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HomeMy WebLinkAbout3120South Side C.R. 48, Southold I0/27/83 D-establish a machine shop for manufacture of hardware, a use permitted in "C-Light Induskrial" Zone. ~c.~-~ ~~ Southold Town Board of Appeals NAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3120 Application Dated April 18, 1983 (Planning Board referral 10/11/83) TO: Marcia Z. Hefter, Esq., attorneY for [Appellant(s)] WARREN AND ELLEN HUFE 108 East Main Street, Box 279 Riverhead, NY 11901 At a Meeting of the Zoning Board of Appeals held on December 19, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section kdRequest for Variance to the Zoning Ordinance Article VI , Section 100-60 Article VIII Section 100-80(B) [1] [ ] Request for The public hearing on this application was held on October 27, 1983. Application of WARREN AND ELLEN HUFE by Marcia Z. Hefter, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Articles VI, Section 100-60, and VIII, Section t00-80(B) [1] for permis- sion to establish a machine shop for manufacture of hardware, a use permitted in the "C-Light Industrial" Zone. The subject premises is zoned "B-Light Business" and is located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-59-10-005. By this appeal, applicants seek a use variance for permission to establish a machine shop for the manufacture of surgical hardware, computer hardware, and aerospace hardware in a "B-Light Business" District. Such a use is permitted only in the "C-Light Industrial" and "C-General Industrial" Districts by Special Exception from the Board of Appeals pursuant to Article VIII, Section 100-80(B) [1] and Article IX, Section 100-91. Prior to the amendments of the zoning ordinance and zoning maps on November 23, 1971, similar uses for manufacturing and fabricating were permitted in a "B-Business" Dis- trict under the prior Article IV, Section 400, for which the subject premises was zoned. On November 23, 1971, the zoning for these premises and the surrounding business properties were amended to disallow these manufacturing, fabricating and other uses in all the "B-Business" Districts, and accordingly permitting these same uses only in the "C-Industrial" Districts as noted above. Ail of the members of this board are familiar with the property in question as well as the surrounding neighborhood. The property in question is located on the south side of County Road 48, Southold, and is shown on the Suffolk County Tax Map as District 1000, Section 59, Block 10, Lot 5. The premises comprises an area of 15,618 sq. ft. as shown on the site plan dated September 1, 1983, and is vacant. The parcel adjoining on the west was divided from the subject parcel in 1968 by the applicants herein by conveyance (1000-59-10-4, now of E. Koster). Said premises is improved with a one-story concrete block building used for light manufacturing since prior to the zoning amendments in 1971. On the north side of the dual lane highway are parcels also zoned "B-Light Business." Two of those parcels are improved with buildings which were constructed about 1957 and used for light manufacturing or fabricating since prior to the change in zoning in 1971. (CONTINUED ON PAGE TWO) DATED: December 23, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3120 Matter of WARREN AND ELLEN HUFE Decision Rendered December 19, 1983 Also, further west along the north side of C.R. 48 is a parcel of land (1000-59-9-part of 30.2) improved with a new building, which parcel was the subject of Appeal No. 2957 for Walter N. Pharr, Jr. permitting wholesales in addition to retail sales in this "B-Light Business" District and prohibiting light industry uses such as fabricating or manufacturing. Also, premises to the east and south of the subject parcel, and premises adjoining the "B-Light Business" area in this neighborhood are all zoned "A-Residential and Agricultural," some of which are improved with one-family dwellings. At the public hearing held on October 27, 1983, applicants' attorney testified that it is the applicants' intention to relocate their machine shop presently located at the north side of C.R. 48 to