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HomeMy WebLinkAbout3459 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3459 Application Dated January 24, TO: ]25-]27 Main Street Corp. 125 Main Street Greenport, NY 11944 1986 (Public Hearing 3/13/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 3, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [×] Request for Special Exception under the Zoning Ordinance Article VIII Section 100-80(B) [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to utilize premises and construct addition for the manu- facture of sails, canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Industrial Zoning District. Location of Property: 74100 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-45-06-004: WHEREAS, a public hearing was held and concluded on March 13, 1986, in the Matter of the Application of 125-127 MAIN ST. CORP: (MILLS & CO.) under Appeal No. 3459; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area~ and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that no public opposition has been received; and WHEREAS, the board made the following findings of fact: 1. The property in question is identified Tax Maps as District 1000, Section 45, Block 6, an area of 1.966 acres with 140~ frontage along the Main Road, Greenport, and is zoned "C-Light" on the Suffolk County Lot 006, consists of the south side of Industrial. 2. By this application~ applicant requests a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permis- sion to establish use of premises for the following various uses as noted by applicant's letter of March ]2, 1986: (a) manufacture of sails and canvas products, 16,400! sq. ft. in area; (b) office space, 2,500 sq. ft., more or less, (c) trade display area, 450 sq. ft., (d) restrooms, utilities and storage areas, 1,100± sq. ft., all as more particularly shown by floor and site place_submit.ted under this application. (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOI OF APPEALS DATED: April ll, 1986. Form ZB4 (rev. 12/81) AND FIi ED BY D T~n .~}~,GT~P~ Page 2 - Appeal No. 3459 Matter of MILLS & CO. Decision Rendered April 3, 1986 3. The subject premises is presently improved with the follow- ing structures: (a) 50' by 40±' one-story building set back 39 feet from its front property line along the Main Road and nine feet at its closest point from the easterly property line; (b) 100' by 70±' one-story building set back 115± feet from its front property line and 10' at its closest point from the easterly side property line. 4. New construction is proposed as follows: (a) 50±' by 50' one-story addition connecting the two existing buildings and maintaining the established 10' sideyard setback, and (b) 85' by 100' one-story addition at the rear of the most southerly building also maintaining the established minimum setback at 10', (see site plan of January 23, 1986 prepared by Alfred K. Barteld, R.A.) 5. For the record, it is noted that there is a Certificate of Occupancy dated August 11, 1966, No. Z2505 issued to Andrew J. Campbell for occupancy as a "business building - public garage." 6. To the best of this board's knowledge, this been used for many years as a new and used car sales with office use incidental thereto. property has dealership 7. By letter dated February II, 1986, the Southold Town Planning Board has not commented on the site plan layout, parking, etc., however, does agree with the use of manufacture of canvas products.* In considering this application, the board has determined: (1) the uses proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use dis- tricts, (2) that the uses will not prevent the orderly and reasonable use of permitted or legally established uses in this district, or of permitted or legally established uses in adjacent use districts; (3) that the safety, health, welfare, comfort, convenience, or order of the town will not be adversely affected by the proposed use and its location, (4) that the use will be in harmony with and promote the general purposes and intent of the zoning ordinance. The board also has considered items (a) through (1) of Article XII,, Section 100-121[C](2) of the