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TOWN OF SOUTHOLD, NEW YOKK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2957 by application Dated February 26, 1982
Filed March 3, 1982
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To
Richard F. Lark, Esq.
Main Road
Cutchoque, NY 11935
Appellant
at a meeting of the Zonin~ Board of Appeals on ~larch 19,
was considered and the action indicated below was taken on your
( ) P,~quest for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance Art. VI,
( )
1982
Section 100-60
the appeal
~anted ( ) be denied p~suant ~ Article .................... Sect~n .................... Subsection .................... paragraph
.................... of the ~ning~din~ceanctthedecislonof the Building Iuspector ( ) be reversed ( ) be
cF~wa~ Public Hearing 3/19/82: Application of Walter N.
Pharr, Jr., 360 South Harbor Road, Southold, NY (by Richard F.
Lark, Esq.) for a Variance to the Zoning Ordinance, Article VI,
Section 100-60 for permission to use premises zoned B-Light for
wholesale sales (in addition to retail sales, a permitted use).
Location of Property: North side of C.R. 48, Southold, NY;
bounded north by Morris and ors.; east by Charnews and ors.;
south by C.R. 48; west by Mudd and ano.; County Tax Map Parcel
No. 1000-59-9-part of 30.2; also referred to as Subdivision
Lot No. 2 of N. Aliano Subdivision+ --'' No. 250.
(~E ~RVR~ ~TnE)
2. VARLAHCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
practical difficulties
(SEE REVERSE SIDE)
(b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the apirit of the Ordinance and (would)
change the character of the district because
(would not)
(SEE REVERSE SIDE)
and therefore~it ,wa~ ........ ~,,,,~u ,ia~, me
THE SOUTHO~ TOWN
uested variance ( ) be granted (
be confirmed ( ) be reversed, lk
ZONING BOARD OF APPEA~
) be denied and
By this appeal, applicant seeks permission to conduct
wholesale storage and sales on premises zoned "B-Light
Business" and located at the north side of County Road 48,
Southold. The "B-Light" District permits retail sales;
however wholesale sales and storage is not a permitted use.
The premises in question contains an area of 30,104
square feet with approximately 152.96 feet along County
Road 48 and 200 feet in depth. The premises is a vacant
parcel, which was considered a "set-off" by the Planning
Board on October 19, 1981.
In considering this appeal, it is the opinion of the
board that the proposed use will not be inconsistent with
the basic character of this district. The board determines
that the variance if allowed will not produce adverse
effects on available government facilities of any increased
population; that the circumstances herein are unique; that
the relief requested will be in harmony with and promote
the general purposes and intent of zoning; that the use
will not prevent the orderly and reasonable use of adjacent
properties or of properties in adjacent use districts; that
the use will not prevent the orderly and reasonable use of
permitted or legally established uses in the district wherein
the proposed use will be located, or of permitted or legally
established uses in adjacent use districts; that the safety,
health, welfare, comfort, convenience and order of the town
will not be adversely affected by the proposed use and its
location; and that the interests of justice will be served
by allowing the variance, subject to the conditions listed
below.
On motion by Mr. Douglass, seconded by Mr. Goehringer,
it was
RESOLVED, to approve the application of Walter N. Pharr,
Jr. (by R.F. Lark, Esq.), Appeal No. 2957, for permission
to use the subject premises for wholesale purposes (in addi-
tion to retail purposes), SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the subject premises be used for only one type
of business, to include wholesale and retail purposes;
2. That there shall be no fabricating or manufacturing
on the premises;
3. That all refuse be properly contained in a screened
area in the rear yard;
4. That the total structure(s) not exceed 25% of the
total lot coverage;
5. County Planning referral pursuant to Sections 1323,
et seq. of the Suffolk County Charter.
Location of Property: North side of C.R. 48, Southold,
NY; bounded north by Morris and ors.; south by C.R. 48;
west by Mudd and ano.; east by Charnews and ano.; County
Tax Map No. 1000-59-9~part of 30.2; also referred to as
Subdivision Lot 2 of N. Aliano Subdivision ~ No. 250.
Vote of the Board:
Douglass and Sawicki.
absent.)
Ayes: Messrs.
(Member Doyen,
Goehringer, Grigonis,
Fishers Island, was
APPROVED
'" _..
{]h~lrrn,~n Board of Ar~eeals
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Provisions of the Amended Code of the Town of
Southold, a Regular Meeting and the following public hearings
will be held by the Southold Town Board of Appeals at the Town
Hall, Main Road, Southold, NY on Friday, March 19, 1982 com-
mencing at 7:30 p.m. and as follows:
7:30 p.m. Application of Daniel N. and Carolyn K. Baird,
61 Wellsweep Drive, Madison, CT 06443 for a Variance to the
Zoning Ordinance, Article VII, Section 100-71 for permission to
construct deck addition to dwelling with an insufficient rear-
yard setback at 11 Greenwood Road, Fishers Island, NY; bounded
north by Righter; east by F.I. Ferry District; south by Gilman;
west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1.
7:35 p.m. Application of Fishers Island Development Corp.,
Fishers Island, NY 06390 (by Richard F. Lark, Esq.) for a Variance
to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area
and Parking Schedule for permission to divide existing house and
lot with insufficient area and sideyards into two, single-family
dwellings and parcels at the north side of Whistler Avenue,
Fishers Island, NY; bounded north by Gallaher; east by Horning;
south by Whistler Ave.; west by Scott; County Tax Map Parcel
No. 1000-9-10-part of 11.
7:40 p.m. Application of Walter N. Pharr, Jr., 360 South
Harbor Road, Southold, NY (by Richard F. Lark, Esq.) for a
Variance to the Zoning Ordinance, Article VI, Section 100-60
for permission to use premises zoned B-Light for wholesale
sales (in addition to retail sales, a permitted use). Location
of Property: North side of C.R. 48, Southold, NY; bounded
north by Morris and ors.; east by Charnews and ors.; south by
C.R. 48; west by Mudd and ano.; County Tax Map Parcel
No. 1000-59-9-part of 30.2; also referred to as Subdivision
Lot 2 of N. Aliano Subdivision Filed Map No. 250.
7:55 p.m. Application of St. Peter's Lutheran Church,
Main Road, Greenport, NY for a Special Exception to the Zoning
Ordinance, Article III, Section 100-30C(6) (f) and Article VII,
Section 100-70 for permission to erect an off-premises directional/
advertising sign upon property of F. Murphy, 8700 Main Road,
Laurel, NY; County Tax Map Parcel No. 1000-122-07-006.2.
8:00 p.m. Application of Paul and Margaret Radich,
420 West Fourth Avenue, Roselle, NJ 07203 for permission to
convert existing dwelling use to two-family dwelling use at
51170 Main Road, Southold, NY; bounded north by Jankowski;
east by Southold School District; south by Kahrs; west by Main
Road; County Tax Map Parcel No. 1000-70-2-6.
8:10 p.m. Application of Thomas H. Witschi, M.D. by
Swim King Pools, Route 25A, Rocky Point, NY 11778 for permission
Page 2
Legal Notice - Board of Appeals
Regular Meeting for March 19, 1982
to construct inground swimmingpool in an area other than the
rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck,
NY; County Tax Map Parcel No. 1000-116-04-031.
8:15 p.m. Recessed Hearing of Anastasios and Anna Parianos
for permission to reconstruct and locate second dwelling as
existed prior to destruction by fire. Peconic Bay Boulevard and
Sigsbee Road, Laurel; County Tax Map Parcel No. 1000-126-5-13.
8:25 p.m. Application of Harvey .Bagshaw Inc., in care of
Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY
for a Variance to the Zoning Ordinance, Article VII, Section
100-71 for approval of the construction of additions at the east
and west sides of the existing building with insufficient set-
backs and insufficient total yard areas at 7255 Main Road, Laurel,
NY; County Tax Map Parcel No. 1000-122-6-34.