the parcel in question at the south side of C.R. 48 because they need a more "square" building rather than a long, extended building and that the size of their present building is not adequate. How- ever, the board finds that the parcel upon which their present business is located is a more "square" configuration, approximately 140' by 110', and that the parcel in question is "rectangular," an average of approximately 63.91 feet by 258.92 feet. The area of each parcel is very similar in size, and it is the opinion of the board that the parcel to be used does not lend itself to being more adequate. The building proposed would contain 3,900 square feet in area, having a width of 39 feet and depth of 100 feet, and would be set back 35 feet from its nearest point to the front property line along C.R. 48 (the road is curved), 15 feet from its westerly side line and six feet from its easterly side line at its nearest points. Parking for 12 vehicles is proposed in both the front and rear yard areas, which appear to be the maximum available due to the size of this parcel. It is noted that a new building in the "C" industrial district, where this use could be conditionally permitted, is required by the Bulk Schedule to have: (a) a minimum sideyard setback of 30 feet, (b) a minimum total of sideyards of 50 feet, (c) a minimum front- yard setback of 50 feet, (d) a minimum rearyard setback of 50 feet. It is also reflected that all of the board members are familiar with the statements given at the public hearing including the testimony of a local real estate broker. The courts have held, that before a use variance may be granted, the record must show, by dollars and cents proof, that the land in question cannot yield a reasonable return if used only for a purpose allowed in the zone district in which it is located, that the plight of the owner is due to unique circumstances and not to the general conditions of the neighborhood which may reflect the unreasonableness of the zoning ordinance itself, and that the use to be authorized to be used for the variance will not alter the essential character of the neighborhood. Dollars and cents proof has not been presented in this case, and accordingly, the board must deny the use variance requested. NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3120, application of WARREN AND ELLEN HUFE for a use variance, BE AND HEREBY IS DENIED. Location of Property: South side of County Road 48, Southold, NY; County Tax Map Parcel No. 1000-59-10-005. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. ,~ Dec%mber. 23, 1983 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of Soug/[o]d =` Tow' 'n Board fSouthold o Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, October 27, 1983 commencing at 7 : 30 o'clock p.m. and as follows: 7: 30 p.m. Application of WILLIAM L. MUSSER, by Michael F. Doyle, A. I.A. , as agent, 506 -East 84th Street, New York, NY 10028 for a Variance to the Zoning Ordinance,' Article III, Section 100- 32, for permission to construct detached accessory garage in the frontyard area at premises known as Lots l and 2 at Chocomount, located on a Private Road, at Fishers Island, NY; County Tax Map Parcel. ID No. 1000=004-05-5. 4 . 7: 35 p.m. Application of 'WARREN AND ELLEN HUFE, by Marcia Z. , Hefter, Esq. , 108 East Main Street, Riverhead, NY for a. Var�iance �to the Zoning Ordinance, Articles VII, Section 100-60, and VIII, Section 100-80 (B) [1] for permission to establish a machine shop for manufacture of hardware, a use permitted in the "C-Light Indus- trial" Zone. The subject premises is zoned "B-Light Business" and is located at the South Side of C.R. 48 , Southold, NY; County Tax Map Parcel ID. No. 1000-59-10-005. 7: 45 p.m. Application of 'WARREN AND 'ELLEN HUFE, by Marcia Z. - Hefter, Esq. , 108 East Main Street, Riverhead, NY for a Special Exception to the Zoning Ordinance, Article. VIII, Section 100-80 (B) for permission to establish a "C-Light Industrial" use in this "B-Light Business" Zone, at premises located at the South Side of C.R. 48 , Southold, NY; County Tax Map Parcel ID No. 1000-59-10-005 . 