zoning code. Accordingly, on motion by Mr. Douglass, seconded by Messrs. Grigonis and Sawicki, it was RESOLVED, the the Application in the Matter St. Corp./Mills & Co. for a Special Exception as No. 3459, BE AND HEREBY IS APPROVED for the uses and SUBJECT TO THE FOLLOWING CONDITIONS: of 125-127 Main applied under as noted, supra, *l. Any alteration of the plans under consi or requested uses will require reapplication to of Appeals and Planning Board for the necessary and site plan amendments, etc. deration herein the Zoning Board Special Exception 2. There be no backing out onto the Main Road at any time. 3. Final site and parking approval by the Southold Town Planning Board in accordance with Article XIII. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk G~RI~GER, C~i~ RMA~ ' April ]1, 1986 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MARCH 13, 1986~ and as follows: 7:30 p.m. Appeal No~ 3432 - Recessed Hearing JOHN AND JOYCE HOLZAPFEL. in the Matter of 7:35 p.m. Appeal No. 3457 ~ RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances to the Zoning Ordinance: (l) Article III, Section 100-31, Bulk Schedule, for excessive lot coverage, and (2) Article XI, Section 100-119.2 for reduction in the required Setback from bulkhead and tidal waters to less than 75 feet. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport; Cleaves Point~ Section 3, Map #4650, Lot 59; County Tax Map Parcel No. 1000-35-05-28. 7:40 p.m. Appeal No. 3452 - PAUL FORESTIERI for Variances to~ the Zoning Ordinance~Articlel I'II~ Sect~on~lOO~31,~Bu!k Schedule for permission to locate new dwelling~with insufficient front and rear yard setbacks. Location of Property: East End of Sound View Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subdivi- sion, Lots 1, 2, 3, 4, 5~ County Tax Map ~arcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470 - ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct addition of 190± sq. ft. in area which will exceed the maximum-permitted the lot coverage requirement of 20%. Location of Property: 17195 Main Street (a/k/a 720 Second Street), New Suffolk, NY; County Tax Map Parcel' No. 1000-117-08-13. 7:50 p.m. Appeal No. 3447 - PUDGE CORP. for a Special Exception to the Zoning Ordinance, Article VIII, section lO0-80(B) for'permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85: professional offices; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop, cabinet shop; printing estab- lishment; food processing; packaging of machine parts to be shipped; such uses as:allowed in this C-1 Heavy Industrial Zoning District. Location of Property; East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 7:55 p.m. Appeal Noo 3459 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to utilize premises and construct addition for the manufacture of sa~ls~ canvas products and related items, and incidental thereto~ in this "C-Light" Industrial office and storage area Zoning District. LocatiOn of Property: 74100 Main Road~ Greenport, County Tax Map Parcel No. 1000-45-06-00~. 8:00 p.m. Appeal No. 3465 - VELIMIR AND HEDA VRANKOVIC for a Vaniance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of the construction of second-story deck addition with an insufficient frontyard setback. Location of Property: 1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p.m. Appeal No. 3460 MICHAEL J. PERLMUTTER, M.D. for a Variance to the Zoning Ordinance, Article III, Section lO0-30(C)[1](a) for permission to utilize premises and addition for accessory home occupation use 30% first floor Mattituck; Deep Tax Map Parcel (physician's office) in excess of maximum-permitted area. Location of Property: 2035 Theresa Drive, Home Creek Estates Filed Map 4256, Lot 59; County No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450 - ROSALIE GOWEN for ~ariances~to]tbe~ Zoning Ordinance, Article III, Sec.tion 100-31, Bulk Schedule, for approval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road, CPt. Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map #1672~ Lots 134, 153, 154; County Tax Map Parcel No. 1000-106-02-32 and 43. 