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HomeMy WebLinkAbout2856_ RF~I~H_BR0~.~-EP~_.AU~0M(I~I~-.~SERIZ//IE--INC.F~~ // divide premises in~o ~wo Parcels', eaCh havi~g ~ ins-udd.-a~ea and width,and porposed parcel 2 having insuff, setabcks due to location of proposed i0t line. 31-2-20 & 21 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2856 Application Dated July 27, 1881 TO: Rudolph H. Bruer, Esq. Attorney for Reich Brothers__AutomotiveService Inc. Main Road Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals~held on September 9, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article IX , Section 100-93 (Bulk Schedule) [ ] Request for The public hearing on thms matter was held on July 29, 1982. Upon application of REICH BROTHERS AUTOMOTIVE SERVI~E. !NC., by Willi~ H. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 (Bulk Schedule) for permission to divide premises into two parcels, each having insufficient area and width, and proposed Parcel 2 having insufficient setbacks due.to the loca- tion of the proposed lot line. Location of Property: East side of Rocky Point Road, East Marion, NY; bounded north by Yanas; west by Rocky Point Road; south by Muir; east by Nowell; more particularly known as County Tax Map Parcel No. 1000-31-2-20 and 21. Zone District: C-t General Industrial. By this appeal, applicant "desires to purchase ... parcel currently used as an automotive repamr shop. The lot which applicant desires to purchase has insufficient area and width, and the existing building would violate the Town of SOuthold 'sideyard' requirements .... " The premises in question are located on the easu side of Rocky Point Road at East Marion and are shown on the Suffolk County Tax Map as Dis- trict 1000 Section 031 Block 2 Lots 20 and 21. The premises for which variances are required is the southerly portion of a parcel having a total frontage along the east side of Rocky Point Road of 225 feet and a depth of approximately 17.5 feet. The applicant is presently leasing the southerly 100 feet of the parcel and is presently under contract to pur- chase the leased premises and to set-off the same from the remaining northerly part. The resulting premises of the applicant will have an insufficient setback, insufficient area and insufficient width. The applicant made a previous application to this board dated September 19, 1979, for a Special ExCeption to use the premises mn question for an automotive repair shop. On October 11, 1979 this board granted the previous application upon certain conditions. Such conditions were that "no automobiles or automobile parts, dismantled or damaged vehi- cles and similar articles shall be stored in the open; and no parking of vehicles other than those being serviced shall be permitted." Another condition was "that when a conveyance is anticipated of this parcel to separate same from the northerly adjoining parcel, approval is required from the Board of Appeals for a Special Exception as re- quested in the within application and from other departments as is (CONTINUED ON PAGE TWO) DATED: September 9, Form ZB4 (rev. 12/81) 1982. CHAtR/~AN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 2856 Reich Brothers Automotive Service Inc. Decision Rendered SeptercJDer 9, 1982 deemed necessary." A further condition was anticipated of this parcel to separate same ing parcel, THE SOUTHOLD TO~q~ CL~K DATE g//~/~ HOUR ;hat "when a conveyance is item the noruhuzl~ approval ms required from the Southold Town Planning Board." This premises are located in the "C-1 General Industrial Zone" which requires a miniumum area of 200,000 square feet. It would~ appear that the premises have been zoned "C-1 Industrial" use for many years; that the building on the premmses has been used to conduct a laundry busmness; a moo busmness; and most recently as an automobile repair facility. This board believes that because of the strucuure on the premises and the long history of the uses of the premises, that to deny the application would result !n an unnecessary hardship to the owner of the premises. This board further believes that uo protect the surround- ing~ properties, reasonable conditIons must be imposed with respect to the use of the premises as an automobile repair facility. The board has visited the site and observed the condition thereof and the manner in which the applicant's business is being conducted thereon. From such observations, it is apparent to this board that the applicant has not complied with the conditions mmposed by this board in the grant of a Special Exception under its Appeal No. 2611 sznce automobiles and dismantled vehicles are, in fact, being stored in the open on the premises. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, this board hereby grants the variances applied for, sub3ect, however, to the following conditions, to wit: !. The following fences shall be constructed and all maintained upon the premises at all times in a good state of repair, to wit: (a) A stockade-type fence four-foot in height shall be erected and maintained along the northerly boundary line of the premises commenc- ing at the easterly line of Rocky Point Road and extending easterly mo a point at the northerly corner of the present building. A six-foot high stockade fence shall continue along the northerly boundary line from the four-foot stockade fence easterly to the easterly line of the premises. (b) A six-foot cyclone fence shall be maintained along the entire easterly boundary line of the premises. (c) A six-foot cyclone fence with a gate shall extend from the southeasterly corner of the building southerly to the southerly boundary line of the premises. 2. No vehicles shall be stored at any time in the front of the building, or outside of the fenced-in areas. 3. The fenced-in area to the south and east of the building ms the only area permitted to be utilized for storage of vehicles. 4. The grant of this variance shall not become effective until all vehicles licensed or unlicensed and all parts of vehicles have been located as hereinbefore provided, and such location cer%ified by the Building Inspector and further that the area of the premises has been cleaned up to the satisfaction of the Building Inspector. 5. In compliance with the previous decision (Appeal No. 2611) granted October 11~ 1979, Special Exception application and approval must be made for the current use of the premises in question. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki~ Absent was Mr. Doyen (Fishers Island This resolution was unanimously adopted. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLAS$ JOSEPH H.$AWICKJ SOUTHE]LD. l.l., N.Y. 11971 TELE?HO~E (g16) ~g-1~09 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Seuthold, a Regular Meeting and the following public hearings will be held by the Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, July 29, 198~ commencin? at 7:30 p.m. and as follows: 7:30 p.m. Application of JOHN E. and PATRICIA A. CLARK, 800 Albo Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article iII~ Section ~ ~ ~' ~ _~_ ~ ..... s ..... to ce~s~ct addition to dwelling leaving an insufficient rearyard setback at 800 Atbo Drive, Laurel, NY; bounded north by Albo Drive; west by Krogman; south by Schonewald and Macr±; east by Hubbard; more particularly known as County Tax Map Parcel NO. 1000-126-3-9. 7:35 p.m. Application of' PAUL PEDERSEN, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100-31 for permission to construct addition to dwelling 'leaving an insufficient rearyard setback at 300 Summer Lane, Southotd, NY; bounded north by Ragsdale; west by Summer Lane; south by Czelatka; east by Tillistrand; more parti- cularly known as County Tax Map Parcel No. 1000-78-9-23. 