8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin,
by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a
rehearing of Appeal No. 2932 for permission to establish multiple
professional medical offices on premises zoned "A" Residential and
Agricultural, varying the zoning ordinance, Article III, Section
100-30. Location of Property: 50 Ackerly Pond Road. (a/k/a
49725 Main Road), Southold, NY; bounded north by Johnson; west
by Baker and Stoutenburgh; south by Ackerly Pond Road; east by
Main Road; County Tax Map Parcel No. 1000-70-5-4.
Dated: February 26, 1982.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
By Linda Kowalski, Secretary
Instructions to newspapers to print Thursday, March 11, 1982 and
forward 8 affidavits of publication (ST) and one by L.I. Traveler.
Copies of this Notice forwarded on Monday, March 8 to:
Mr. and Mrs. Daniel N. Baird at CT & FI addresses~___
Richard F. Lark, Esq. for FIDCO and~lter N. Pharr,~Jr.~
Mrs. Pamela Schineller for St. Peter's Lutheran Church
Mr. and Mrs. Paul Radich at NJ and Southold addresses.
Mrs. Helen Cochran at Mt. Sinai address for M/M Radich.
Thomas H. Witschi, M.D.
Swim King Pools as agent for Dr. Witschi
Mr. and Mrs. A. Parianos
Gary Flanner Olsen, Esq. for M/M Parianos
Philip J. Ofrias, Jr., Esq. for Harvey Bagshaw, Inc.
Dr. and Mrs. Jay Slotkin
Abigail A. Wickham, Esq. for D/M Slotkin
Suffolk Times, Inc.
L.I. Traveler-Watchman
Town Clerk Bulletin Board posted 3/6/82.
Supervisor
Town Board members
Planning Board Secretary
Page 2
Legal Notice - Board of Appeals
Regular Meeting for March 19, 1982
to construct inground swimmingpool in an area other than the
rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck,
NY; County Tax Map Parcel No. 1000-116-04-031.
8:15 p.m. Recessed Hearing of Anastasios and Anna Parianos
for permission to reconstruct and locate second dwelling as
existed prior to destruction by fire. Peconic Bay Boulevard and
Sigsbee Road, Laurel; County Tax Map Parcel No. 1000-126-5-13.
8:25 p.m. Application of ~arvey Bagshaw Inc., in care of
Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY
for a Variance to the Zoning Ordinance, Article VII~ Section
100-71 for approval of the construction of additions at the east
and west sides of the existing building with insufficient set-
backs and insufficient total yard areas at 7255 Main Road, Laurel,
NY; County Tax Map Parcel No. 1000-122-6-34.
8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin~
by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a
rehearing of Appeal No. 2932 for permission to establish multiple
professional medical offices on premises zoned "A" Residential and
Agricultural, varying the zoning ordinance, Article III, Section
100-30. Location of Property: 50 Ackerly Pond Road (a/k/a
49725 Main Road), Southold, NY; bounded north by Johnson; west
by Baker and Stoutenburgh; south by Ackerly Pond Road; east by
Main Road; County Tax Map Parcel No. 1000-70-5-4.
Dated: February 26, 1982.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
By Linda Kowalski, Secretary
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Provisions of the Amended Code of the Town of
Southold, a Regular Meeting and the following public hearings
will be held by the Southold Town Board of Appeals at the Town
Hall, Main Road, Southold, NY on ~iday, March 19, 1982~com-~
mencing at 7:30 p.m. and as follows:
7:30 p.m. Application of Daniel N. and Carolyn K. Baird,
61 Wellsweep Drive, Madison, CT 06443 for a Variance to the
Zoning Ordinance, Article VII, Section 100-71 for permission to
construct deck addition to dwelling with an insufficient rear-
yard setback at 11 Greenwood Road, Fishers Island, NY; bounded
north by Righter; east by F.I. Ferry District; south by Gilman;
west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1.
7:35 p.m. Application of Fishers Island Development Corp.,
Fishers Island, NY 06390 (by Richard F. Lark, Esq.) for a Variance
to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area
and Parking Schedule for permission to divide existing house and
lot with insufficient area and sideyards into two, single-family
dwellings and parcels at the north side of Whistler Avenue,
Fishers Island, NY; bounded north by Gallaher; east by Horning;
south by Whistler Ave.; west by Scott; County Tax Map Parcel
No. 1000-9-10-part of 11.
~sf~i 7:40 p.m. Application of Walter N. Pharr, Jr., 360 South~
rbor Road, Southold, NY (by Richard F. Lark, Esq.) for a /
riance to the Zoning Ordinance, Article VI, Section 100-60 /
r permission to use premises zoned B-Light for wholesale ~
les (in addition to retail sales, a permitted use). Location/
of Property: North side of C.R. 48, Southold, NY; bounded
north by Morris and ors.; east'by Charnews and ors.; south by
C.R. 48; west by Mudd and ano.; County Tax Map Parcel
No. 1000-59-9-part of 30.2; also referred to as Subdivision
Lot 2 of N. Aliano Subdivision Filed Map No. 250. ~
7:55 p.m. Application of St. Peter's Lutheran Church,
Main Road, Greenport, NY for a Special Exception to the Zoning
Ordinance, Article III, Section 100-30C(6) (f) and Article VII,
Section 100-70 for permission to erect an off-premises directional/
advertising sign upon property of F. Murphy, 8700 Main Road,
Laurel, NY; County Tax Map Parcel No. 1000-122-07-006.2.
8:00 p.m. Application of Paul and Margaret Radich,
420 West Fourth Avenue, Roselle, NJ 07203 for permission to
convert existing dwelling use to two-family dwelling use at
51170 Main Road, Southold, NY; bounded north by Jankowski;
east by Southold School District; south by Kahrs; west by Main
Road; County Tax Map Parcel No. 1000-70-2-6.
8:10 p.m. Application.of Thomas H. Witschi~ M.D. by
Swim King Pools, Route 25A, Rocky Point, NY 11778 for permission
~AL
,ilARiO 3198~,
TOWN OF $OUTHOLD, NEW YORK
FROM DECISION OF BUILDING INSPECTOR
APP ',L NO.
DATE ...~.e.~.~.a.~Z...~.e..,
TIn, RI ClI~ '~il~[E ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appellant Street and Number
~..~..0.....s.~.~.~....,..a.~.~.o...r...?%.a..,.....s..o..~.~.o.Z.a. ................... Ne...W....~.°...r.~...Z..Z...~.].G~REBY APPE*' TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..... ~.e...b.~..~..a.,,~.~....]:.~,i%..~.9.~..]: .......
WHEREBY THE BUILDING INSPECTOR DENIED TO
Walter N. Pharr
c/o Richard Lark
Name of Applicant for permit
of P.O. ~ox 973, Cutchogue, New York 11935
Street and Number Municipality State
(X) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
~o~hwes~erlM mld~ of ~4iddi~
1. LOCATION OF THE PROPERT¥~?..~...(.q~...4~)..~...~.~...t~..°..Z.~.~....N..~. ............ :~..~.'~....L.~.9~.~....~..~..~.i...n.?.~..Z°"e
Street Use District on Zoning Map
...s..u..f..f..o. ~....c9_ ~..~;f.. ~..x....~.. ~....~.........z..o..0.9..-..s.~ .-.t .r .~..~ ~ o~
19~2
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.)
Article VI, Section 100-60
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~ (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 reauested for~Pfe~tVu'~"r'ctlFe~ permission to use the premises on the northwesterly
sid~ of Middle Road (C. R. 48) for retail/wholesale purposes. The building
to be constructed on the premises and the parking area are shown on the
proposed Site Plan revised February 2, 19~2 by Ward Associates, P.C.
attached hereto as Exhibit A. Also attached as Exhibit B is an excerpt
of the Building Zone Ordinance Map of the Town of Southold showing the
subject premises.