8:20 p.m. Appeal No. 3474 DAVID M. JOHNSON for a Variance to the Zoning Ordinance, Article III, Section 100-31~ Bulk Schedule~ for permission to construct addition with an in, sufficient sideyard setback and in excess of maximum-permitted 20% lot coverage. Location of Property: 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. 8:35 p.m. Appeal No. 3463 - EDMUND PRESSLER for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, and Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting of March i3, 1986 Article VII, Section lO0-70(A)[l](d), for permission to utilize premises of 687912 sq. ft. in area as a continuing nonconforming two-family dwelling and add two retail sales/office uses in this "B-l' General Business Zoning District. Location of Property: North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-63-3-26. 8:45 p.m. Appeal No. 3455 - KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XII, Section lO0-121(D)[1] for a clarification and/or correction of the ~nte.rpretation of the Building Inspector of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 'which allows no sleeping or 1-iving quarters in the accessory garage/apartment structure. Location of Property: 6600 (6r 6750) Indian Neck Road, Peconic, NY; County Tax Map Parcel Not 1000-086-07-004. 8:55 p.m. Appeal No. 3421 - Recessed Hearing JOSEPH ZIELONKA to be reconvened. ESTATE OF 9:05 p.m. Appeal No. 3451 z BEDELL WINERY/VINEYARDS for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for permission to establish winery use from grapes grown on the premises, located at 36225 Main Road, Cutchogue, NY; County Tax Map Parcel NO. 1000-85-02-10. 9:10 p.m. Appeal No. 3456 ~'RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed lots ~aving insufficient area, width and/or depth in this pending-division of land, located at the East Side of Queens Street, Greenport, NY; .County Tax Map Parcel No. 1000-40-3-6. 9:20 p.m. Appeal No. 3466 ~ GREGORY SIMONELLI for a Variance to the Zoning Ordinance, Article-III, Section 100-31, Bulk Schedule, for approval of proposed lots having insufficient area and width in this pending division of land, located at the East ~d~So~th Sides of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. 9:25 p.m. Appeal No. 3475 - JOSEPH H. SAWICKI, JR. for a Variance for approval of'access pursuant to-New-York Town Law, Section 280-a, over a private-right~of-.way located off the South Side of Old North Road, Southold, NYz premises presently of Schaefer and identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, Lot 4. 9:30 p.m. Appeal No. 3453 , ~AMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Ordinances- Article Iii, Section 100-31, Bulk Schedule, for approval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road, Peconic, Page 4 Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 NY; County Tax Map Parcel No. 1000-86-4-1.2, consisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons or representatives d~siring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information~ please call 765-1809 (alt. 1802).. Dated: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lk INSTRUCTIONS TO NEWSPAPERS: March 6, 1986 and forward Board of Appeals, Main Road, before March ll, 1986~ Please publish once, to wit: affidavits of publication to: Southold, NY 11971, on or Mr. NY 11 971 Copies to the following 3/4/86: Mr. and Mrs. John Holzapfel., 825 South Harbor Road, Southold, Mr. Garrett A. Strang, Architect for Mr. and Mrs. Ralph Stocker, P.O. Box 1412, Southold, NY 11971 Mr. Paul Forestieri, 300 East 54th Street, New York, NY 10022 Mr. and Mrs. Athanas Zamphi~off, P.O. Box 255, New Suffolk, NY 11956 James Gray, Sr., Pudge Corp., P.O. Box 1465, Southold, NY 11971 Mills & Co., 125-127 Main St. Corp., 125 Main William D. Moore, Esq. (c/o R.F. Lark, Esq.), for Mr. and Mrs. Velimir Vrankovic Michael J. Perlmutter, M.D., 2035 Theresa Abigail A. Wickham, Esq. for Mrs. Rosalie Street, Greenport, NY 11944 P.O. Box 973, Cutchogue, NY Drive, Mattituck, NY 11952 Gowen, Box 1424, Mattituck 11952 Mr. and Mrs. David M. Johnson, Koke Drive, Southold, NY 11971 Gary Flanner Olsen, Esqo, for Mr. Edmund Pressler, Box 706, Cutchogue 11935 Richard F. Lark, Esq. for Mrs. Kathleen B. Varano, Box 