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HomeMy WebLinkAbout2957 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 - ' '-'-'=-~-'--- Real Prcperiy Tc: < / (4-].o/ 1 , ~'o '~U~=pOL. K COUN'TY ,~XHIBIT project title: '¢'~,ARR" , F-,t= iAI L ~OWTHOLD N ,¥. drawing title: F'LLIM~II-qO. D~AORAt"I CAIJLK AUL. Of::PJ~ 11'-4' /~o~ foLIo" '2'-d~ IF-o" r2Lo~ IILO'1 /"2'-d' RDI-IoII ELeO'- I" qdI Idb F"LO0~ Tr~H ~ ~ I~DTtO~ 5ECFiC~ A' LC~ ~t Iq, F1 II 1-7 LJ L4 ,~ Iq F1 "x T1 I! ¢'-o" 0.c -- L '0 I'='NO~OSE--t::;, I ~/.. - Io~n 0t Soulholl =oo -- ~P, NO, drawing title: V~N-F YA,~T IELZVA-F I0/-~ ~'L ~VA-FIOht ~1 ~¢J*T F~ LO0[~ EL i'2 ~-_-_-_-_-_-_-_-_-_~ZDI~' I/~,~ =iLO. ~TAI b t drlwn by: checked by: drawing numb®i: L ~" d~ x L"dh~e ~ L GLOi"-I~ l-i'lJ E:)l HAL ':ZF R. ~t'2 \v/Au.aH 1L ~ ~_ TOY/r L.AT~ ~b qOL ~ Y4-' b I J ,4- /'2 ~i?\v~ ~UBpLco~ QDN'T TY~ PLOOK CONS'TRUCUON CONO ~L-K WAL~ D~--{'AI L. f=LA~fllNO ~NT ~L~ ~T ~ ~Mi~ WtTHI~ I~) ~HC~ ~ UNI~ ~LL ~ HOLLONV a) ALL P~AHING AHP CO~N~IO~ ~HALL I) ~P~ I~NTI P~GTION ~/1~ - 9)~N~%~B~%- t/Q~c-O tNT- ~ ~W/ A~A. N~O~NOA~LON~ ab JOHM~ ,MAN~VILL~ ~l~ Kl~ ltl CLA~6 A ~) HOL~kV H~AL DOO~ ~ bLJILOINO drawing title: P.L l-) D'- ~"