Form ZB! (Continue on other side)
REASON FOR APPEAl
Continued
]. STRICT APPLICATION OF THE ORDINANCE would produce prccti¢ol difficulties or
sary HARDSHIP becau~ your Petitioner proposes to est~lish a ~ll/retail/w~lesale
b~ess on ~e s~Ject ~r~ises ~d as s~h ~e ~uilding Ins~otor has issued a No~i~e of
Disa~proval since ~e ~ro~ty is not In ~ ~dustrial ais~iot. Peti~ioner i~nga~ed'
pr~rily in the business of ~e sale of ohil~e~ toys ~d g~s. The bus.ess in. lyes
~ retail ~d w~le~le s~es of this ~ro~n~se. Due to t~ nat~e of t~ business ~d
~e sea.hal buying of ~ ite~ a l~ge inventory ~s to ~ ~intai~d by yo~ Petition~,
In addition to retail ~les ~ ~ genial ~lio t~ze ~e burrs for s~res ~d o~r re-
~ mutlets wbm ~c~se at wholesale merc~se in large qu~ties. The ~int ~ing
re.il ~ ~oles~e sal~ go ~gether as one bus~ness.
T~ presses are ~ looate~ ~ a ~r~e retail location. ~ty ~ad 48 is ~r~st of
Sou~old village and is a considerable dis~ce away from ~e histori=al re.il shopping
area of the village. The pro~sed location ~ot-~ oons~ as one w~oh i~ ~
~ttern of ~ily sho~ing ~affio. This fact is ~rne out ~ ~t ~ development of ~e
s~ro~g ~ro~er~es ~s ~en ~re indus~ial rather t~n retail in spite of the ~re~nt
soning of ~e l~d. The pro~r~y is looat~ on ~e north~st~ly side of a divid~ fo~
lane high s~eed ~ghway ~d ~es access ~w~ inoonveni~t. It is, h~r, very
cess~le for reoeiv~g deliv~les in t~t Co~y ~ad 48 which is a dual ~ l~e highway.
It Is s~t~d ~t l~m~ting t~ use of ~is ~ro~rty ~lely ~ re~l s~es ~ ~t ~e
~rog~ advan~ge of i~s location, in ~duly res=rio~ive, and ~rks ~ eoono~= ~dship.
property woul~ not yield a readable economo ret~n if sales ~e l~ted to retai~.
(~ntinued on Attac~d ~r ~exed hereto)
2. The h~rdsh~p creoted is UNIQUE ond is not shored by oll properties olike in the immediote
~ .vicinitz.o~ this property ~n~ in thi~.use distric~bfic~use ~e ~o~e~ty ~ ~ooated ~n a "~"
us~ness u~s~o~. D~reot~y ~ ~e ~st o~ the s~jeot gr~m~ses iea ~rivate, one-f~ly
~elli~. TO the east on ~ ~sterly ~ of ~y~s ~ad and ~ty ~ad 4~ is a
s~. ~ ~e ~u~erly side of Co~y ~ad 48 n~ ~e ~ro~ty ~ioh is t~ subject of
~lication is ano~er ~chine s~..These businesses were es~lishe~ In ~is ~ea with
~rent "B" ~ght Busi~ss Dis~iot~ning ~d ~ne of ~hem ~ve reoeiv~ ~y ~ype of
anoes to allow ~ ~ oon~uot ~eir f~rioation and ~nufact~ing o~eration. It is
~tte~ Peti~oner~s retail/w~lesale business s~d ~t ~ considered as ~ i~us~ial use
of ~i~ business 9rogerty ~ing into oonsl~ation ~e use of neig~r~g ~roper~ies. As
se~ fr~ E~it A ~e ~ro~osed ~ilding will ~ a clean l~k~g ~aern building wi~
at.active design which ~d ~ a~griate to the ~ea. The ~1 o~ation of ~he busi-
~ss ~uld follow s~rd nine to five bus.ess ho~s ~ ~ pro~ty i~self has ~le off-
~eet ~rki~ ~d all ~eliv~d ~ on ~e ~r~ses in an e~losed load~ d~k.
(~ntinued on At~o~ ~d~ ~nexed hereto)
3 The Vo~once would o~serve ~he spirit o} the Ordinonce ond ~OUtO NOT CHANGE THE
CHArACTeR OF l~ D~SIR~CT ~ecouse ~ig~lly t~s ~ro~erty as well as the
neig~r~od was u~ ~r~marily for agricult~al an~ reside=iai ~e. ~wever, over t~
~ars as the T~ of Sou~old ~s gro~ ~ as a reset of ~ d~l high~y, ~e ~ro~erty
in this ~ea has t~ned ~ ~ residential and business uses. T~ granting of ~is v~nue
~ =onduct a re~il/w~lesale o~ration wo~d ~t ~sru~t ~e neig~ring prop~ties and
~uld be in kee~g wi~h ~e develo~n~ ~d over-all changes ~t ~ve t~en ~laoe in
) ss .......................... : ....
COUNTY OF S~FFOLK ) Walter ,. Pharr, ~
Nicholas Aliano
Sworn to this 26th day of ......... ~'~...~...~i ............................... ]982
for
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
~s~ ~ NO~C~,~t vou, a~t~o, da,~a ................ ~...(,%~.~
~cationofProperty ~ ~U~ ~OA~ ~ ~U~t /)
County Tax Map No. 10OO Section ..... ~ ..... Block ...... ~ ...... Lot ~. ~'~. ·
~C~[~&Sn .... ~..~.. ~oT~?....~.~g .... ~,$o .... ~.~. ........
is returned herewith and disapproved on the follow~g ~o~ds . . .~...~.'..~. ~. ~ ~ .....
Building Inspector
RV 1/80
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J, DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN RnAD- STATE ROAD 25 $OUTHOLD, L.I., N,Y, 11971
TELEPHONE (516) 765-1809
April 9, 1982
Richard F. Lark, Esq.
Main Road, Box 973
C~tchogue, NY 11935
Re: Walter N. Pharr, Jr. - ApDeal No. 2957
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and
determination recently rendered and filed this date with the
Office of the Town Clerk concerning your application.
In the event your application has been approved, please
be sure to return to the Building Department for approval of
any new construction, or for a certificate of occupancy of
the premises, as may be applicable.
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
Copy of Decision
to Building Department
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski, Secretary
Town of Southold
Board of Appeals
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE E. KOPP£LMAN
April 2, 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
Clara Prout
Barney Monticello
Mr. & Mrs. James Mullins
Daniel & Carolyn Baird
Thomas H. Witschi, M.D.
St. Peters Lutheran Church
~alter N. Pharr, Jr.
2724
2949
2950
2952
2954
2955
GGN :Jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
VB:TEllANS MI[MQNIAL HIGHWAY · HAUPPAUG[. I.. h. HEW YORK 11788
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLO. L.I., N.Y. 11971
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:
XX Variance from the Zoning Code, Article VI , Section 100-60
Variance from Determination of Southold Town
Building Inspector
__ Special Exception, Article , Section
__ Special Permit
Appeal No.: 2957 Applicant: Walter N. Pharr, Jr.
Location of Affected Land: C.R. 48, Southold; 1000-59-9-part of
County Tax Map Item No.: 1000- 59-9-part of 30.3
Within 500 feet of:
__ Town or Village Boundary Line
__ Body of Water (Bay, Sound or Estuary)
XX State or County Road, Parkway, Highway, Thruway C.R. 48
__ 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 Any Stream or Drainage
Channel Owned by the County or for Which The County Has Estab-
lished Channel Lines,
30.2.
or Within One Mile of a Nuclear Power Plant
__Within One Mile of An Airport.
was granted
COMMENTS: Applicant XEX~~Hg permission to conduot wholesale
sales ( in addition~to retail sales, a permitted use) in this B-Light
Business Zone, subject to conditions listed on the attached determination.
Copies of Town file and related documents enclosed herewith for your
review.
Dated: March 26, 1902.
Secretary, Board of Appeals
'Southold Town Boart~f Appeals -5-
rch 19, 1982
PUBLIC HEARING: Appeal No. 2957. Application of Walter
c'~----Phar~_~r.,. 360 South Harbor Road, Southold, NY (by Rich-~-rd F.
L~, Esq.) for a Variance to the Zoning Ordinance, Article VI,
Section 100-60 for permission to use premises zoned B-Light for
wholesale sales (in addition to retail sales, a permitted use).
Location of Property: North side of C.R. 48, Southold, NY;
bounded north by Morris and ors.; east by Charnews and ors.;
south by C.R. 48; west by Mudd and ano.; County Tax Map Parcel
No. 1000-59-9-part of 30.2; also referred to as Lot 2 of Minor
Subdivision ~ No. 250 of N. Aliano.