7 : 50 p.m. Application for 'GEORGE J. WIESER, by Garrett A. Strang as agent, Box 1412, Southold, NY for a. Variance due to lack of approved access, New York Town Law, Art. 16, Section 280-A, over a private right-of-way located at the East Side of- Harbor Lane, Cutchogue, NY; premises in question: County Tax Map Parcel ID No. 1000-97-06-010 . Page 2 . - Legal Notice October 27, 1983 Regular Meeting and Public Hearings Southold Town Board of Appeals 7:55 p.m. Rehearing of Appeal No. 3139. Application of ROBERT W. GILLISPIE III, by Stephen R. Angel, Esq. , 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for approval of insufficient area, width and sideyard setbacks of building in this proposed two-lot division of property located at the northeast corner of Main Road, and Beckwith Avenue, Southold, NY; County Tax Map Parcel Nos. 1000-61-02-005, 006 and 007. For additional information concerning the above matters, please contact Linda Kowalski, Secretary, Zoning Board of Appeals, at the Town Hall, 765-1809 .(or 1802) . DATED: September 29, 1983 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN (end of lega _no ltice_for-publication) ------ --- ---------------------.-------------x Instructions to newspapers: Please publish once, to wit, Thursday, October 20, 1983 and forward one affidavit of publica- tion to: Southold Town Board of Appeals, Main Road, Southold, NY 11971, on or before October 26, 1983. (tel. 765-1809) . -----------------------------------------------------------------------x Copies have been furnished to the following, on or about 10/14/83: Mr. Michael F. Doyle, A.I.A. , 506 East 84th Street, NY, NY 10028 Mr. William L. Musser, 167 East 82nd Street, NY, NY 10028 Marcia Z . Hefter, Esq. , 108 East Main St, Box 279 , Riverhead, NY 11901 for Warren and Ellen Hufe Mr. Garrett A. Strang, Box 1412, Southold, NY 11971, for George J. Weiser Stephen R. Angel, Esq. , 108 East Main St, Box 279, Riverhead, NY 11901 for Robert W. Gillispie III, and others Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Vic Lessard, Building Dept. Z .B.A. Members Supervisor W. Pell Individual -ZBA files EIVQ TOWN OF SOUTHOLD, NEW YORK ►APR'181983 Jl APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. �/r12 ; . Town gerr)i 5outtiotd' � �� 1 1983 DATE... .................t......... TO THE ZON I NG"BOARD OF APPEALS, TOWN O F SOUTHOLD, N.Y..- l Tm) ..........WARREN F1 E.&.ZLtEN..I�I7M.......of ......�+!�4�1�..Av,®xlu9... .. . ... Name of Appellant Street and Number :. ................................ Southold ........... N.Y. 11971........HEREBY APPEAL TO .............................................. .... Municipality State THE ZONING BOARD, OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ......3-22-83................................. WHEREBY THE BUILDING INSPECTOR DENIED TO John E. Bridenhagen,. Pres. Jebco Builders, Inc.. ................................................................................. Name of Applicant for permit of • 1445 New York Ave. Huntifigton.Station, New York 11746 ........................................................................................................................... - Street and Number Municipality State X ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY T. LOCATI-ON OF-THE PROPERTY .....::��dle .Road 100p :Street Use.District on Zoriing Map Map 1000 Sect. 59 Block 10 PCL 5 ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by'number: Do not quote the Ordinance.) Art. VI Sec 100-60 & Art. VLLL. Sec. 100-80 .(B)1, and Special Exception 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ): A VARIANCE due, to, lack_of ;access ;(.Sta.te, of;:New-YorkJown. Law Chap.;62:'.Cons:,;.Laws -Art. 16 Sec'. 280A Subsection 3 From tBI Light business to' Light Industrial use in accozdanoe with special exception granted by the Zoning Board.