973, Cutchogue 11935 William W. Esseks, Esq. for Mrs. Odell and Katzenberg, Box 279, Riverhead Mr. John Wickham, for the Estate of J. Zielonka, Main Road, Cutchogue 11935 Mr. Merlon Wiggin, President, Peconic Assoc. for Bedell Winer~ P.O. Box 672, Greenport, NY 11944 Richard F. Lark, Esq. for RICHARD AND ANITA WILTON Gary Flanner Olsen, Esq. for GREGORY SIMONELLI Mr. Joseph H. Sawicki, North Road, Southold, NY 11971 Mr. John DeReeder as agent for MR. AND MRS. SAMUEL KOPPER Mr. and Mrs. Samuel K.C. Kopper, 310 Plymouth St, Pembroke, MA Town Clerk and Z.B.A. Bulletin Boards Supervisor, Town Board, Z.B.A., P.B., and Building Dept. Individual Z.B.A. files 02359 11 FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date .~.~~.,../.(e .... ,19 .~.(o. PLEASE TAKE NOTICE that your application dated. ~%~. :(2M~v~o~..I..~'~ ....... ,19 .qO.~.. ............ Location of Property//g3e~o/:0..O ........ . .~..a~.'...~,~{ ........ ..~ jl_g.z,~~/e} County Tax Map No. 1000 Section .... Q .~..~'. .....Block .... .O.G ...... Lot .... .(~ .~ ...... Subdivision ................. Filed Map No ................. Lot No ................. is returned herewith and disapproved on the following grounds...D'~. 0~.', .-~... ~,, .... qcP-~, . . .W. ~,-~,..~....0~...& ............................................................ ~ ~_~ ~ '~c~-~. ~ Building inspector RV 1/80 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~ ,,,o ................................ Date.. ~.~.~. . ,~~*~.~..~.~ .... ~,r~,~. ~ z~ .~. ~LEAS~ T~E NOTICE that your ~ dated .......................... St~et Hamlet Co~ty ~ ~ ~o. ]ooo s~tio~ ...~G.~... ~ock .. ~.~ ....... ~t ...~.~ ..... Subdivi~on ........ ~ ...... F~ed Map No. " ~t No. ~ returned herewith and disapproved on ~e follow~g grounds~ Bufld~g Inspector RV 1/80 JAN 198 TOWN OF $OUTHOLD, NEW YORK Ai~PLICATION FOE SPECIAL EXCEPTION TO THE ZOI~NG BOARD OF At'PEALS, SOUTHOLD, N. ¥. 1/. /86 ....... ............. 125-127 Main St. Corp. ~f 125 Main Street (We) Nmme (Mills & Co. ) Street and Number .q E?..q,n..R .o..r..t. .................................................................... .Ncw...Yq.rk ................................................................... Municipality State hereby apply to T~IE ZONING BOAF, D OF Ai~PEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE 100-80 SECTION B SUBSECTION THE 1. SPECIAL EXCEPTION IS REQUESTED BECAUSE Because the applicant proposes to utilize the subject parcel for the manufacture of sails, canvas products and related items. 2. Because the previous use was an automobile dealership. 3. Because there exists on the subject parcel two substantial buildings. 4. Because the applicant wishes to utilize the two existing buildings for manufacturing purposes. The applicant needs to ADD to the buildings in order to have sufficient space and appropriate configuration of floor area for the manufacturing process. 5. Because the property is zoned "C Light Industrial." 6. Because the proposed lot coverage will be 20,190 Sq. Ft. The land area is 85,668 Sq. Ft. The lot coverage will not exceed 24%. '7. Because the ordinance contemplates a manufacturing use at this site. 8. Because if the use is denied the applicant would have difficulty in relocating its business within the to~n. 9. Because the use as proposed further assures an ordinate site for industry as conforming uses will. It will enhance the appearance of the immediate area, and will help to assure the needed employment of the citizens of the Town of Southold. County Tax Map District 1000, Section .~/.~, Block o~ , Lot o~ COLrNTy OF ~-~ k- ) Signature ~uo~if~ed in Su~oik FORUM ZB2 OWNER FORMER OWNER RES. LAND AGE NEW FARM Tillable Woodland Meadowland House Plot Tara[ OF $OUTHOLD VL. FARM IMP. TOTAL DATE BUILDING CONDITION BELOW ABOVE NORMAL Acre RECORD CARD Volue FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH /~V, BULKHEAD DOCK / .fO ' Value Per Acre REMARKS CB. MICS. Mkt. Value VI LLAGE SUB. LOT E' ACR. W TYPE OF BUILDING ~ M. Bldg. Extension Extension : Extension Breezewa, Garage '79 x?o ' ~ .TJ_,~t. Wans Fire Place Porch Porch Patio Driveway Bath Floors Interior Finish Attic Rooms 1st Floor Rooms 2nd Floor