The Chairman opened the hearing at 7:52 p.m. and read the
legal notice of hearing in its entirety and appeal application.
CHAIRMAN: We have a copy of a survey indicating this
particular property which appears to be approximately
on County Road 48 and approximately 200' deep on both sides,
with a similar configuration for the rear. We have a copy of
the Suffolk County Tax Map indicating this particular parcel
sketched in where it exists and the surrounding, I would say,
larger parcels. We also have a copy of the actual survey which
is a topographical copy indicating the position of the building
on the proposed site. They're talking about a building approxi-
mately 46' on the road, 100' deep, 60 or better feet across the
rear. Is there anybody that would like to speak in behalf of this
application? Mr. Lark, is there a possibility of your using the
mike on this one? Thank you.
RICHARD F. LARK, ESQ.: When I first got involved with this
application, this parcel of land which you're considering here
tonight was part of a larger parcel owned by Nicholas Aliano,
and when I first looked at it and the contract was negotiated
with Mr. Aliano, it was my understanding and my belief that
approval from the Planning Board had to be obtained, either as
a minor subdivision or as a set-off. And the Planning Board did
give such an approval on a meeting on October 19, 1981 approving
it. (Mr. Lark gave the Chairman a copy of the Planning Board
approval for the record.)
You'll see from looking at the larger maps there of the
property, this is virtually all of the business property that
Aliano had --- it was the frontage on the road there. The rest
of it is A-Residential and Agricultural. And I had to go back
and do some more negotiations so we could get it wide enough
and take all of the business property so we wouldn't end up with
having, you know, like 20 and 30 feet of business property on the
road. So this is the last remaining end of the business property
on the north side of the road. Unfortunately, it took in a
percentage of Aliano's property; but any way we worked that out.
The Planning Board then was privy to what was going on and in
fact, I gave them at the time we met with the Planning Board a
preliminary sketch of what was going to be built there by the
applicant. And subsequent to the Planning Board's giving approval,
the applicant went ahead, got his f.inancing lined up, title report,
Southold Town BoaOof Appeals -6-
March 19, 1982
(Appeal No. 2957 - Walter N. Pharr, Jr. continued:)
MR. LARK continued:
title report and title search, finalized survey, and prepared to
close title. Part of the requirements under the contract was
that he would be able to obtain a building permit.
So he had his architect prepare a set of plans so he could
get a building permit, and lo and behold, the building inspector
in approving the site plan for parking and one thing or another,
came up with the conclusion, he asked the applicant, "What were
you going to do with the building?" And the applicant told him,
Mr. Pharr who is present here tonight, you will hear from him,
told him what his business was all about. And all of a sudden
the building inspector came up and said, "Well you're going to
have wholesale sales out of there!" And he says, "Yes, and what's
the problem?" Retail, wholesale, mail order, you know, and the
whole business. And the building inspector said, "Well wholesale
is not permitted. It's only permitted in an industrial district."
And then I got back involved in the case and went down and talked
to the building inspector and asked him how he arrived at that.
And he interprets the ordinance, unless it says specifically you
can do something, you can't do it. You have to start with that
premise with Mr. Fisher.
The second premise is, the only mention of the word "wholesale"
in the entire ordinance appears in the C-Light Industrial District.
And the word "wholesale" appears there in Section 100-80, Subdivi-
sion B(3) to read, "...uses permitted by Special Exception of the
Board of Appeals..." and then (3) reads, "...wholesale storage and
warehousing .... " It doesn't say anything about wholesale sales,
just wholesale storage and warehousing. I said, "How do you get
that interpretation?" He said, "That's my interpretation. It's
got the word wholesale, so therefore it has to be in an industrial
district." Well, you can well imagine I kind of scratched my head
about the whole thing, and started to think about it, started to
look around and I started at the western end of the town and then
came east. The first place I stopped at in my mind and then I
subsequently checked, was Mattituck Auto Parts, which is known to
be B-1 Business District. They sell retail. They sell wholesale.
They sell by the phone. This, ~that and the other. Going up,
Raynor-Suter Hardware Store, sells wholesale...sells retail...
so by the time I got to Cutchogue, Tuthill's who sells paint
wholesale, also sells plumbing supplies and stuff retail, all
zoned Business. You got your Frohenhoeffer's here in Southold
and it suddenly dawned on me, what is wholesale sales? And I
started talking, I even talked to Henry Raynor about this a great
length. He says, "Yes. I don't know. What is wholesale?"
I then went to the dictionary to find out what they said about
wholesale, and they say it's the opposite of retail. So, you know,
you go look in a dictionary under retail and it says, "sales of
goods and articles individually in small quantities directly to
consumer." And there's other definitions of wholesale in the dic-
tionary, and they're all the same. I'm just picking out a typical
'Southold Town Boar~f Appeals -7- ~arch 19, 1982
(Appeal No. 2957 - Walter N. Pharr, Jr. continued:)
MR. LARK continued:
one. Selling of goods in relatively large quantities. So I
talked to the applicant, and I asked him, I said, "What would
you define the difference between wholesale and retail~.~, i
said very simply. As he understands it it's not a function of
price, but that in a wholesale sale, he doesn't get a sales tax
whereas in a retail sale he gets a sales tax. The difference
being is that when he sells what is termed in his trade as
wholesale, he sells to one who has a sales-tax exemption number,
who will then either turn around and sell retail or do something,
whereas if he sells retail, he has to collect a sales tax.
It's considered the ultimate consumer as opposed to another
in-between man. And I said, "Does it have anything to do with
volume?" "Well," he said, "it's quite obvious that if I sell
to somebody who is in business, they're going to buy so many
more games or toys or whatever rather than just a retail purchaser
such as yourself or myself who might just buy one or two toys.
Something like that." He says, "That's the main difference between
wholesales and retail." And he said, "Quite obviously you sell
more units of some, then there's a lower price then if you sell
you know just one unit of something." So I found that as inter-
esting distinction.
So I went back to the building inspector and discussed it
with him, and he halfway agreed with me and said, "But, well, it's
always been interpreted .... " I said, "Well have we had any more
cases or is there anything on the books which I would look at?"
He says, "No. I think this is the first time become an issue."
So I drafted the application before you in an alternative,
one as an interpretation to overrule his interpretation of the
zoning ordinance, and the other alternative is if you agree with
his interpretation, which I personally don't but we'll discuss
that in a moment, then for a variance. Because if you do agree
with his interpretation that all wholesales sales are not allowed
in a Business District, you know, a zoned Business District, then
he's applying for a use variance here to use the property, a~3por-
tion of the property, some of it for, you know, wholesales sales.
I, and that as I say go back to the first point, I am having
extreme difficulty in trying to understand since the only time
the word "wholesale" appears in the ordinance refers to wholesale
storage and warehousing in the Industrial District and when you
look at those uses that are associated in the Industrial District,
it makes complete sense. You're talking about warehousing and
big storage areas that are associated with ito..not a situation
where we have here.
As I've indicated in the application and you can talk to him
directly, he is here, as I understand, this type of operation,
you see what the building is going to be...you have the plans as
to actually what would be built there, what he proposes is two
small retail offices in the front and then a storage area in the
back of the building. The reason for two offices in the front...
Southold Town Boa~of Appeals
-8- O March 19, 1982
(Appeal No. 2957 - Walter N. Pharr, Jr. continued:)
MR. LARK continued:
the applicant also happens to be a licensed real estate broker...and
he wants to make provisions to have his, you know, to able to hang
his shingle and do real estate work out of there possibly. The
other small showroom area or retail area would be for handling
customers that would come in to show them, you know, demonstration
or models or wood things, samples, and so on and so forth. But
what he proposes to do there is not only sell at retail but he
is admittedly selling at wholesale, and we have a caterer
which a lot of his business will be by telephone in a, which I
refer to as a mail-order situation where people will be ordering
via catalog, and there where they do not have a sales-tax exemption
number he has to charge sales tax. So a lot of it will come into
a P.O. box and so forth.