7:40 p.m. Application of MATTiTUCK...A~.R~ASE INC., Airway Drive, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section i00-$0B(1) for permission to alter and con- struct addition in a "C-Light" District located at 410 Airway Drive, Mattituck, NY; bounded north by New Suffolk Avenue and Wickham; west by Bagshaw, Peconic Corp., and Wickhs~; south by Park Avenue; east by Wickham, Parkin~ Tandy~ Wickham~ and ~olman; more particularly known as County Tax MaD Parcel No. !000-!23-t-2. 7:55 p.m. Application .of ~ARREN E. an~ ELLEN HUFE, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118(d) for permission to retain former nonconforming one-family dwelling use of existing house located in this "B-i" District. Location of Proper~y: 3900 Youngs Avenue, Southold, NY; bounded north by Harris; west by Youngs Avenue; south by C.R. 48; east by Edson; more particularly known as County Tax Map Parcel No. 1000-55-2-16.~ Legal Notice - Pa~2 Sontho!d gown Eoar~ or Appeals Regular Meeting and -u~llc Hea~ngs for July 29, 1982 8:05 p.m. Application of PETER D. PIZZA-RELLI, by Edson and Bruer, Esqs., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article ii!, Sections 100-30(A) and (C) for permission to construct an addition to an existing accessory building convert- ing s~e into a two-bedroom cottage for family and guest use in an "A" Zone, in addition to the main dwelling. Location of Property: 5710 Indian Neck Lane, Peconic, NY; bounded north by Bolson; west by Wood; south by Hog Neck Bay; east by Tuthitl; more particularly known as County Tax Map Parcel No. 1000-98-5-14.3. ~ 8:~5 of REICH BROTHERS AUTOMOTIVE SERVICE INC., Application p.m. by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to divide premises into two parcels, each having insuffi- cient area and width, and proposed Parcel 2 having insufficient .~ue to the !oca~on.~=^= ~'~ ~ .... o=~ ~ =~. ~=~ Property: East side of Rocky Point Road, .East Marion, NY; bounded north by Yanas; west by Rocky Point Road; south by Muir; east by Nowell; more particularly known as County Tax Map Parcel No. 1000- 31-2-20 and 21. Zone District: C-1 General Industrial. Dated: July 8, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Copies on or about 7/19/82 to the following: Mr. and Mrs. John E. Clark Rudolph H. Bruer, Esq., as attorney for: Mr. Paul Pedersen Mr. and Mrs. Warren E. Hufe, Jr. Mr. Peter D. Pizzarelli William H. Price, Jr., Esq. as attorney for Reich Brothers Auto. Service Mattituck Airbase, Inc. Town Clerk Bulletin Board Suffolk Times, Inc. L.I. Traveler-Watchman, !nc. TOWN OF SOUTHOLD, NEW YoRK~'~ APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. RE~ B~ AUTCk~ ~VICE 650 Rocky Point Road. 1, (We) ........... : ..................................................... of .................................................................. Name of Appellant Street and Nurr~r East Marion ..... ~..Y,.°.~..~....HER:EBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING IN~---:~EC'FOR ON ATE May 7, 1981 APPLICATION FOR PERMIT NO ..................................... D D .............. ...................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( (x) ( Name of Applicant for permit of 828 Front Street Greenport New York Street and Number Mu6icipoJity State PERMIT TO USE PERMIT FOR OCCUPANCY ) LOCATION OF THE PROPERTY ....6..5.?..~...P~...'..~...t..~..d.....~jL...'.C..~.~...~?..~.~`..I.`n..d."u~.~..t~...i..a'~ Street Use District on Zaning Mop Moa Xlo. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IX - Section 100~93 TYPE OF APPEAL Appeal s made herewith for A VARIANCE to the Zoning Ordin,ance or Zoning Map A VARIANCE due to [ack of access (State of New York Town Law Chap. 62 Cons. Lows Art, 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A Drewous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property, Such appeal was (×) request for o special c)ermit ~ ) request for a variance and was made in Appeal No .......... ..2.~...1~.. ............. Dated ...... ..C~....t~..~...1...1.,.....1.9..7...9 .............................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is reauested for the reason, that applicant desires to purchase frc~ Isaac T. Edwards part of the subject parcel (designated as Lot No. 2 c~ survey a%tached hereto and made a part hereof) currently used as an automotive repair shop. The lot which applicant desires to purchase has insufficient area and %~idth, and the existing building would violate the Town of Southold "sideyard" requir~ents. ¢Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because (a) the entire parcel, itself, cannot cc~ply with the area requir6~a~nts of the C-1 zone in respect to area or setback; (b) a separate and distinct business is being conducted en parcel 1, not owned by applicant; (c) applicant's business, autc~otive repair, is being conducted solely within the confines of parcel number 2; (d) the parcel cannot be divided so that the area and setback requirements of the C-1 zone can be met; (e) the applicant w-ill be unable to purchase the parcel of land (parcel number 2) upon which applicant's business is conducted without obtaining the requested "area variance". 2 The haFdship creeted's UNIQUE and is not shared by all ~roperties alike in the immediate vicinity of this property and in this use district because the subject property cannot meet the C-1 area or .setback.requirements with the exist, g building ,therec~. The b~qrdship is not sb~red by all properties alike in the immediate vicinity because the subject parcel is zoned C-1 unlike the surDDunding properties which are zoned "A". The hardship is ~1~o unique because there are two (2) separate, distinct and unrelated businesses being conducted on par~ets 1 and 2, respectively, which are beth legally being conducted. 3 The Yariance would observe the spirit of the Ordincmce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the district is currently z~ned Cml General Industrial District and the two (2) cc~nercial enterprises conducted on the premzses would c~ntinue as such. Any changes of the uses would be subject to site plan approval by the Planning Board. STATE OF NEW YORK ~ ) ss COUNTY OF SUFFOLK ) Sworn to this ............ Z~ ........ dav o' ............. .................................. 81 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11973 TELEPHONE (516) 765-1809 September 10, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 William H. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: Appeal No. 2856 Reich Brothers Automotive Service Inc. Gentlemen: Attached herewith is a copy determination rendered September the Office of the Town Clerk. of the formal findings and 9th and filed this date with In the event your application has been approved, please be sure to return to the Building Department after compliance with the conditions. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, Enclosure cc: Building Department (Copy of Decision) GERARD P. GOEHRINGER CHAIRMAN COUNTY OF SUFFOL~I~ DEPARTMENT OF PLANNING (516) 360-5513 lEE E. KOPP£LMAN Town of Southold Board of Appeals August 26, 1982 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Reich Brothers Automotive Service Inc. Mr. & Mrs. William E. Tuite Ann O'Sullivan 2856 3005 3018 GGN :jk Very truly yours, Lee E. Koppelman Director of Planning /./ / i , by__' ~d'-~" ::' ~ Gerald G. Newman Chief Planner VETERANS M£MORIAL HIGHWAY HAUPPAUGE' L' I- NEW YORK 11788 Southold Town Board of Appeals MAIN I~KIAD- STATE I~I~AD 25 SnUTHC}LD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Article III , Section 100-30 (A) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2856 Applicant: Reich Brothers Automotive Service Inc. Location of Affected Land: East Side of Rocky Point Road, East Marion, County Tax Map Item No.: 1000- 31-2-20 and 21 Within 500 feet of: -- Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land -- Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of kny Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to d~v~de into two parcels, each havinq insufficient area and width. & (c) Copies of Town file and related documents enclosed herewith for your review. Dated: August 19, 1982 ~ ~ ? ....... ;'~;' ~[~;; Temp. Secretary, Board-of Appeals Southold Town Appeals -11 - 29, 1982 Regular Meetin (Appeal No. 2986 - Peter D. Pizzarelli, continued:) MR. CHAIRMAN continued: closing the hearing and reserving decision. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of PETER D. PIZZARELLI, Appeal No. 2986. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was u~animously adopted. John C. Cornell asked for an explanation as to why a decision could not be made at the end of the hearing rather than "reserving decision" since people spend weeks and months waiting. The Chairman explained that by law the board must take any and all testimony presented at the public hearing, in addition to other considerations, and therefore the board choses to close the hearing and reserve decision in order to deliberate at the end of all the matters on this evening's agenda in "closed session." The Chairman said that probably two-thirds of the matters on the agenda tonight will have decisions tonight and that the applicant or his attorney is asked to call the Town Hall (our office, Building Department Or Supervisor) the next day for the action[s] taken. Mr. Cornell said he didn't understand why a decision couldn't be made immediately at the end of the hearing if there were no objec- tions made. Mr. Cornell was advised that some times there are matters which may require legal consultation and which may require further information for the record such as the history of the property, et cetera. PUBLIC HEARING: Appeal No. 2856. Application of REICH BROTHERS AUTOMOTIVE SERVICE INC., by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to divide premises into two parcels, each having insufficient area and width, and proposed Parcel 2 having insufficient setbacks due to the location of the proposed lot line. Location of Property: East side of Rocky Point Road, East Marion, NY; bounded north by Yanas; west by Rocky Point Road; south by Muir; east by Nowell; more particularly known as County Tax Map Parcel No. 1000- 31-2-20 and 21. Zone District: C-1 General Industrial. The Chairman opened the hearing at 8:20 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey prepared on July 14, 1981 Southold Town Boar~f Appeals - 12- 29, 1982 Regular Meetin (Appeal No. 2856 - Reich Brothers Automotive, continued:) MR. CHAIRM3uN continued: indicating Parcel 1 of 21,589 square feet, Parcel No. 2, which is the nature of the application 17,561 square feet with a rather large build- ing in the center of it. And we have a copy of the Suffolk County Tax Map for this parcel and showing the surrounding parcels. Mr. Bruer? RUDOLPH H. BRUER, ESQ.: Thank you. The board is very familiar, I guess, with this application...not this particular one but the property some three years ago having a Special Exception discussed and had before this board, and it was granted with certain conditions at that time. We have here a situation of a piece of property that is slightly under an acre that is zoned commercial, C-l, which'by the present town ordi- nance requires I think 200,000 square feet if you're starting out from scratch. So, obviously it doesn't comply. It couldn't even comply if it was a vacant piece of property. We have here property that has two separate distinct business uses that have been separate and distinct, though not particularly by my clients as to an automotive repair but part of the property that they occupy has for years and years and years been used as a business. I think before this it was a broom factory and before that it was some other commercial use. The property adjoin- ing the same property to the north is being used by Agway for fuel... fuel tanks,etcetera, and it was previously used by Ike Edwards in his business when he was a fuel service man from Orient and East Marion for many, many years prior to the present ordinance. We're here for an area variance. I'd like to point out and I'm sure the board members know it...the site plan approval has been approved by the Planning Board and well as their approval for the division. It is, of course, before this board because it doesn't meet the requirements of the ordinance of this particular district... 200,000 square feet, et cetera. I'd like to state that this property ...if this application is denied... I believe as a practical matter, makes it unsaleable. Who is going to buy two separate, distinct, types of businesses with res- pect to this particular type of property? I have here Bob Scott. He's a real estate broker from Greenport. He is familiar with the property, and we'll disclose to the board that he does have an interest in it. He would get a commission if this sale goes through, and so on and so forth. But he, I believe, will give you a very impartial opinion with respect to the value of this property if it's unable to be divided. Mr. Scott. BOB SCOTT: If it's unable to be divided, and there are two separate and single businesses on there, the value will be minimal if any.., and the thing is also, we have asked Agway and Agway does not want to pur- chase it (if it is not approved), the portion of it, so it would be left vacant...so that would leave relatively any value at all to the property if it wasn't zoned or the zoning wasn't changed to this. MR. BRUER: My clients have this property, or are leasing it now as your records will show from the prior hearing. They are leasing it with the idea in mind that they are permanent members of the Southold Town Boar~f Appeals - 13- y 29, 1982 Regular Meetin (Appeal No. 2856 - Reich Brothers Automotive, continued:) MR. BRUER continued: community, want to contribute to the community and want to own their own business. They have now financially got themselves into a position where they can buy this building, and have contracted and exercised their option to purchase. It's like anything else. You gentlemen are businessmen. Do you really want to work and not be able to own something that you build up, and you've put your sweat and your tears and whatever into it. I think as a humane gesture, it should be granted. I believe that if the use of this property was ever changed, we would again have to come back to both the Planning Board and probably this board, due to the commercial use and the approval of the ZBA on the change of use in it, like they had to come before. I don't under- stand why at the time of the first Special Exception...I'll withdraw that. We respectfully request that the variance be granted...that it will have practical difficulties to my client that would be unable to purchase this property. They can't afford the whole piece and they don't want the whole piece...they just want this particular piece, which they've established a business for the last three years. And established the clientale. It's not going to change the character of the neighborhood. It's already there. Actually what we're asking for is to legitimize by way of a conveyance what's a practical matter without it by way of leases. It's an existing situation. Let's face it. You'd possibly, conceivably have 100-year lease. But it's not the same thing as owning it yourself. And we request that the board grant this variance. The Planning Board in its wisdom has decided that it would be a proper application under the circumstances. And again we res- pectfully request that the variance be granted. My clients are here if you have any questions to ask them about it. Thank you. