior understandings, agreements, repre- sentations and warranties, oral or written, between Seller and Pur- chaser are merged in this contract; it completely expresses their full agreement and has been entered into after full investigation, neither party relying upon. any statement made by anyone else that is not set forth in this contract. (b) Neither this contract nor any provision thereof maybe waived, changed or cancelled except in writing. This contract shall also apply to and bind the heirs, distributees; legal representatives, successors and permitted assigns of the respective parties. The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. (c) Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it. (d) The captions in this contract are for convenience of reference only and in no way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any provision hereof. (e) This contract shall not be binding or effective until duly exe- cuted and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC reporting require- ments, if applicable. This subparagraph shall survive Closing. (g) Each party shall, at any time and from time to time, execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. (h) This contract is intended for the exclusive benefit of the parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, andshall not create any rights in, or be enforceable by, any other person or entity. IN WITNESS WHEREOF, this contract has been duly executed by the parties reto. IL ..-------------- -----------------------------�.....-----...............................t;7 ................. Seller urchaser - ...._.............. SellerPurchaser Attorney for Seller: PAUL A. CAMINITI, ESQ. Address: 54075 MAIN ROAD PO BOX SOUTHOLD, NY 11971 Tel.: (516) `765-5900Fax: (516) Attorney for Purchaser: WILLIAM H. PRICE JR., ESQ. Address: 846 828 FRONT STREET PO BOX 2065 GREENPORT, NY 11944 765-5902 Tel.: ( 51 6) 477-1 01 6 Fax; (51 6) 477-0130 Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the provisions of paragraph 6 above. Dcrowee . Tantrad of Ante TITLE No. Section Block SCHARRENBROICH Lot County or Town Street Number Address TO REECE Distributed by SECURITY TITLE AND GUARANTY COMPANY Two Park Avenue, New York, NY 10016 CHARTERED 1928 CT IN NEW YORK Residential Contract of Sale, 2-91 PREMISES MRY 01• '96 03:19PM GOLD FRRRELL&MRRKS P.1/4 'T --fin ATTN: ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL FROM: GREGORY WELCH 715 OLD FARM ROAD ORIENT, NY 11957 RE: REECE APPLICATION FOR VARIANCE/PERMIT Please see attached, This fax totals four pages including this cover page. r,. MAY 01 '96 03:19PM GOLD FARRELUMARKS P.2i4 Gregory A. Welch P.O. Box 262 715 Old Farm Road Orient, NY 119.57 May 1 1996 BY FAX Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: Reece Application for Variance/Permit Dear Members of the zoning Board: I have a home in orient at 715 31d. Farm Road and submit this letter in connection with the recent application of Mr. Jesse Reece for a variance and/or. permit. I have read the publicity in the press. At the outset, I feel it is important: to identify what this matter does not involve. This is not a political issue. It does not require full-blown campaigning, theatrica. presentation or grandstanding. Nor is it a war waged by landowners against artists, threatening artists' ability to create. 'Indeed, i am a former performing artist, and am thus keenlysensiti,ve to the struggles of other artists. Quite simply, the matter at hand is an appeal by a particular applicant (as presented by his attorney, Jennifer Gould) seeking a variance.i :I.:trust that":he Board has been able to sift through all of the chaff to base its determination on the genuine issues before it. Of the factors t9,be considered, I personally have grave concerns with respectt.to two. (1) the applicant's intended use of the outbuilding; and„:(2) the need to (aea3rly define the limits or restrictions impo„sed by ;he Board if a variance is granted.' With respect to the applicant's intended use of the outbuilding, I am confident that the Board --having requested that the applicant provide specific plans for his intended use detailing the effects his,op'erations would have on the immediate and neighboring vicinity - has well in hand the legitimate concerns raised by the applicant's request. MAY 01, '96 03:19PM GOLD FARRELL&MARKS I understand tha Board's attention our join fire hazard presented by t historic wood barn near an fanning mechanisms .