I asked him at length what his percentages of business based
on his experience, because he wants to get into this fulltime
whereas in the past he has done it more or less on a parttime
basis, and he will discuss that with you more fully. And I also
him why he had to have such a large storage area. And the answer
to that was, "In this particular type of industry, you have to buy
at one time of the year. You buy directly from the manufacturers
and toy companies and game companies." And then, I guess we are
all aware from television, this toy business has become a fad or
a fashion business, and certain properties or items move, and
therefore you have a buy a large quantity of them and put in
storage areas to do it. The other thing of it is that a lot of
the electronic games and toys that are out are very expensive.
And so by having the storage area such as he has, he will be able
to internally provide necessary security, you know, cages and stuff
like that, whereas if you just had a normal thing, tend to theft
or vandalism. So that's the reason why he has his architect lay
out the building the way it is. He doesn't want to have a Macy's
Toy Department Store up in the front where people come in and
could wander around. He would just have limited dummies or
samples. And as I understand it in this business today, when
people come in to buy, it's not like buying clothes where they
will shop and browse. The little ones, the youngsters who are
the ultimate consumers in this, have already made their request
known to their parents and grandparents and so they know what
they are buying when they walk in the door. They want a Star
Wars game, or Skywalker or certain Electronic Football Game,
and if their daddy or granddaddy doesn't bring that home, he's
a bum. So it's not a question of comparison shopping, you know,
where you would do for a lot of things.
The experience has been of Pharr that they know exactly
what they want to buy when they come in. And that's why he
figures that the mail order, which will be primarily retail,
retail which you and I understood as standard retail will be
that way. But there's no question that a certain percentage of
his business will be in the wholesale nature. And I can't for
the life of me, just because a word is omitted from a business
district, that this board or the drafters of the zoning ordinance
-9- ~arch 19, 1982
'SouthQld Town
f Appeals
(Appeal No. 2957 - Walter N. Pharr, Jr.)
MR. LARK continued:
intended that all wholesale, be referred to wholesale sales, would
not be allowed. And the building inspector should only say that
the businesses that, even though subsequent to zoning that has a
certificate of occupancies and which admittedly sell at wholesale,
whether it be the auto parts or Raynor-Suter, Brett Tuthill,
Frohenhoeffer, or any of the other ones, he did say, "Well, that
must have been another building inspector," and so on and so forth.
I also asked him, which I thought was another avenue of
approach, that if it is a mixed use, the wholesale could be con-
sidered as an accessory to the retail or the retail to be acces-
sory to the wholesale...you know, depending on primarily what the
emphasis was. I don't profess to be an expert in the toy business...
that's why I want Mr. Pharr to speak to you. But I think his
interpretation is fraud with danger. That is, the building
inspectors, because it is a known and admitted fact that we have
many sales at wholesale in a business district, and why he is
singling out at this particular time, I don't know. Especially
as the board is aware, and I'm not making a federal case out of
it, but the existing businesses up there zoned in the same district
don't even have certificates of occupancy and yet conduct manufac-
turing operations. But again, so what...they're high-valued
technology-type things and they're warranted in this type of use
district. There again, that's another matter.
So at this time I would like Mr. Pharr if he would, explain
a little bit more about what he intends to do because here your
application is unique. You've seen the exact building that will
be built there because he has the plans and the financing from
the bank to do it. The last hurdle apparently as I see it is an
interpretation by you gentlemen as to whether to allow that type
of building to go up there for that type of use is what he is
going to tell you about. Mr. Pharr?
WALTER N. PHARR, JR.: I have been developing a mail-order
business. I rent space in Riverhead and in Southold. I've
desired to consolidate my business in one location in the Town of
Southold. The retail business is undergoing many changes today...
catalog sales, mail-order sales, and even cable TV sales will
become increasingly important in the future. I would like to
build a business which can participate in these trends.
I am going to need a large amount of storage space as Mr.
Lark said. I have to buy factory direct in the Spring and I
need a place to store the merchandise until my main selling sea-
son, which is Christmas. I desire a wholesale capacity in order
to round out my sales and in order to enable me buying factory
direct. When I look over the Town of Southold, I see many retail
businesses daily engaging in wholesale activities. And I can't
understand why this would be a problem for me. I chose this
particular location because it is affordable with the way real
estate prices are, it's very easy for a local person to be priced
Southold Town Boa~of Appeals -10-
March 19, 1982
(Appeal No. 2957 - Walter N. Pharr continued:)
MR. PHARR continued:
out of our whole real estate market. I consider the site not a
prime retail location as witnessed by the fact that my three
business neighbors would be machine shops. This would not be
a problem for me, however, because the consumer I'm seeking to
sell is basically pre-sold as to what he wants through my catalog
or through the TV ads or the manufacturers themselves.
I do think though that a store limited to retail sales alone
would have a hard time surviving that area.and that it is outside
the pattern of daily shopping. They would not be able to benefit
from the traffic, and the prospect of a law not for wholesale sales
would be a serious problem. But I think a mixed use for provide a
very viable chance for a successful business. Do you have any
questions you might want to ask?
MR. CHAIRMAN: The basic questions of the board, Mr. Pharr,
are: (1) will there be any fabricating or manufacturing on the
premises at all?
MR. PHARR: None whatsoever.
MR. CHAIRMAN: Have you made any provisions for cardboard,
which seems to be a tremendous problem to many retail businesses.
I'm talking mainly from a shopping center point of view. Will
you have a cardboard container, some way of containing the card-
board? Will the cardboard be kept in the interior of the building,
not allowing it to blow around in the wind, particularly the winter
when--
MR. LARK: Are you talking about refuse?
MR. CHAIRMAN: Yes. I'm sorry.
MR. PHARR: Yes, definitely.
MR. CHAIRMAN: You won't have one of these new cardboard
smashers or anything of that nature. You're not anticipating
anything of that magnitude?
MR. PHARR: No. The cardboard would be decompressed or used,
I would mention that as far as wholesaling is concerned, I would
need the boxes to repack the merchandise to be shipped.
MR. CHAIRMAN: So some of the boxes would be reused?
MR. PHARR: Yes.
MR. LARK: Has that been your experience? That's what he is
asking.
MR. PHARR: Yes.
MR. CHAIRMAN: Thank you.
I think maybe there may be more
'Southold Town Boar( Appeals -11- ~arch 19, 1982
(Appeal No. 2957 - Walter N. Pharr, Jr. continued:)
MR. CHAIRMAN continued:
questions after we allow some one in the audience to. Thank you again.
Is there anyone wishing to speak in favor of this application? Anybody
to speak against this application? (None) Hearing no further comments,
I will make a motion 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 Appeal No. 2957, application of Walter N. Pharr, Jr.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. Member Doyen was absent.
PUBLIC HEARING: Appeal No. 2955. Application of St. Peter's
Lutheran Church, Main Road, Greenport, NY for a Special Exception
to the Zoning Ordinance, Article III, Section 100-30C(6) (f) and
Article VII, Section 100-70 for permission to erect an off-premises
directional/advertising sign upon property of F. Murphy, 8700 Main
Road, Laurel, NY; County Tax Map Parcel No. 1000-122-07-006.2.
The Chairman opened the hearing at 8:15 p.m. and read the
legal notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: We have a copy of the County Tax Map showing
the parcel of Francis Murphy Garden Center and an "x" indicating
the position of the proposed sign. Is there anyone here wishing
to speak in behalf of this application?
PAMELA SCHINELLER: I don't know if I have to speak in behalf,
but if there are any questions, I would be happy to answer them.
MR. CHAIRMAN: I have no basic questions because we'~e'had sig~
permits there before. (There were no other co~ents). Bein~ there
are no further comments, I'll move to close the hearing and reserve
decision until later.
On motion by Mr. Goehringer, seconded by Messrs. Douglass and
Grigonis, it was
RESOLVED, to close the hearing and reserve decision in the
matter of St. Peter's Lutheran Church, Appeal No. 2955.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.)
HENRY E RAYNOR Jr, Chairman
JAMES WALL
BENNETT ORLOWSKL Jr
,GEORGE RITCHIE LATHAM. Jr
William F. Mullen,
Jr.