-Of Appeals,, 4. PREVIOUS .APPEAL A previous appeal (has) (haste_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 (g) A Variance to the Zoning Ordinance is requested for the reason that appliCalltS om the subject parcel of propeii-L which lies in B Light Business Zane District. Applicants wish to construct a building.which is t D be used as a machine shop for the of .surgical hare. oaoVulber hard- ware and aerospace harcitQaM. Applicants vwn property across the street d iron-the subject property on TAdch they now conduct this'business as a pre-existing use. ibis use is permitted on a special OCCepttfon basis in C Light Industrial Districts. z�jest property is zoned B Light Business. (Continue on other side) REASON FOR APPEAL Continued 7'`. 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- "sory HARDSHIP: because applicants are the owmas of the subject property wiiiii t 36`, originally purchased prLor to the `enai °G',;.of these provisions of the Zonis Ordinance f=+om which an appeal is sought. The premises were originally purchased for the purpose.of eonstru+c11 1 a machine shop. . The premises.from-which applicants now conduct their business, 'are no longer suitable for the 000tinoati,on of applicants' business because of the size restri�ctio�zs. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because applicants property which is the subject of this applicatim is immediately adjacent to premises used for light industrial pUrpcses. Similarly, $pP .to use the subject property for the same purposes which they have used property owned by thm directly­across the street on Middle Road. - 3. The Variance would observe the spirit of the ' Ordinance and WOULD NOT CHANGE`.THE CHARACTER OF THE DISTRICT because Sl11M-0t1ndillig.parcels of proper y are used for similar purposes.as to which applicants seek peamissi cn; herein. In fact, the property on the northerly side of middle Road"directly across from the subject piremises _is now used for, the purposes •,_ .- w `- " r STATE OF NEW YORK ) ss ...!� ���'.. . ............ COUNTY- OF` s- ): _ Signature . . Sworn to'-this ..............eth: .. day,,of Aptil.. •1983'. ... MAR or blic - �ZrI ftftrY Public,Stam of N&W yorit Qualified n S 7�nty. cDminls4ion Expires March 30, 1984 47 SUFFOLK_CO.HEALTH DEPT: APPROVAL e,� - . e. .., .. � - ., - ." . . . - ������� •:,�"©�. . ATENIENT OF (N�NT- - fj - TFtE WATER SUPPLY;ANIa`SEYVAE-Dt$POSAeI� - � .' �� , •� _. - - � _ K-�t V - SYSTEIV�S FOR :: THIS 'RESIDEN'CE WILL , CONFOIRJVV1 TO THE STANDARDS OF THE SUFFOLK C DEPT. OF HEALTH SERVICES. �a L�7"/NOL_De Al ": APPLICANT u - SUFFOLK COUNTY DEPT. OF HEALTH SERVICES — FOR APPROVAL OF CONSTRUCTION ONLY DATE: Z H. S. REF. NO.: APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: { DIST. SECT. BLOCK PCL. OWNERS ADDRESS: :=,.: Sou fd�� AleW }'ter //_-971 - - Q -f'i�7c7�Ilflri I DEED: 'L.65-39 P. - TEST HOLE ":STAMP "" tiJ\ QRAUTHORI2ED All ttts�li�ry .,.. . .•�wa ' :t.f'•. * QO THIS SURVEY .. � IS A VIOLATION OF bECTION 7209 OF THE NEW YORK STATE- EDUCATION LAW. ... rOPIES OF'THIS SURVEY MAP NOT BEAaING THE LAND SUP.YEYOR'S INKED SEAL OR . - 4 EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDiChT.D HEREON SHALL RUN:I ONLY TO THE PERSON FOR IN THE SURVEY \ IS PREPARED,AND ON HIS BEHALF TO THE P.TLE COMPA;lY, GOVERNMENTAL AGENCY ANT _rl0lNG INSTITUTION LISTED HEREON, AND !:?THE ASSIGNEES OF THE LENDING INSTI-' ,,/) ':%PION.GUARANTEES ARE NOT TRANSFERAB+ � f�Et, 'O ADDITIONAL flGTMrrl0N% OR SUBSFQzi• _= vave/ SEAL eay jaip _- ar( /3,S s Savt�, �` RO. y' 6i k 1 J - E'oRI K VAN TUYL. P.C. I �NS�D LANDUYo RSLC,� s � Ll ! REENWC3RT NEW YOP.K w FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. �.. 0. NOTICE OF DISAPPROVAL File No. Date To ��Q . . ei�'�Cf�d-�. . /✓' `�'j :CJ1� �IjP�Yh�/J�VC/� PLEASE TAKE NOTICE that your application dated 19 . for permit to construct . . 14,-:", .�/'{/.�'lE. . �. . . . . . . . . . . . . . . . . . . . . . . . . at J _ Location of Property �,J. . . . !��Q'd . 1� ! 'l�J. . . . . . C!. �G� House No. / Street 4 ei County Tax Map No. 1000 Section . . . ...., Block /P. . . . . . ...Lot ..0-0.5 . . . . . Subdivision . . . . . . 77. . . . . . . . Filed Map No. Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds �� ��FS �� (��c��C<�If7 (37 4° «Q- . l c . /o!�• .�� f�'. Vic!