(which, the applicant's workers to industrial waste the glass traffic on the quiet pasta walking, rollerblading and the dangerous precedert th rural country setting not throughout the Town of ,Sou forceful statements whi,7h and I urge the Board to de P.3/4 My neighbors have called to the concerns and fears. They include the ,'placement of a furnace in an ,,placement field, the noise levels from the am told, in full operation require ear sound -proof headphones), the rks might generate, the additional 1 roads usedbyresidents for iking and, perh,ps most importantly, has th^ potential of destroying the ly in the imi.,ediat.e area, but old. I have little to add to the understand 'nave.),,ean made by others; the application. If, however, the Board decides to grant the application, I urge the Board,,to seriously consider the second factor: the need to cleaily define the limits or restrictions imposed by the Board upon, any.variance it giants. I have given considerable thought as to,whether or not: the 'acts I am about to recount are appropriate for thz Boazdls t.-cnsic(eration. Ultimately -- and the Board may, of comae, d..sagree with me -- certain aspects of th,� applicant's conduct a: described below bear directly on this second factor. In my view, they give rise to a concern that, if the Apard gxaxits a variance to tine applicant, the limits and restrictions of that variance:, including any monitoring mechanism,, must be drafted with careful precision and great clarity. The facts are as Follows. Until the applicant moved into his current residence, ;ha was a tenant in the house I was waiting to purchase at 715,gld Farm Road in orient. His lease with the sellers provided.t�xat the sellers would "Allow sixty (60) days notice if buyer is$�found for house." Although the sellers told the applicant:Chat a buyer had been found and that he would be required to move;:an sixty days, the applicant refused to move after the sixty days,had passed. He, through his attorney, Jennifer Gould, claimed that the provision was ambiguouk�: that he could not understand what it meant, and that, in any event, it did not require him to vacate prior to the end of the lease term over four months later. I then learned through �:he sellers' attorney and later from the sellers themselvesirthat the applicant wanted a payment of `$20,000 to vacate the pretttises. The sellers, not surprisingly, were unwillinto-r!to pay the applicant $20,000 and so commenced eviction proceedil3gs. The eviction pros"eeaings were protracted by several adjournments. One of these resulted when the applicant appeared in ,court without an attorney; although correspondence shows that Ms. Gould already had been,,represenaing him for several weeks in y ;r Z a ,, MAY 01. 196 03:20PM GOLD FARRELUMARKS P.4/4 F connection with this matter.,'.,,The Court adjourned the matter for several weeks to enable t'he.applicant to ;appear with his counsel. In August, after Several months, the 'sellers, a brother and sister from Michigan, faged with mounting legal fees and having .driven from the mils at three times to attend proceedings, finally agreg'd to end the eviction proceeding in exchange for the applicanIs agreement to leave the premises or be subject to immediate eviction or, October 1, 1395, which was many months after he was to have vacated pursuant to the notice provision of the lease In my view, these circu,natanceismak a one thing clear: any variance granted to the t3ppli.c-:rant trust b r;arefully and precisely defined and drafted. .A provision that; had seemed clear to the sellers, myself and the brokers, »a., apjpUsrently