$outhold, N.Y. 11971
TELEPHONE
765- 19:{8
Mr. Richard Lark
Main Road
Cutchogue, New York
11935
October 21, 1981
Re: Pharr/Nicholas Aliano
Dear Mr. Lark:
At a regular meeting of the Southold Town Planning Board,
October 19, 1981 the following action was taken:
Monday
RESOLVED that the application of Pharr/Nicholas Aliano be processed
as a "set-off" Section 106-13.
I have enclosed a copy sent to the Buildinq Department informing
them of thc sam(>.
Yours very truly,
HENRY E. RAYNOR, JR. ,CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By SusJn Z. Long, Secr~a~
Enc.
K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OI VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. 1., N. Y. 11971
March 3, 1982
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2957 application of Walter N. Pharr,J~
as contract vendee of Nicholas Aliano for a variance· Also included is noti-
fication to adjacent property owners; Short Environmental Assessment Form;
Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from
the Building Department; and survey of ~roperty.
· Terr
Town Clerk
JTT/bn
Enclosures
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
ilAR, 0 3 i 8Z
TJ~I J]~J'1~llJJJlJ ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, ~/~ ~.a.~.~.e.~.~.~.~.~..e..h...a.~.=..~..~.q..=.~:~..s.~.c."~.~tr.a.~.q~...v...e..~.e..e.....q~.~.~g.~.~.~...&[~ .....
Name of Appellant' Street and Number
3~6~S~u~t~h~H~a~?~b~"~a~;~S`~u~ ................... ~.e..w.....Y..°..~.k....]:.~..9..7..~EREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..... ~.~br.;.~.;~...;],,%......19.8.;1, .......
WHEREBY THE BUILDING INSPECTOR DENIED TO Walter N. Pharr
..........................................
Nome of Applicant for permit
of P.O. Box 973, Cutcho.~ue, Ne.w.. Yor.k.. 11935
Street and Number Municipality State
(×) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
Northwesterly side of Middle .... . ' Zone
1. LOCATION OF THE PROPERTYR~ad...(C;R...4~I~..,S~.t. kO,Ld,,..~.¥. .............. ~....~,~b,'c,..i~.~,~fici..
Street Use District on Zoning Map
1982
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 VI:
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~j~ (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 o variance
and was mode in Appeal No ................................. Doted ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for:l~~lt~ permission to use the premises on the northwesterly
side of Middle Road (C. R. 48) for retail/wholesale purposes. The building
to be constructed on the premises and the parking area are shown on the
proposed Site Plan revised February 2, 1982 by Ward Associates, P.C.
attached hereto as Exhibit A. Also attached as Exhibit B is an excerpt
of the Building Zone Ordinance Map of the Town of Southold showing the
subject premises.
Form ZB1
(Continueonotherside)
REASON FOR APPEAL
Continued
I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties o~ .t,~tmeces-
-sory HARDSHIP because your Petitioner proposes to establish a small retail/wholesale
business on the subject premises and as such the Building Inspector has issu~..~ .N~t~e of
Disapproval since the property is not in an industrial district. Petitioner is engaged
primarily in the business of the sale of children~ toys and games. The business involves
both retail and wholesale sales of this merchandise. Due to the nature of the business and
the seasonal buying of the items a large inventory has to be maintained by your Petitioner,
In addition to retail sales to the general public there are buyers for stores and other re-
tail outlets who purchase at wholesale merchandise in large quantities. The point being is
?retail and wholesale sale, go together as one business.
The premises are not located in a prime retail location. County Road 48 is northwest of
Southold village and is a considerable distance away from the historical retail shopping
area of the village. The proposed location cannot be considered as one which is in the
pattern of daily shopping traffic. This fact is borne out in that the development of the
surrounding properties has been more industrial rather than retail in spite of the present
zoning of the land. The property is located on the northwesterly side of a divided four
lane high speed highway and makes access somewhat inconvenient. It is, however, very ac-
cessible for receiving deliveries in that County Road 48 which is a dual four lane highway.
It is submitted that limiting the use of this property solely to retail sales does not take
proper advantage of its location, in unduly restrictive, and works an economic hardship. The
property would not yield a reasonable economic return if sales are limited to retail. In
(Continued on Attached Rider annexed hereto)
2. The hardship created is UNIQUE and is not shared by alt properties alike in the immediate
vicinity of this property and in this use district because the property is located in a "B" Light
Business District. Directly to the east of the subject premises is a private, one-family
dwelling. To the east on the westerly corner of Kenny's Road and County Road 48 is a machine
shop. On the southerly side of County Road 48 near the property which is the subject of this
application is another machine shop. These businesses were established in this area with the
current "B" Light Business District~zoning and none of them have received any type of vari-ances to allow them to conduct their fabrication and manufacturing operation. It is sub-
mitted Petitioner's retail/wholesale business should not be considered as an industrial use
of this business property taking into consideration the'use of neighboring properties. As
seen from Exhibit A the proposed building will be a clean looking modern building with
attractive design which would be appropriate to the area. The normal operation of the busi-
ness would follow standard nine to five business hours and the property itself has ample off-
street parking; and all deliveries.would be on the premises in an enclosed loading dock. By
(Continued on Attache~.Rider aDA%e~ed heretp~,, ....
3 The Variance wo~d observe the sp,nt oft he urolnance anawuuLu NOT CHANGE THE
CHARACTER OF THE DISTRICTbecause Oriainallv this property as well as the s,,wwn,m~n~
neighborhood was used primarily for agricultural and residential use. However, over the
years as the Town of Southold has qrown and as a result of the dual hiqhway, the property
in this area has turned to both residential and business uses. The qrantinq of this variance
b3 conduct a retail/wholesale operation would not disrupt the neiqhborinq properties and
would be in keeeina with the development and over-all chan~es that have taken nlace in this
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
Walter ~. .... for
Nicholas Aliano
Sworn to this ...2..6...th..... day of....:....~ebr~tarw ............................... 1982
APPEAL FROM DECISION OF TEE BUILDING INSPECTOR
TO TEE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, NY
BY WALTER N. PHAP~t JR., AS CONTRACT VENDEE ~ NICHOLAS ALIANO
REASON FOR APPEAL:
#1 continued:
fact a pure retail sale store would have difficulty thriving by itself in this area, but
as a combination retail/wholesale operation it stands a better chance of success. It
would appear the success of ~his business as well as an~ other business in the Town of
$outhold would benefit the Town and the public. Aside from the fact of unavailability
the locating of this type of business in an industrial district it would be economically
prohibitive. Industrially zoned property is unsuited to your Petitioner's type of
business use taking into consideration the lot area and lot sizes as well as the permitted
uses in an industrial area. It is submitted that the Building Inspector's interpretation
of prohibiting wholesale sales in a business district is unduly restrictive and not
in concert with the intent of the Zoning Ordinance which refers to w~olesale storage and
warehousing allowed under certain conditions in a "C" Light Industz'ial District (100-80B(3)
Oode of the Town of Southold). In effect this proposed use is conforming and in concert
with a business district and not an industrial district. The storage proposed by your
Petitioner is necessary to your Petitioner's business for both retail and wholesale
sales. The point being is in substance there is no difference ~ selling to customers wb~
make ~A, ~all~urchases than selling to customers who make large, wholesale purchases.
There is nothing in the Zoning Ordinance that prohibits wholesale s~les in a business dis-
trict. There are nm~erous businesses in business districts in the Town which conduct both
retail/wholesale operations such as auto supply, plumbing and appliance store being prime
examples. The ~uilding I~spec~oK should not be allowed to single out Petitioner's business
in requiring it to be only located in an industrial district.
#2 continued:
allowing the interpretation of the Building Inspector to stand singles out your Petitioner's
business ~hen much more oriented industrially oriented business which are not swecifically
allowed exist in th~s "B" Light Business District.
Dated:
February 26, 1982
~alter N. COntract. Vendee
of Nicholas Aiiano
LEGAL NOTICE
NOTICE IS HEREBy
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Southold, a
Regular Meet ng and the
following public hearings will
be held by the Southold Town
Board of Appeals at the Town
Hall, Main Road, Southold, NY
on Friday, March 19, 1982,
commencing at 7:30 p.m. and
as follows:
7:30 p.m. Application of
Daniel N. and Carolyn K.