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of the application? Anybody like to speak against the application? (None) Mr. Bruer, would they have any objection to constructing a fence? MR. REICH: We put a fence up when we moved in there originally. MR. CHAIRMAN: Thereby adding some screening, some additional screening? MR. REICH: Where? MR. CHAIRMAN: We haven't discussed it, but I wanted your opinion on it. MR. REICH: We put a fence up when we first moved in three years ago...from the south side of the building at the property line, across the back and all the way across the back meeting up to the fence that ~outhold Town Board~f Appeals - 14- .y 29, 1982 Regular Meetin (Appeal No. 2856 - Reich Brothers Automotive, continued:) was existing. It would be impractical to put a fence anyplace else. We won't be able to get in and out of the building. MR. CHAIRMAN: Certainly with a gate, not just a permanent fence. MR. REICH: The only part exposed is the front of the building and the people drive in there. I don't think there should be a fence there. I can't see putting a fence there. It would be in the way. MR. BRUER: It would be practical difficulty for them to have everybody drive around and getting out of a little entrance. MR. CHAIRMAN: I didn't mean that. I meant from a certain portion of the building to the rear. It's only an opinion. I'm just asking a question. MR. REICH: Well there is a fence already there. The only other... we couldn't put up a fence between Agway's property and ours because it would be inconvenient for Agway where they pull in the tractor trailers and they use our property. We use their property sometimes. That would be the only other place you could put a fence. MR. CHAIRMAN: Thank you. Any questions from anybody concerning this application? Any questions from any board members? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until a later date. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of REICH BROTHERS AUTOMOTIVE SERVICE INC., Appeal No. 2856. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECESSED HEARING: Appeal No. 2987. Application of NORTH FORK BANK & TRUST COMPANY, by Abigail A. Wickham, Esq. for a Variance to the Zoning Ordinance for permission to construct drive-in facility with canopy extending into the frontyard area at the Mattituck Shopping Center. This hearing was recessed from the last regular meeting of the board (July 8, 1982. MR. CHAIRMAN: I have a letter from Abigail A. Wickham, Esq. requesting "the public hearing on this matter be recessed until the next regular meeting on August 17, 1982." I'll make that in a motion. MEMBER SAWICKI: Second. TOWN OF SOUTItOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 August 17, 1982 TEL. 765-1802 Re: INSPECTION REPORT Reich Brothers, BA #2611 On August 17, 1982 at approximately 11:15 the sight of Reich Brothers garage on the east Point Road, East Marion. AM I visited side of Rocky I did net observe any repair work being done outside the building. There were many cars (a few without licenses) in the front and side yards. Mr. Reich informed me those cars were awaiting final completion. This is his busy season. He also showed me a few partly dismantled vehicles to the rear of the building being held for spare parts or repair. There is a fence enclosing part of one side yard and rear yard. i took five pictures of the premises now occupied by Reich Brothers garage and Agway fuel depot, owned by Ike Edwards. (Section 031, Block 02, Lot 021.001) Sincerely yours, George H. Fisher Sr. Building Inspector GHF:ec / / / -14- ;tober 11, 1979 AUTOMOTIVE SERVICE INC., Front ii~)LD TO~N BCARD OF APPEALS . . , SOLVED, ~hat REICH BROTHERS .t, Greenport, New York 11944 (William H. Price, Jr., Esq. as ., as Lessees be GRANTED a Special Exception to the Zoning Ordi- :, Article IX, Sections 100-90 and 100-91 for permission to ~ ,re an automotive repair shop, SUBJECT to the following CONDI- That the applicants conform with the rules and regulations Southold Town Board of Appeals including (1) No major repair work to be done in the open; (2) No automobiles or automobile parts, dismautled or vehicles and similar articles shall be stored in the open; parking of vehicles other than those being serviced shall be rted; ~[b) That the applicants conform with the Southold Town Building including but not limited to, Article VII, Section 100-70; (c) That when a conveyance is anticipated of this parcel to ;~te same from the northerly adjoining parcel, approval ~s re- · xl from the Board of Appeals for a Special Exception as requested :..~ within application and from other departments as is deemed ,~ary; (d) That when a conveyance is anticipated of this parcel to .!~te same from the northerly adjoining parcel, approval is ~.red from the Southold Town Planning Board and the Board of !s for its subdivision and other procedures as may become .~ary. d ]ocation of property: north by Edwards, ~Duky Point Road. Rocky Point Road, East Mar~on, New York; east by Estate of Nowell, south by Muir, >re of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill bL!C HEARING: Appeal No. 2627. Upon application of Gertrude ,~n, Blue Marlin Drive, Southold, New York 11971 (George C. ~h, Esq.) for a Variance to the Zoning Ordinance, Article ~.ion 100-31 for permission to construct dwelling with insuf- i:ont and rear-yard setbacks, and New York Town Law Section approval of access. Location of property: Private Road, New York~ bounded north by D~vis, south by Wendell, west east by Goose Creek Lane Association. ~c Acting Chairman opened the hearing at 8:58 P.M. by reading ~lications for variances, legal notice of hearing and affi- ~ttest~ng to its publication Jn the local and official news- Notice of Disapproval from the Building Inspector and from the To%;n Clerk that notification has been made to the .~ng property owners as follows: Mr. and Mrs. Eugene I. Hart, las cf the Amended Code of .~he Town of Southold, a Regular Meeting and the following public hearing~ will be held by the Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Thursday, July 29, 1982 com- taunting at 7:30 p.m. and as follows: 7:30 p.m. Application of JOHN E. and PATRICIA A. CLARK, 800 Albo Drive, Laur- el, N.Y.for a Variance to the Zoning Ordinance, Article lit, Section 100-31 for permission to construct addition to dwell,/ lng leaving an insufficient rearyard setback at 800 Albo Drive, Laurel, N.Y.; bounded north by Albo Drive; west by .Krogman; south by Schone, wald and Macri; east by Hub- bard; more particularly known as County Tax Map Parcel No. 1000-126-3-9. 7{35 p.m. Application of PAUL PEDERSEN, by Ru: dolph H. Bruer, Esq., Main Road, Southold, N.Y. for a Variance to the Zoning Or- dinance, Article II1, Section 100-31 for permission to con- struct addition to dwelling leaving an insufficient rear- yard setback at 300 Summer Lane, Southold, N.Y.; bonnd-~/[ ed north by Ragsdale; west by Summer Lane; south by Nork- inn; east by Tiilistrand; more particularly known as County Tax Map Parcel No. 1000-78-9- 23. 