✓ c Qr/ . <aw . . . . . Building Inspector RV :/80 G� o V Southold Town Board of Appeals -2- October 27, 1983 Regular Meeting (Appeal No. 3175 - WILLIAM L. MUSSER, continued: MEMBER DOYEN: the slab which is shown in the picture. MR. CHAIRMAN: They probably have it in the building permit appli- cation. MEMBER DOYEN: I think it is to ' scale. MR. CHAIRMAN: Ok. Hearing no further comments, I' ll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. - - PUBLIC HEARING: Appeal No. 3120. Application of WARREN AND ELLEN HUFE, by Marcia Z . Hefter, Esq. , 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Articles VI, Section 100-60, and VIII, Section 100-80 (B) [1] for permission to establish a machine shop for manufacture of hardware, a use permitted in the "C-Light Industrial" Zone. The subject prmeises is zoned "B-Light" - Business and is located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. '1000-59-10-005. The Chairman opened the hearing at 7: 40 o 'clock p.m. and read the legal notice . of hearing in its entirety and appeal application. .MR. .CHAIRMAN: We have a copy of the site plan revised 3/25/83 (further revised 9/1/83) indicating a proposed building of approxi- mately 39 ' by 100 ' on said premises. I also have a copy of the Suffolk County Tax Map indicating this property and the properties in the immediate area. Mrs. Hefter, would you like to be heard? MARCIA Z . HEFTER, ESQ. : Good evening. I'm Marcia Hefter. I represent Warren and Ellen Hufe, the applicants. Mr, and Mrs. Hufe are in the audience and are available to respond to any questions that the board might have or that anybody else might have. They've asked me to present to the board the relevant facts which they will be pleased to swear to the accuracy to following my presentation. The premises which are the subject of this application are located on the south side of the north highway in the zoning dis- trict known as "B-Light Business. " At the present time, they are unimproved. The parcel contains an area of approximately one-third of an acre, has a distance on the North Road of about 732 feet. To the east of the property lies a parcel of unimproved real property. To the west is an improved piece of property on which Elco Machine Shop is operated; it' s improved by a' one-story concrete-block build- - ing that' s used also for light manufacturing purposes. It is my Southold Town Board of Appeals -3- October 27, 1983 Regular Meeting . . . . . . . . . . . . . . . . . . (Appeal No. 3120 - WARREN & ELLEN HUFE, continued: ) MRS. HEFTER continued: understanding that a warehouse has been recently constructed I believe within the last year a little further to the west on the north highway containing about 5, 000 sq. ft. Across the street on the north side of the highway is another parcel of property that' s owned by Mr. and Mrs. Hufe on which their present business is located. What they wish to do is cease operations on the north side of the north highway, construct a building directly across the street on the . subject parcel, and conduct their business--the very same business that they now conduct on the other side of the street from this prop- erty. There is also another piece of property. adjoining theirs on the north side of the highway that is also improved by .another structure on which another manufacturing business is conducted. This piece of- property was purchased by Mr. and Mrs. Hufe in 1968 . It was pur- chased at a time when the zoning ordinance of the Town of Southold did in fact permit the use which they seek to make of the property at this time. It is my understanding that the use was that the zon- ing was changed subsequently to prohibit it in this district. The business which they operate on the other side of the street has been operated there for maybe a dozen years. At first they rented the premises from which they operate, and then in 1973 they purchased it. It has been used as a machine shop and the building has an area of approximately 1,600 sq. ft. What they would like to do and what we have submitted the site plan to the Planning Board for is to construct a building of about 3,900 - 4,000 sq. ft. The site plan shows parking for 12 cars and two loading areas. The increased space that this building would offer to them will more than double the size of their present