unclear to the applicant. If the 'Board is inclined ::o"gr€i:¢t the applicant's request, I strongly recommen4,,that the B*,,Ard tie metieukous and comprehensive in defining t42,,exaet paramete..s.of the variance, and institute some sort o�f itoring mechanism to ensure that the applicant's understana4a,ng.w•of the variance:rsoincides with the Board's intention. I recothmend that the Board set down, for example, precise limits on`permiss.i'ale noise levels and exact safety measures (particularly with regard to fire hazards in the old wood barn the app3.:icant inten�ia to r,sc: to house his furnace) , and clearly preclude ariy expansio,i of hi.> otaerations beyond the detailed proposal he should by now have submitted to the Board. (I have not yet seen a dopy, of that prouos'al and do not know whether it was submitted. , I am grateful for tyhe c.tmsidertaks::e time and deliberation that the noard,has q.-ven to the concerns of those who will be directly affected�by its determib.:yt:i_on. 1e� you have any questions or would likerr;to discurss t`nUs . mett:er further, please do not hesitate to,gile mr: a call at 32.7,-1385. r I.x sincerely, i r t '1 r Yi4 r 3 I' ATTORNEY AT LAW P.O. aox 121% Wiry Pmfessirnal Ctr., 440200 Middle Rd. SOUTHOLD, NEW YORK 11971 (516) 765-6085 May 1, 1996 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: Variance Application of Reece Dear Members of the Board: Despite the fact that the public hearing in the subject application took place on April 3, 1996, the applicants did not file any of the requested information regarding the appropriateness of using an old, wooden structure to house a glass blowing operation until today. As a result, the applicants have either intentionally, or at least inadvertently, made it impossible for the numerous opponents to this application to respond prior to the Board of Appeals meeting scheduled for tonight. Therefore, no decision should be made on this application until the opponents are given a sufficient opportunity to respond. The undersigned was only able to obtain, from the office of this Board, a copy of the report of John C. Cronin, Jr., P.E., at approximately 2 p.m. today. Even a cursory review of this report, however, should give the reader great concern. Once again, the testing of the noise levels were performed upon a pre- arranged visit to the existing site. According to the report itself, only a portion of the LPG furnaces, the "glory holes" and the blowers were in operation during said tests. Not surprisingly, the results of these pre -arranged tests differ markedly with the experiences of at least two people who visited the existing facility unannounced. Of even greater concern is the dangerous nature of the current operation, as discussed in said report. Not only was the current electrical system found sorely lacking, but the LPG system contained "garden hose" gas feeds held in place with twisted wire; non -gas related valves in place, some leaking LPG from their Packing glands, jury rigged gas pressure water manometer; and an unprotected and corroded gas line. The report found that the furnaces appear to be equipped with flame failure shutdown devices. However, no report of any testing of such apparent equipment was made. To be kind, the current operation seems to have been thrown together with little or no regard for safety considerations. To allow someone to operate in such a manner in an old, wooden structure would be a prescription for disaster. With all due respect for the self-serving statements contained in Ms. Gould's letter to the Board dated April 30, 1996, the opponents are not "a small band of misinformed householders" attempting to "use the Town Code as a bludgeon" to defeat this application. The applicants have legitimate concerns, as substantiated by the applicants' own engineering report, concerning the safety of the proposed operation. Contrary to Ms. Gould's assertion, it is the applicants who are seeking to totally subvert the Town Code to their own purposes. To once again quote