7:40 p.m. Application of MATTITUCK AIRBASE INC., Airway Drive, Mattituck, N.Y. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B(1) for permission to alter and con- struct addition in a "C-Light." District located at 410 Airway' Drive, Mattituck, NY; bound- ed north by New Suffolk Avenue and Wickham; west by Bagshaw, Peconic Corp., and Wick, ham; south by Park AwM .enue; east by Wickham, Park= m, Tandy, Wickham, and Holman; more particularly known as County Tax Map Parcel No. 1000-123-1.2. 7:55 p.m. Application of WARREN E. and ELLEN HUFE, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article XI; Section 100-118(d)for permis- sion to retain former non- conforming one-family dwell- ing use of existing house located in this "B.i" District. Location of Property: 3900 Youngs Avenue, Southold, NY; bounded north by Harris; west by Youngs Avenue; south/, by C.R. 48; ernst by Edson; mote l)articnlarlv known as County T~x Map Parcel No, 1000-55-2-16. 8:05 p.m. Application of PETER D. PIZZARELLI, by Edson and Bruer, Esqs., M~in Road, Southold, NY, for a Variance to the Zoning dinanco, Article 11, Sections 100-30fA) and (C) for permis- sion to construct an addition t° an existing accessory building converting same into a two- bedroom cottage for family and guest use in an "A" zone, in addition to the main dwell. lng. Location of Property: 5710 Indian Neck Lane, Peconic, NY; bounded north by Bolson;~/ west by Wood; south by Hog Neck Bay; east by Tuthill; more particularly known as County Tax Map Parcel No. 1000-98-5-14.3. ff~8:15 p.m. Applieatinn of REICH BROTHERS AUTO. MOTIVE SERVICE INC,, by William H. Price, Jr., Esq.., 828 Front Street, Greenport, NY, for a Variance to the Zoning ordinance, Article IX, iSection 100-93 for permission to divide premises into two parcels, each having insuf, ficient area and width, and proposed Parcel 2 having insufficient area and width, and proposed Parcel 2 having insufficient setbacks due to location of the proposed line. Location of Property: East side of Rocky Point Road; a~,~,~: OF NE'vV 'fORK Patricia Wood, being duly sworn, says that she is the E~_to[, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler~Watch- msn once each week for ........................ ~ .............weeks successively, commencing on the .............. ...~...~. ............... Sworn ~.)before me this ................. ............ , permission to retain former nonconforming one,family Location of property: yotm_~s Avenue, Soutlmid, N.Y;; bounded not~ by Harris; west by YoUngs Avenue; south by C.R. 48; east by Ed~m; m~re particularly known as county TaX Map Parcel No~ 1000-5~q6. 8:0~ p.m. Appljcation of PETER D. PIZ~It~I.LI: by Road, Southald, N.Y., for a V~riance to the Zonitlg OrdinanCe, Article III, Sections l~30(A) and (C) for permimtion to construct a~ addition to an exist'~ ~ btttlding eonvcrtil~ same 'into a two-bedroom *~, N.Y.; bounded north by Bolson; west by ~Wood; south by Hog Neck Bay; east by Tuthill; more Tax Map Parcel No. 1000-98~ ' /~3'.'I$ p,m. APplication of REICH BROTHERS AUTOMOTIVE SERVICE INC., by William H. ~rice, Jif., Esq., 828. Front Street, Grnonpert, N.Y., for a Variance to the Zoning. 100-9~ f~ permiss~ to.divide premises into two parcels~ and width; and proposod parcel 2 having insufficient of P. rope~r~: East side of ~ POint Road, East Mario~ N.Y.i bounded north by Yanas; west by Rocky Point Road; south by Muir; east by Nowell; more particularly known as County Tax Map Parcel No. 20 and 2L Zone District: *Daind: July S, x~e3. - BY ORDER OF BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski, 1TJy~4~0 COUNTY OF SUFFOLK, ? ss: STATE OF NEW YORK, j · . .~...0~..G.~.~..~.~?..~.O?. ................... tieing duly Sworn, says that ~..e ...... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Oreenport, in said county; and that the notice, of which the anne~d is a printed copy, has been published in the said Suffolk Weekty Times once in each week, ~or ...... O..n.~. ................. weeks successively commencing on ~he 22n(~ day of .... ~ · .~.. ....... ua,/of .. ,.T~¥ ........... 19.8~. ....... ! ' 'r~!lfhol¢l, r" ] ~ iJ J~ will I,I. N.Y., aa Itl, Section 10U-al /or/ permission to eonMrucl addition to dwelling leaving an insufficient rearyard selhack at 800 AIbo Drive, Lanrel, N.Y.; bounded north by Albo Drive; west by Kro$.,man; south by Sebonewald and Maeri; east by Ilubbard; more particularly known as County Tax Map Parcel No. 1000-126-3-9. 7:35 p.m. Application of PAUL I'EDERSEN, by Rudolph It. Bruer, Esq. Main Read, Southo d, N.Y., for a Variance to the Zoning Ordinance, Article III, Section 100-3! for permissioq to leaving on insnffieienb/ rearyard setback at 3o0 Summer Lane, £onthold, N.Y.; b.unded north by llagsdale; west by Summer Lane; sm:th by Norklun; east by Tillistrand; more particularly known as County Tax Map Parcel No. 1000-78-9- 23. 7:40 p.m. Application of 5~[ATTITUUK AtltBASE INC., Airway Drive, Mattituck, N.Y., for a Special Exception to the, Zoning Ordinance, Article VIII, Section 100- I{0B(I) for permission to alter and construct addition in a "C- Light" District located at Airway Drive, Mattituck, N.Y.; bounded north by New,~ Suffolk Avenue and Wiekhanl west t y Bagshaw, Peconic Corp., and Wickham; sou~ by Fork Avenue; east Wickbam, Parkin, Toady, Wiekham, and Ilolman; mo~ particularly known as County Tax Map Parcel No. 1~1~ 7:55 p.m. Application WARREN E. and ELLEN IIUFE, by Rudolph It. Bruff, ~:sq., Main Road, Southol{ N.Y., for a Variance to the Zoning Ordinance, Article ~, Section l~-llS(d) for permission to retain former non con fore.lng one4amily dwelling m..~lr existing house located in th~s "B-I" District~/- · Location of Property: 3900 Youngs Avenue, Southold, N.Y.; bounded north by ttarris; west by Young:; Avenue; south by C.g. ~8; east by Edson; more particularly known as County Tax Map Parcel No. 1000-55-2-16. · 8:05 p.m. Application of PETER D. PIZZAItELLI, by Edson and Bruer, Esqs., Main Road, Southold, N.Y., fm' a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) and (C) for permission to construct an addition to an existing accessory building converting same into a two-bedroom cottage for family and guest.,' use in an "A" Zone, in addHion to the main dwelling. Location I of Property: 5710 Indian Neck Lane, Peconic, N.Y.; boundcd north by Bolson; west by Wood; south ?y Hog Neck Bay; east by l'utbill; more ~ particularly known as County ;~ 'Tax Map Parcel No. 1000-98-5- ,14.3. 8:15 REiciiP.m. Application of llllOTlt EItS AUTOMOT[VESERViCE ~ INC.. by Willia~n Il. Price, .Jr,, Esq., 828. Front Street, Greenport N.Y., for a Var anee to the Zoning Ordinance, Article IX, Section 100-93 for permissiou to divide ~remises into two parces ~' each hay ng insuffie ent area and width, and proposed Parcel 2 having insufficient setbacks due to the location of e proposed lot line. Location East side of Point Road, East arian, N.Y.; bmmded north Yanas; west by Rocky Point ltoad; south by Muir; east by Nowcll; more particularly known as County Tax/',lap Parcel No. 1000-31-2. 30 and ~1. Zone District: C-1 General Industrial .~ated: July 8, 19~2. BY ORDEI/OF TIlE SOUTI[OLD TOWN ItOAIT/) 0F AI'PEAI,S · GERARD p. GOEIIRINGEI{: CIIAIRMAN COUHT¥ OF' SUFFOLK, STATE OF I{EW YORK, ~ ss: J ~ro~r Gttatavaoia ........ being duly says that ~ ...... is Printer and Publisher of the SUFF( WEEKLY TII~IES, a newspaper published ~t Greenpozt. in county; anti that the notice, of which the annexed is a pti: copy, has been published in the said Suffolk Week~ Ti once in ea,:h week, for one suc~ssively commencing on the 22nd day of .... ~t]~.. ~ .... ................. worn to before me this/.