loca- tion. They have grown out of their present location. They would like to buy some new machinery. There is no room to put it. They have about a dozen employees in their present location. They have no facilities for their employees for them to have lunch, for them to take a break. The plans for this building on the subject property would incorporate the facility for a lunchroom for the employees and for space so that they can purchase new equipment and machinery, with the idea that perhaps at some time in the future, they will hire a few more employees. At the present time, we anticipate just working with the employees that we have in this new location with larger--greater amounts of equipment and newer kind of equipment. We need to move to a space that is in this locality because the employees that have been. trained to work for Mr. and Mrs. Hufe live in this area. Most of them are CETA employees. Some of them walk to work. Some of them depend upon other people who work their for transportation, so we need to relocate in this area. As the board is aware, Mr. and Mrs. Hufe appeared before about a year or two ago in connection with another piece of property also Southold Town Board of Appeals -4- October 27, 1983 Regular Meeting (Appeal No. 3120 .- WARREN AND ELL'EN 'HUFE, continued: ) MRS. HEFTER continued: on the north highway a little to the east on the north side of the north highway; and at that time the board -- at that time, Mr. and Mrs. Hufe intended, had plans to relocate on that piece of property which already was improved by a building which is smaller than the size of the building that they wish to construct here. And the building' s configuration is long. It' s long on the highway and with a narrow depth. In reviewing the kinds of equipment that they want to purchase and in reviewing the size of that building, they realize that the size of the building was not adequate and that it' s conver- sion for their purpose would be very difficult because of the config- uration of it. ' They need more of a "squarer" building, if you will, rather than a long, extended building; and therefore they do not plan to use that piece of property for the relocation of their business, and that' s why we 're here tonight. We believe that this particular application -- that the appli- cation of the ordinance to this particular piece of property will in fact produce practical difficulties and unnecessary hardship which are unique to this particular piece of property. The piece of property that we are here for has been listed for sale with various real estate brokers. It has not been sold. As a matter of fact, we have not even received one offer to purchase it. We believe that we have not been able to sell it because of the uses that are permitted in "B-Light Business" Districts, which it lies. f The property is located at a portion of the north highway, which ` is a four-lane highway--there' s a 55 mile an hour speed limit. It ' s not on a corner. It' s a small piece of property. It' s one-third acre. It has a rather narrow frontage on the north highway--73, feet. Furthermore, the piece of property immediately to the west is improved by a concrete-block building which is just three feet off our property line. This is a very difficult piece of property to sell for the uses which are permitted in the Business District. It' s too small for a farming operation. It' s too small for a town structure or a boarding house or for retail stores or for a restaurant. In short there' s no market for it. Furthermore, we are unable to find another piece of property in the immediate environ which would be fitting for the purpose that we seek to use this piece of property. We can' t find anotherpiece�. of property zoned in the C-Light Industrict District that would fit our purposes. Therefore, we feel that the application of the ordinance does in fact produce both practical difficulties and unnecessary hardship, which are unique to them. Furthermore, we do not feel that the variance which we 're requesting will change the character of the area because in fact the property used to the west and to the north of