Baird, 61 Wellsweep Drive,
Madison, CT 06443 for a
Variance to the Zoning
Ordinance, Article VII,
Section 100-71 for permission to
construct deck addition to
dwelling with an insufficient
rear-yard setback at 11
Greenwood Road, Fishers
Island, NY; bounded north by
Righter; easl by F.I. Ferry
District; south by Gilman;
west by Greenwood Road;
County Tax Map Parcel No.
1000-12-1-13.1.
P~rcel Nd. 100~9-1.~-nar t cd 11
/~--:-:~0 p.~.. Application o~
Waiter N. Pharr, Jr., 360 South ~
Harbor Road, Southold, NY
(by Richard F. Lark, Esq.) for
a Variance to the Zoning
Ordinance, Article VI, Section
100-60 for permission to use
premises zoned B-Light for
wholesale sales (in addition to
retail sales, a permitted use). )
Location of Property: North
side of C.R. 48, Southold, NY;
COUNTY OF SUFFOLK.
STATE OF NEW YORK, ~ ss:
............................ being duly Sworn,
sco/s that zl~. is Printer and Publisher of the SUFFOLK
~ounded north by Morris and ~
~rs.; east by Charnews and/
~rs.; south by C.R. 48; west by/
Mudd and ano.; County Tax'~
Map Parcel No. 1000-59-9-part (
)f 30.2; also referred to as Sub- \
tivision Lot 2 of N. Aliano Sub- .)
fivision Filed Map No. 250.
~7:55 p.m. Application of St.
Peter's Lutheran Church,
Main Road, Greenport, NY for
a Special Exception to the
Zoning Ordinance, Article III,
Section 100-30C(6)(f) and
Article VII, Section 100-70 for
perm~sion to erect an off-
premises directional/adver-
tising sign upon property of F.
Murphy, 8700 Main Road,
Laurel, NY; County Tax Map
Parcel No. 1000-122-07-006.2.
8:00 p.m. Application of Paul
and Margaret Radich, 420
West Fourth Avenue, Roselle,
NJ 07203 for permission to
convert existing d~velling use
to two-family dwelling use at
51170 Main Road, Southold,
NY; bounded north by
Jankowski; east by Southold
School District; south by
Kahrs; west by Main Road;
County Tax Map Parcel No.
1000-70-2-6.
6:10 p.m. Application of
Thomas H. Witschi, M.D. by
Swim King Pools, Route 25A,
Rocky Point, NY 11776 for
permission to construct
ingroand swimmingpeol in an
area other than the rearyard at
7670 Right-of-Way off New
Suffolk Avenue, Mattituck,
NY; County Tax Map Parcel
No. 1000-116-04-031.
0:15 p.m. Recessed Hearing
of Anastasios and Anna
Parianos for permission to
reconstruct and locate second
dwelling as existed prior to de-
strection by fire. Pecoaic Bay
Boulevard and Sigsbee Road,
Laurel; County- Tax Map
Parcel No. 1000-126-5-13.
6:25 p.m. Application of
Harvey Bagshaw Inc., in care
of Philip J. Ofrias, Jr., Esq.,
737 Koanol~e Avenue,
Riverhead, NY for a Variance
to the Zoning Ordinance,
Article VII, Section 100-71 for
approval of the constniction of
additions at the east and west
sides of the existing building
with insufficient setbacks and
insufficient total yard areas at
7255 Main Road, Laurel, NY;
County Tax Map Parcel No.
1000-122-6-34.
6:40 p.m. Application of Jay
P. and M. Joanne-Davis
Slotkin, by Abigail A.
Wickham, Esq., Main Road,
Mattituck, NY for a rehearing
of A.pp~al No. 2932 for
permission to establish
multiple professional medical
offices on premises zoned "A"
Resi.dential and Agricultural,
varying the zoning ordinance,
Article III, Section 100-30.
Location of Property: 50
Ackerly Pond Road (a/k/a
49725 Main Road), Southold,
NY; bounded north by
Johnson; west by Baker and
Stoutenburgh; south by
Ackerly Pond Road; east by
Main Road; County Tax Map
Parcel No. 1000-70-5-4.
Dated: February 26,1982.
BYORDEROF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
By Linda Kowalski,
Secretary
1TMll-3899
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Provi-
sions of the Amended Code of
the Town of Southold, a
Regular Meeting and the
following public hearings will
be held by the Southold Town
Board of Appeals at the Town
Hall, Main Road, Southold,
N.Y. on Friday, March 19,
1982 commencing at 7:30 p.m.
and as follows:
7:30 p.m. Application of
Daniel N. and Carolyn K.
Baird, 61 Wellsweep Drive,
Madison, Ct. 06443 for a
Variance to the Zoning Ordin-
ance,-Article VII, Section
100-71 for permission to con-,.
struct deck addition to dwell-
h~g with aa h~sufficlent rear-
Road; Fisher~ 'lslafid, N.Y.;
bounded north by Righter;
east by F.L Ferry District;
south by Gilman; west by
Greenwood Road; County Tax
Map Parcel No. 1000-12-1-
13.1.
7:35 p.m. Application of
Fishers Island Development
Corp.. Fishers Island, N.Y.
06390 (by Richard F. Lark,
Esq.) for a Variance to the
Zoning Ordinance, Article IV,
Section 100-41, Bulk Area and
Parking Schedule for permis-
sion to divide existing house
and lot with insufficient areal-
and sideyards into two, single-
family dwellings and parcels at
the north side of Whistler
Avenue, Fishers Island, N.Y.;
bounded north by Gallagher;
east by Horning; south by
Scot~; County Tax Map Parcel
No. 1000-9-10-part of 11.
~7~. Application of~'
Walter N. Pharr, .Jr.. 3~0
South Harbor Road. Southold,
N.Y. (by Richard F. Lark,
Esq.) for a Variance to the
Zoning Ordinance, Article VI.
~ection 100-60 for permission
to use premises zoned B-Li
for wholesale sales (
use). Location of Property:
North side of C.R. 48,
old, N.Y.; bounded north by
Morris and ors.; east by
Charnews and ors.; south by
C.R. 48; west by Mudd and
No. 1000-59-9-part of 30.2;
also referred to as Subdivision
Lot 2 o-fN. Aliano Subdivision
No. 250.
7:55 p.m. Application of St.
Main Road, Greenpom N.Y.
for a Special Exception to the
Zoning Ordinance, Article IlL
Section 100-30C(6) (f) and
Article ¥I1, Section 100-70 for
premises directional/advertis-
ing sign upon property of
Murphy, 8700 Main Road.
Laurel, N.Y.; County Tax Map
Parcel No. I000:122-07-006.2.
8:00 p.m. Application of
Paul and Margaret Radich.
420 West Fourth Avenue.
R~oselle, N.J. 07203 for permls-
use at 51170 Main Road.
COUNTY OF SUFFOLK
SS:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk Count;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for .................... ~ .................. week~
successively, commencing on the ........ ~.x.. .......................
d a y ~of'~:.~.. ~-~¢-~... ............... 19..~."u.
Sworn to before me this ..... ~...~.. .................... day of
Southold, N.Y.; bounded north
'- ;9 ::~)~ by Jankowski: east by South- :.,, ..~ . "~' '" ......... ~", '~-" ','~'-~*~w~ ~ ~'~,~- ~--:',..,~ .... -~,-, · ~ ......
HENRY E RAYNOR. Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen, Jr.
s
Southotd, N.Y. 11971
TELEPHONE
765- 1988
October 20, 1981
Mr. George Fisher
Sr. Building Inspector
Southold Town Hall
Southold, New York 11971
Dear Mr. Fisher:
At a regular meeting of the Southold Town Planning Board,
October 19, the following action was taken:
Monday
RESOLVED that the application of Pharr/Nicholas Aliano be processed
as a "set off" section 106-13.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
Encls.