~.g4 ..... (lay of .. JU;LX ........... '. t,.N K I,£ t~()I':, I, .JJC, SI,~Ie of Ne~, ..,..i, ,, ?L- . TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 July 19, 1982 TEL. 765-1802 Review of file: Reich Bros. Automozivs Ser.? inc. Rocky Point Road, East Marion On October 11, 1979, Board of Appeals granted approval for Special Exception to operate garage with conditions. At that time the property was owned by I.Edwards. Conditions were that should property be divided, and parcel for garage use be sold to Reich Bros., applicant shall reapply to' Zoning Board for a Special Exception for newly created lot. (Appeal #2611) On February 10, 1982, the Planning Board approved the set- off of lot, however, conditions (c) & (d) of appeal #2611 have not been met. Mr. Price, in his letter of May 27, 1982, states that the Board of Appeals has not acted on his appeal #2856 filed on July 27, 1981. On September 2, 1981 the Board of Appeals notified Mr. Price to apply for a Special Exception for this newly created lot and to date this has not been done. In addition to filing for the Special Exception, the applicant mgst also make application for a variance for the following: 1. insufficient lot area 2. insufficient lot width insufficient side yard set back from northerly line (5'-0"). (Chapter 100, Art. IX, Sec. 100-93, Art. II, Sec. 100-23 C.} It would appear that the Building-Dept. is not holding up the issuance of a Certificate of Occupancy without just cause, but that the applicant is responsible for the delay in that he has not properly filed his application with the Zoning Board of Appeals for the necessary variances and Special Ex- ception. (See Notice of Disapproval issued on June 26, 1981.) ~ Regretfully submi~d,' Building & Housing Inspector EFH:ec Southold Town Board of Appeals MAIN ROAD- STATE RE)AD 25 SOUTHFILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ;HARLES GRIGONIS, JR., CHAIRMAN ;ERGE DOYEN, JR. {OBERT J. DOUGLASS ]ERARD P. GOEHRINGER OSEPH H. SAWICKI William H. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. September 2, 1981 Re: Reich Brothers Automotive Service, Inc. Appeal No. 2856 Dear Bill: On Monday, August 31, 1981 the Board again reviewed your variance application and discussed your request to schedule this matter for public hearing. It is the consensus of the Board members that this matter be scheduled for public hearing upon receipt of the filing of a Special Exception as required in our recent decision dated October 11, 1979 in Appeal No. 2611, Condi- tions No. (c) and (d). Yours very truly, CG:lk CHARLES GRIGONIS, CHAIRMAN JR. HENRY E. RAYNOR. Jr.. Cl~airman ..ZD22.'~.q ........... JAMES WALL RENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. QW--N 91~ SOUT~HqLD 8ou~hold, N.Y. 11071 TELEPHONE 765- 1938 February 10, 1982 Mr. William H. Price, Jr. 828 Front Street Greenport, New York 11944 Re: Edwards/Reiche Brothers Dear Mr. Price: The following actions were taken by the Southold Town Planning Board, Monday, February 8, 1982: RESOLVED that the Southold Town Planning Board approve the site plan of Edwards/Reiche Brothers, located at East Marion. RESOLVED that the Southold Town Planning Board approve a set-off 106-13 on the map entitled Isaac T. Edwards, located at East Marion, subject to receipt of the $50.00 filing fee. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals/ Building Department By Susan E. Long, Secretary ACTION Ol~ THE ZOIi~IG ~,OA.RD OF APPEALS AppealNo. 2611 Dated September 19, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF T~L5 TOWN OF SOUTHOLD To REICH BROTHERS AuToMOTIVE SERVICE INC. Appelant Front Street Greenport, NY 11944 (William H. Price, Jr., Esq. as agent) at a meeting of the Zoning Board of Appeals on October 11, was considered and the action indicated below was taken on )-our ( ) Bequest for variance due to lack of access to property IiX) Request for a special exception under the Zoning OrS~-~-ce ( ) Request for a variance to the Zoning Ordinance ( ) 1979, the appeal 1. SPECIAL EXCEPTION.' By ~solu~on ~ the Board ~ wu de.trained th~ a sp~ exception ( ) be ~anted ( ) ~ denied pnssu~t ~ Article ................. ~. S~tion ........... Subsection .................. p~a~ .................... of ~e Zoning Ordinan~ and the dee~on of ~e Builclin~ I~pector ( ) be reversed ( ) be '~eo~h~n~ b~mu~ 8:00 P.M. Uponapplication of Reich Brothers Automotive Service Inc., Front Street, Greenport, New York (William H. Price, Jr., Esq.), for a Special Exception to the Zoning Ordinance, Article IX, Sections 100r90 and 100-91, for permission to operate an Automo- tive'Repair Shop.· Location of property: Rocky Point Road, East Marion,~New York; bounded north by Edwards, east by Estate of Nowell, south by Muir, west by Rocky Point Road. (SEE REVERSE.) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardshlp.because ~. , 'SEE REVERSE. (b) The hardship created (is) (is n~t) unique and (would) (would not) be shared bl, all properties alike in the immediate vicinity of th~s property and in the same use district because SEE REVERSE. (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE. and therefore, it was further determined that the requested variance ( ) be granted ( APPI UVi:U Foa~-~-C~airman g'6~rd of Appea~ ) be denied and After investigation and inspeCtion, the Board finds that the applicants are requesting a Special Exception as lessees with an option to purchase the subject parcel, which has become merged with its northerly adjoining property because of same ownership. The application for a Spec~:al Exception is within reason. The Board'agree. s ·with th~"~easoning of_ the applicants. The Board fl. nds that strict application of the ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by ali properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that REICH BROTHERS AUTOMOTIVE SERVICE INC., Front Street, Greenport, New York 11944, (William H. Price, Jr., Esq. as agent)', as Lessees be GRANTED a Special Exception to· the Zoning Ordinance, Article·IX, Sections 100-90 and 100-91, for permission to operate an automotive repair shop, SUBJECT to the following C.oNDITIONS~ (a) That the applicants conform with the rules and'regula- tions of the Southold Town Board of Appeals including:· '~(1) No major repair work to be done in the open; (2) No automobiles or automobile parts, dismantled 6r damaged vehicles and similar articles shall be stored in the open; and·no parking of vehicles other than those being serviced shall be permitted~ .- ~ .. (b) That the apPlicants conform with the Southold Town Buildinq Code, including but not limited to, Article VII, Sec- ~ That when a conveyance is anticipated parcel of this to ~ate same from the northerly~adjoining parcel, approval is required from the BOard. of Appeals for a Special Exception as requested in the within application and from other.depart- ments as is deemed necessary; 0;~ ~ ~That when a conveyance is anticipated of this parcel to separate same from the northerly adjoining parcel, approval is required·from the Southold Town Planning Board and the Board of AppeDls for i~s subdivision an~other procedures as may become necessary~ ~ ~ ~- ~. k~ ~~ ~ Location of Property: Rocky Point Road, East Marion,· New York; bounded north by Edwards, east by Estate of Nowell, south by Muir, west by Rocky Point Road. · Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. y~N~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To .