the absurd statement that the home occupation law was never intended to prevent artistic activities in outbuildings (in direct contravention of the express language of the Code) borders on the ludicrous. If the Town Board did not want to limit home occupations, including artistics activities, to the residence, why did it include that express language in the Code? I continue to maintain that if the Town Board desires to allow home occupations in accessory buildings then the Town Board should amend the Code to so state. The Board of Appeals should not ursurp this legislative function and rewrite the home occupation law. The central, burning question that remains unanswered by the applicants is: "If the proposed operation will have no adverse impact upon the immediate residential neighborhood, why not locate same within the substantial residence located on the subject premises as required by the home occupation law? We continue to await a viable response to this simple yyrgstion. Hand Delivered ' 395.00' y 3 b h. /W. !)ernore5J R .4i O LOT 2 AREA= 5. 0596 ACRES ° LOT'( AREA= 5. //03 ACRES/R=i Pa. o6' — �T H. { L=2711' NO.O yB -- X 5 , p 59 //Z. 49' - /p 0 ' \ti ,QOo g Alla` 15 E�75T/NG BLOCS QJ / EX/ST/NCB /00 0 LOOS I l_ i i J 0o Q /00 I— ra I U 0 rl ri LI I _J j /6� %% Lj 11 1 34453' L-1 L—J a62'� �58E. Xl�\�) N 50 027 SO lY ROAD OZ.5/' 155 91 — —' / EXisnNs erocs ^�Di /is q LOrg ° I B=/oo.00' AREA 5, O/67 ACRES � t, Btei' q /2. 9) ^� I 5'M/N, � WELL O n e T D Southold, N.Y. 11971 ' (516) 765-1938 April 10, 1984 Mr. Charles Horowitz P.O. Box 1411 Southampton, NY 11968 Re: Settler's at Oysterponds Dear Mr. Horowitz: The following action was taken by the Southold Town Planning Board at the regular meeting of April 9,1984. RESOLVED that the Southold Town Planning Board approve the subidivsion of Settler's at Oysterponds located at Orient subject to the filing of covenants and restrictions with the County Clerk that there will be no further subdivision of the lots in perpuity. Enclosed are the covenants and restrictions to be filed. When our office is in receipt of notice from the County Clerk stating that this has been done, the Chairman will be authorized to endorse approval.of the maps. If you have any questions, please contact our office. enc. T60/CAL SEMIAG THE WATER SUPPLY AND SEWAGE DISPOSAL FAC/L I TIES FOR ALL LOTS IN 7H/5 DEVEL OPMOV T. - COMPLY WITH THESTANDAROS ANDREOU/REM£N750A 1"k SUFFOLK OUNTYOEPARTMENT OF HEALTH. HOWARD W. WUN N. Y. S. L,4fLIC. NO. 45893 I HEREBY CERTIFY THAT THIS MAP. WAS MADE BY US FROM ACTUAL SURVEYS COMPLETED B -.'23- 83 AND THAT AL L CONCRETE MONUMENTS SHOWN THUS( ■ HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOIYN NOALL DIMENSIONAL AND GEODETIC - DETAILS ARE CORRECT HOWARD W. YOUNG,..S. L.S. LIC. No. 45893 THIS IS TD CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PL ANN/NG BOARD OFTHE TOWNOFSOUTHOLD BYR£SOLUTION OF APPROVAL DATED - " BY - -- — DATE— CHAIRMAN, ATE CHAIRMAN, PLANNING BOARD - THE LOT LINES OFSUBD/V/S/ON M ApS AS FILED, CANNOT BE ALTERED WITHOUT PERMISSION FROM THE PLANNINGBOARD, AND LOr$ MUSr B£ SOLO AS SHOWN ON THE SUBDIVISION MAP, y IL L APPEAR IN D/STRICT 1000' CK 02 OF THE SUFFOLK CW AF . 4X MAP PARCEL NUMBERS.. !Y . mi(REAL PROPERTY rAXSE, PERrY TAX sERVICF'ASE� Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD T Di PLANNING BOARD d"-Io By Di ne M. Sc ultze Secretary � 10 TN:cWIN Xt7H µnr rUUN cry AU)NtVr tl'".'r It<I IG.. 17.y UI, Inr "I .. ., •( DUCATIDN "I IM ILhL uAtil.X) NAaD SIAL W .~SM 11L 1 SHAU NOr & COtEIUr" 50 8 A YA.UD Tali! JAG 411AA PR@a YZAIIU 4 X yyLL yR•. L+IR( Tr` 71!! KG , 14, wtKhn rM 4kVTT 6 MWAt[O. Ai+fi Or I,,S 4,w IG 1If lint CO PI,W. GOYNXNMr \TAI nGM"v /Vlr' LL JI SILLi \ll'.4. H.-rtgi, 6NU rO TILLGUARrT MA TaI f rtr(n. 4l1APAM(LS INE NOi MAWfENANIf NSMUTJOII, ON SiWStJu[N; _ OWNER: CHARLES B HOROWITZ - - 127 WINDMILL LANE - w. SOUTHAMPTON, N.Y. 11968 TOTAL AREA = 67.6523 ACRES TUSD/ V/S/ON MAP OF ' SETTLE qS AT DYSTERPO/VOS AT "OR/ENT 9WIV OF SOUTHOL D i. j ' SUFI 0/-K COUNTY Il i YORK