ROA
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the P~ition of :
Walter N. Pharr, Jr., as Contract :
Vendee of Nicholas Aliano :
totheBoardofAppealsoftheTownofSouthold :
Clement J. Charnews
TO: John Perotti
Maria Ulivi
Michael Morris
Joan Lombardi
Irving Latham
YOU ARE HEREBY GIVEN NOTICE:
David Mudd
Alice Tucker
David Surozenski
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) ~;~a~~~(the following relief: To establish a
retail/wholesale business for the sale of children's toys.
2. That the property which is the subiect of the Petition is located adjacent to your property and is des-
cribed as follows: North by: Michael Morris, Joan Lombardi. and Irvina Latham:
East bv Clement J. Charnews, John Perott, Maria Ulivi; South by Count¥
Road 48; West bv David Mudd and Alice Tucker
3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefollowingzoningdistrict:
"B" LiGht Business DistrLct ~
4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: To establish a
retail/wholesale business for the sale of children's toy~.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article VT S~cti(~ 1~-6~
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there
examine the same during regular office hours. (516) 765-1809.
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 Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: February 26, 1982 .
Petitioner Walter N. Phar Jr., as
Contract Vendee of Nicholas Aliano
Post Office Address
360 South Harbor Road
Southold, New York 11971
NAME
Clement J. Charnews
John Perotti
Maria Ulivi
Michael Morris
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
North Road, Southold, New York 11971
40735 Main Road, Southold, New York 11971
c/o Rolando Mariani, 726 East 227th Street
Bronx, New York 10466
Mm{~
, New York 11971
New York 11971
YOrk 11957
Y~rk ~i, 11971
Southold, New York 11971
New York 11971
$.]:)IA~BS 1VNOI,LHO
9L6T 'zd¥ '00~1
Sunset Avenue, Mattituck,
says that on the 26th day
copy of the Notice set forth on the re-
Idresses set opposite their respective
esses of said persons as shown on
n~mes~'~at the ;ddresses set opposite the nam
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Southold, _ ~¢ew York ; that said Notices were mailed to each of said persons by
Babette Cornine
(certified) (~evg:rr~ mail.
Sworn to before me this 2 6th
day of February ,19 82
Notary Public
RICHARD F. LARK
ATTORNEY AT LAW
February 10,
1982
Southold Town Building Department
53095 Main Road
Southold, New York 11971
ATT: George Fisher, Senior Building Inspector
RE: Walter N. Pharr, Jr.
Dear Mr. Fisher:
In connection with the above-captioned matter, I am
enclosing a copy of the Planning Board's letter to Mrs.
Pharr dated December 29, 1981. Since the Pharrs wish to
use the property for both wholesale and retail purposes,
kindly advise me of the necessary steps to obtain this
approval.
RFL: BC
Enclosure
Very t~u~y yours,
~ichard~F. ~
cc: Southold Town Planning Board
HENRY E. RAYNOR, .Ir., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr
GEORGE RITCHIE LATHAM, Jr.
William E. Mullen, Jr.
Southold, N,Y. 11971
TELEPHONE
765 - 19.'{8
December 29, 1981
Ms. Pauline Pharr
360 South Harbor Road
Southold, New York 11971
Dear Ms. Pharr:
Enclosed please find a copy of the Building Inspector's report, dated
December 22, 1981, concerning your proposes site plan. Our board has
had an opportunity to discuss it at our regular meeting December 28,
1981.
The board requests that you advise them whether you plan to use this
area for whole sale or retail purposes. Thank you for your cooperation.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Bi Susa2 E. Long, S~c~ary
Encls.
r)'
SHO~,[ EHVIROHh{EhITAL ASSESS}~ENT FOFd,~
INSTRUCTIOHS:
~(o) In order
tho{ the preparer will use. currently available information concerning the
project end the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and o completed Environmental Assessment Form is necessary·
(c) If all questions hove been answered J~o it is likely that %his
ct
is ,not significant. -..
pr°jo(d) Environmental Assessment ..
5.
6.
7.
8.
answer the questions in this short EAF it is assumed
10.
11.
12.
13.
15.
Will project result in c large physical change
to the project site br physically alter more
than 10 acres of land? ........................
Yes X No
¥1ill there 'be o major change to any unique or
-unusual land form found on the site? .......... Yes X
¥/ill project alter or have a large' effect on .
existing body of water? ....................... Yes. X
Will project hove o potentially large impact , .
quality? Yes X' No
on groundwater .......................
Will project significantly effect dro.inoge
flow on adjacent sites? ' Yes X No
%';ill project effect any threatened or
endangered plant or animal species? ........... ~Yes x' No
Will project result in o major adverse effect
quality? Yes X No
on air ..............................
Will project hove o major effect on visual '
character of the community or scenic views or
vista5 known to:be impatient to the community?, 'Yes. X'No
¥;ill project o-dversely impact any site or ..
structure Of historic, prehistoric or
paleontological importance or any site
designated os o criticol environmentol oreo
by o local agency? ......... ... -.-......-~-.:-.-...,..:-. Yes x No
¥;ill project hove o major effect on existihg
or future recreational opportunities?.; ........ Yes X No
Will project result in .major traffic problems ' '
o~ cause o major effect to ex.fating
tronsportation systems? ........................ Yes X No
Will project :regularly cause objectionable
odozs, noise, glare, vibration, or electrical .
disturbance as o result of the project's
operallon? ; Yes x No
¥;ill project hove on), impact on public health
or .safety? ................. Yes X No
directly causing o growth in permanent
population of more than 5 perceDt over a one
year period or have a major negative effect
on the character of the community or
Yes x No
neighborhood? ................ ¢~ ....
Is Lhere public controve~s~
project? ...................................... Yes X No
PREPARER'S SIGNATU'RE / J~ ) '-'~L~ /: / ,
( wu~ ~ / /,~ ~
Walter N. ~Pharr, Jr. a~ Contract
REPRESEHTING Vendee of Nicholas Aliano
DATE February 26, 1982
February 26, 1982
(?oday's Date)
To: Sout!:old Town Board of Appeals
[.lain Road
Southo!d, NY 11971
Walter N. Pharr, Jr. as Contract
Re: Appeal Application of Vendee of Nicholas Aliano
Location of Property:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 ~,:YCRR, Pa~t 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
[ ]
May be located within 300 feet of tidal wetlands;
ho~/ever, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-i,ring edge
of this property is a bulkhead less th.n 100 feet
in length.
not
£ ]
appear to
May be located within 300 feet of tidal wetlands; '
and there is no bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(Signature plea,~e) wa±~r N. Pharr, Jr.
as Contract Vendee of Nicholas Aliano
RICHARD F. LARK
ATTORNEY AT LAW
February 26,
1982
Mrs. Judith T. Terry
Southold Town Clerk
Town Hall - Main Road
Southold, New York 11971
RE: Walter N. Pharrt Jr. - Variance for property
of Nicholas Aliano, Southold, New York
Dear Mrs. Terry:
In connection with the above-captioned matter, I am enclosing
the following:
1. Application for Variance in triplicate.
2. Exhibit A: Site Plan and Plumbing Diagram.
Exhibit B: Excerpt from Southold Town Zoning Map.
Notice of Disapproval from Building Inspector.
Notice to Adjacent Property Owners with proof of
mailing together with certified mailing receipts
attached thereto.
6. Short Environmental Assessment Form.
7. Four (4) copies of survey of premises prepared by
Roderick Van Tuyl, P.C. dated November 5, 1981.
2~-~ 8. Check payable to the Town of Southold in the amount
of $15.00 for the filing fee.
If all is in order, please place this matter before the Board
of Appeals so a date may be set for a public hearing.
Very truly yours,
Richard F. Lark
RFL:bc
Enclosures
STATEMENT OF INTENT
THE WATER SU~LY AND ~WAGE DIS~AL
SYSTEMS FOR THIS RESIDENCE WILL
IS) A~LICANT
CONSTRUCTION ONLY
DATE:
H. S. REF. NO..
A~ROVED:
OWNERS ADDRESS:
TEST HOLE
J~AUTHO~rZ[D Ar.~ATi~N OR
50.2
167A(c)
~ COUNTY C
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