~..~.cy.~.?...~..-.~., .~...~ff~.-..~..C....~. ....... .... .... :. ...... ~.~..~Z.. ~?.~ L~t. ~.~ ~ k~, PLEASE TAKE NOTICE that your application dated ............... for ~ct ............................................................ at Location of Property ~'~ ........ ~ ~ .... t?.'~ .... 2~C~ ....... ~.~.. ~.~'~ Houso ~o. ~treot Hamlot County Tax Map No. 1000 Section ~ I Block Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~...N.O...~.~.B.~. ?. ~.~ ! o. ~.....A.~.~...'~.QV/~ ~ Building Inspector RV,1/~O . ~ ~ ~/~/ APPLtCA~ U~. F~ ~A~ tt~ ~/~Zb ~ SHO~,T EHVIRONHEN'[AL ASSESSMENT'FORh~ ('o) 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, research or other investigations will be undertaken. (b) I£ any question has been ans~ered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. . '. (dj E'nvironmental Assessment .. 1. ¥/±11 project result in a large physical change to the project'site or physically alter mere land? Yes x No than l0 acres of ......................... 2. ¥till there'be a major change to any unique or -unusual land form found on the site? ........... Yes x 3. ¥/i~1 project alter or have a large'effect on . existing body of water? ....................... Y~s x No 4. ¥fill project have a potentially large impact · on groundwater quality? ....................... Yes.x'No, _ 5. ¥1ill project significantly effect drainage '. flow on adjacent sites? Yes x No 6. ¥/ill project a£fect any threatened or endangered plant o~ onlmol species? ........... Yes x' No 7. ¥1±11 project result in o major adverse effect '' on air quality? .............. - ................. .. YesX No 8. ¥Ii~1 project have a major effect on visual character of the community or scenic views or. vistas known rathe important to the community?. 'Yesx'No ?. Will project adversely impact any site or .- . structure of histozlc, prehistoric or paleontological importance or any site designated as a crlticai envlronmental area by a local agency? ............ -.:..-~-- ;.. ........ .......~. YesX No la. W±ll project have a major effect on existihg or future recreational opportunities?. ......... . YesX No ~1. W~ll project result in.major traffic problems '' o~ cause a major effect to ex-isting transoortation systems? ....................... Yesx No ~2. Will project .regularly cause objectionable odors, noise,' gla~e, vibration, or electrica~ disturbance as a result of the project's operation? Yes X No ~3. Will project have any impact on public health ' or.safety? .... 14. Will esx No directly causing a growth in permanent population of more than 5 percegt over a one year period or have o major negative effect on the chara%ter of the community or neighborhood? ................................. .. Yesx No 15. Is there public controversy concerning the project? ...................................... . Yesx No PREPARER'S SIGNAIURE ~EPRESENTINGREICH BROTHERS AUTOMOTIVE SERVICE, INC. DATE July 24, 1981 TOWN OF SOUTHOLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ ~f>'&"~ DAT 1, (We) ........... ; ..................................................... of ................................................................... Nome of Appellant Street and Number ~'~t MarJ~ ..... ...I~......~..o...~.. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... r~,~'r~r~ Ftxg ?~ 198]. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (m) Nome of Applicant for permit of ....... .................. .................... ................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...?.5.~,,~...~....~...~...~ ............ .?..]'...~.,~.~. Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IX - Section 100-93 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was (X) request for a special permit ( ) request for a variance 2611 ~ 11, 1979 ond wos mode in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that a~:)lioant c~_~ ~ ~ of ~d "~" ~,~. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because (a) the e~'~e parcel~ itself~ csr~ot ,~--,-~,ly with the area ~-t/n~ bus/n~$ is ~ o=~u~d ~ ~ 1, not ~ by ~,l~o~nt~ (c) ~~~~of ~ ~l ~~; (e) ~~l~ 2. The hardship crew:ted is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~ su~ec~ ~.~ ~ ~ "A#. ~e hardship is also unique because there are t~o (2) sepal-ate, disttnct and unze/at~d busimmses ~dng cur~__ ___'~c~e~ ~r~ parc~l- 1 and 2, respecti~y, ~[ch 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ di~::L~: .LR c~rl"ent~¥ ~ 0-1 ~ si~ p~,~ ~o~al by the Plann/n~ Board. STATE OF NEW YORK ) ) ss COUNTY OF SL~'~%u.~ ) Signature Sworn to this '?~ < day of ....................................................... 19 81 Notary Public IRVING L. PRICE; ,JR. ~IOTARY p'&~,LI$, S,~ATF.. CF NEW YORK ~e6id~lg i~1 F.~'f~}~ ~. I~t time. of a~l~i.~men' My I~mmissian I~Dir~s r~arch 30. Ia BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : REI(/~ BROTHERS AUTC~OT/VE SERVICE, INC. : to the Board of Appeals of the Town of South01d : TO: Eugene J. Yanas G.S. Nowell T~ccna Road RD No. 6 ~a~n POa~ Mahopac, New York 10541 East Maric~, New York 11939 NOTICE J.A. Muir Main Road East Marion, New York 11939 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~)::(~la~el~lll~(~l~(%1~ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 650 ~::x~]~ l~oint Road, .~:q~t Ma~lc~ N.¥.~ b-~folk (3ou~ Tax Ma~ No. 1000-031-02-020 & 021~ bounded on the east by lands of Nowe11~ ~ on the no~th by lancls of Yanas, bounded on the west by Rocky Point Road, bounded on the south by lands of Muir 3. That the property which is the subject of such Petition is located in the following zoning district: C-1 General Industrial District 4. That by such Petition, the undersigned will request the following relief: A va:iance 'co es~-ah]~sh two (2) lots, each with insufficient area and width, one of which having an existing building which will have insufficient side yard. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Chapter 100~ Article IX~ Section 100-93 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. 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 Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to a~ppear and be heard at such hearing. Dated: July 23, 1981 ~~ Petitioner- ~ICH AUTC~J,',VE Sw-'~VICE,INC. By: WIT,T.TAM H. pRICE, JR., Attorney Post Office Address 828 F:ud: S~reet (:ke~ ~ York 11944 NAME G.S. Now~] ] PROOF OF MAILING OF NOTICE ADDRESS T--~'C~a B~ RDNo. 6 Mahcpac, New York 10541 East Marion, New Ycxk 11 M~n Boad w~t Mari~, New York ]_Ii P17 7821177[ R,:C£mT C,mTIFPm NO INSURANCE COVERAGE PROVIDED-- NOT FOR iNTERNATIONAL MAIL (See Reverse) SENTTO sTMr~_Euqene j~ YanaS REET~ND NO Lacona Rd l~D N0. 6 P0 , STATE AND ZIP CODE Mahopac, N.Y. 10541 $ POSTAGE -- CERTIFIES FEE ~ ~ESTR~CTED DELIVERY i '~ S~TO W~M AND OATC AgDRESS OF 9ELIVERY WITH ~. )OSTM~TE ~ 7/24/81 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: gat_Z3y A. Naz~e~.:~J , residing at C33estnt~ ~oac3., gout.hold, ~ York , being duly Sworn, depdses and says that on the ~7/'~day of July ,19 81 , deponent mailed a true Copy of the Notlce 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 Southold .; that said Notices were mailed to each of said persons by (certified) (le~) mail. Sworn to before me this ,~ ~/ day of R July ~, 1~ --- '7otary~ubiic / ' IRVING L. pRiCE, JR, I~OTAR¥ pUBLtG, STATE OF NEW ~ i~ ~'f~k 6e. at time of aR~i"tmem I~y ~0111111~i011 Il(piles March 30, Re: Reich Brothers Sept. 19, 1979- application for Special Exception to Operate Garage was filed. Oct. 11, 1979 - Hearing was held on above application. Conditional Approval was also rendered later in the evening. Conditions (c) and (d) read as follows: (c) ...when a conveyance is anticipated...to separate the (southerly) parcel from the northerly parcel, approval is required from ZBA for a Special Exception (if the use is to be continued as an auto repair shop) and (approval) from other departments as is necessary; (d) ...when a conveyance is anticipated of this parcel to separate same from the northerly...parcel, approval is required from the PB and ZBA for its subdivision and other procedures as may become necessary. Feb. 10, 1982 - Applica~ received the following from the Planning Board; 1. Set-Off approval to separate lots. 2. Site Plan approval (consistent with 10/11/79 ZBA action) July 27, 1981 - Application for area variance filed with Town Clerk. Letter was sent to Bill Price advising him of Board's opinion. STATUS WITH THE Z.B.A. as of ~//~/~ Await filing of application for a Special Exception inasmuch as the propos.ed purchaser of the southerly parcel anticipates to continue the "auto repair shop" (the approval received by the Z.B.A. on 10/11/79 involved the entire premises, both the north and south parcels~for a total acreage of .8999). The density of lot area is being reduced for the "auto repair shop" use and the Z.B.A. required return to them in their 10/11/79 decision for "review" as amended. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 July 19, 1982 TEL. 765-1802 Review of file: Reich Bros. Automotive Ser., Inc. Rocky Point Road, East Marion On October 11, 1979, Board of Appeals granted approval for Special Exception to operate garage with conditions. At that time the property was owned by I.Edwards. Conditions were that should property be divided, and parcel for garage use be sold to Reich Bros., applicant shall reapply to Zoning Board for a Special Exception for newly created tot. (Appeal #2611) On February t0, 1982, th~ Planning Board approved the set- off of lot, however, conditions (c) & (d) of appeal #2611 have not been met. Mr. Price, in his letter of May 27, 1982, states that the Board of Appeals has not acted on his appeal #2856 filed on July 27, 1981. On September 2, 1981 the Board of Appeals notified Mr. Price to apply for a Special Exception for this newly created lot and to date this has not been done. In addition to applicant mgst also following: filing for the Special Exception, the make application for a variance for the 1. insufficient lot area 2. insufficient lot width 3. insufficient side yard set back from northerly line (5'-0"). (Chapter 100, Art. IX, Sec. 100-93, Art. II, Sec. 100-23 C.) It would appear that the Building Dept. is not holding up the issuance of a Certificate of Occupancy without just cause, but that the applicant is responsible for the delay in that he has not properly filed his application with the Zoning Board of Appeals for the necessary variances and Special Ex- ception. (See Notice of Disapproval issued on June 26, 1981.) nda Item fo~ ~ / ~z.~ Res~ctfully~_~ submi~e'd[/ E~wa'V~'~ F~ H~nde~mann Buildinf & Housin~ Inspecto~ ) ZBA Chairman/Members copies ) ~uildinE Dept. ) P2cnning Beard ) Xlfl~<:~t or his 2gent ) C-'igi:-~AF~b~cZEA file ) Comments or Reply Requested Mr. George H. Fishe:c Senior Building Inspector Building Department Town of Southold Main Road Southold, New York 11971 May 27, 1982 oarrl Tom'] Re: Reich Brothers Automotive Service, Inc~ Dear Mr. Fisher: I am in receipt of yours of May 25, 1982. Please be advised as follows: Enclosed please find copy of letter from the Southold Town Planning Board dated February 10, 1982 showing that the site plan has been approved by the Southold Town Planning Board and that the Planning Board has approved a set-off pursuant to Section 106-13 of the Southold Town Code. The Planning Board of the Town of Southold was adopted pursuant to Article 16 of the Town Law of the State of New York. Article 16 of the Town Law of the State of New York contains Sections 260 through 284 inclusive. Section 281 of the Town Law provides: ...The town board is hereby, emDowered by resolution to authorize the planning boa~?d, simultaneously with the approval of a plat or plats pursuant to this art~icle to modify applicable provisions of the zoning ordinance, sx~bject to the contritions hereinafter set forth and subject to the reasonable conditions as the town board may in its discretion add thereto .... Section A106-13 of the Southold Tewn Code and its definition of subdivision in respect to set-offs provides: ...(3) Whether the lot to be set off is of ~uch size as to conform with the pre~ent or future development of neigh- boring lands .... Mr. George H. Fisher -2- May 27, 1982 ...B. If the planning board grants approval to set off a lot as herein- before provided, it may impose such conditions as it deems necessary or appropriate .... I again draw your attention to the Planning Board approval of February 10, 1982 showing that there has been no conditions imposed. In respect to the appeal for a variance which you are requesting: Ba~ed upon the foregoing, it does not appear that'a variance is aecessary. However, I draw your attention to the.fact that an application for a variance was filed with the Southold Town Clerk on July 27, 1981 under Appeal No. 2856. That application was made fOr the sole' purpose of avoiding litigation with the building inspector's office. However, it appears that confusion reigns in perpetuity in respect to this application. I will be contacting the Town Clerk and the Zoning Board of Appeals to ascertain why no hearing was ever held. We will proceed under protest to go forward with the variance application. Once again I do not believe that same is statu- torily required. In respect to your requirement that another special exception be obtained: Again we will proceed under protest to obtain the special exception. Of course, you realize that such a special exception will entail another hearing before the Zoning Board of Appeals and a subsequent review by the Southold Town Planning Board over the site plan which has already been approved. This makes absolutely no sense to me. Please let me know within ten (~0) days of the date of this letter whether or not a certificate of occupancy will be issued in the event that the applicant obtains (1) a var- iance and (2) a special exception with the attending site plan approval over the site plan which has already been approved. WHP :karo Enclosure cc : Very truly yours, Supervisor William R. Pell III Councilman John J. Nickles Councilman La~re~ce Murdock Linda Kowalsk[, Secretary, Z.B.A. ~Ge~ard P. Goe%ringer, Chairman, Z.B.~. Henry E. Rayn)r, Chairman, Planning Board Susan E. Long, Secretary, Planning Bcard Mr. Robert I. Scott Frederick J. 'edeschi, Esq. HENRY E RAI'NOR. ,Ir.. Cka&"~ ,,I AM~ WALL BENNE~ ORaL ~r. O~OR~E RI~ LA~A~. William F. ~ullen, Jr. T( LD S~Y Southold, N.Y. 11971 TELEPHONE 765-1938 February.10, 1982 Mr. William H. Price, Jr. 828 F~ant Stree[ GreenPor[, Hew York 11944 Re: Edw~rds/Reiche Brothers Dear Mr. Price: The following aotions %lere taken by the Southold Town Planning Board, Monday, February 8, 1982: RESOLVED that the Southold Town Planning Board approve the site plan of Edwardm/Reiche Brothers, located at East Marion. RESOLVED that the SouthOld Town Planning Board approve a set-off 1~6-13 On the ~p entii'.led Isaac T. Edwards, located at East Marion, subje¢~ ~o reo~pt' of '~'.he $50.00 filing fee. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN $OUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secret~ cc: Board of Appeals Building Departmelt ,f x9,r~ LiNE SEE SEC 'NO 038 AKER. JR Legend