this property is used for the very same purposes which we seek to use it for. Southold Town Board of Appeals -5- October 27, 1983 Regular Meeting (Appeal No. 3120 - WARREN AND 'ELLEN HUFE, continued: ) MRS. HEFTER continued: We have come before this .board to ask not only for a use variance but for a Special Exception use, which would permit .us to use the property-- MR. CHAIRMAN: Next hearing. Normally I open both of them up at the same time, but I didn't choose to do that tonight because I really didn't know what kind of testimony you were going to give us. MRS. HEFTER: Well, I have Mr. Albertson here who I would like to offer testimony that is pertinent to both applications. MR. CHAIRMAN: Is the testimony that he intends to give us pertinent .to both the applications -= we can't divide them and say that one is more pertinent to the change as the other one would be more pertinent to the Special Exception. MRS. HEFTER: Well, what we can do perhaps is Mr. Albertson can give his testimony now and then when you open up the hearing for the Special' Exception, if you would like I can have him-- MR. CHAIRMAN: Recapitulate. MRS. HEFTER: Right. I don't know the procedure before this board as to who swears him in. CMR. CHAIRMAN: It' s really up to the Chairman to make the determination if he has to be sworn in, and at this particular time I don' t think he has to be sworn in. MRS. HEFTER: Would you like him to speak from there--I would just ask him a few questions. MR. CHAIRMAN: Yes. MRS. HEFTER: Would you let us know your full name and your business address. ALBERT W. ALBERTSON: Albert W. Albertson, Jr. Business add- ress is East Main Road, Southold, real estate. MRS. HEFTER: How long have you been engaged in the real estate business? MR. ALBERTSON: Nine years. MRS. HEFTER: And .has your nine years been spent in the Southold area? MR. ALBERTSON: Yes. MRS. HEFTER: Are you actively involved in the purchase and sale of business and commercial property? MR. ALBERTSON: Yes. Southold Town Board of Appeals -6- October 27, 1983 Regular Meeting (Appeal No. 3120 - WARREN AND ELLEN HUFE, continued: ) MRS. HEFTER: Are you familiar with the parcel of property which is concerned in this application? MR. ALBERTSON: Very much. MRS. HEFTER: Do you know the applicants, Warren and Ellen Hufe? MR. ALBERTSON: Yes, I do. MRS. HEFTER: Did Mr. and Mrs. Hufe list this particular piece of property with you for sale? MR. ALBERTSON: . Approximately eight years ago. MRS. HEFTER: Have you been able to show it to any parties who were interested in viewing it? _ MR. ALBERTSON: I have shown it twice and I have never had an offer. MRS. HEFTER: Are you familiar with the zoning district in which this property lies; namely, "B-Light Business" and its permitted uses? MR. ALBERTSON: Yes. MRS. HEFTER: Are you familiar with zoning District "C-Light Industrial" and its permitted uses? G MR. ALBERTSON: Yes, I am. MRS. HEFTER: Are you also familiar with the business which the applicants operate known as Future Machines across the street from the subject property? MR. ALBERTSON: Yes, I am. MRS. HEFTER: The property is now zoned "B-Light Business. " In this particular zoning district, one of the permitted uses is farming and farm structures. Do you feel that this particular piece of property has any value to be marketed for this use? MR. ALBERTSON: For farming, about $6, 000 an acre is what we 're getting for farm property. MRS. HEFTER: Do you feel that this particular piece of property could be sold for farming purposes or for farm structures? MR. ALBERTSON: I think it ' s too small. MRS. HEFTER: Another permitted use in this district is for a town structure. Do you feel this particular piece of property could be used for a town structure? MR. ALBERTSON: Number One, it' s too small--I 'm sure the Town Southold Town Board of Appeals -7- October 27, 1983 Regular Meeting . . . . . . . . . . . . . . . . . (Appeal No. 3120 - WARREN AND ELLEN HUFE, continued: ) ( MR. ALBERTSON continued: wouldn't want any structure on a 55-mile an hour highway. MRS. HEFTER: Another permitted use is for a boarding house. What is your feeling as to the applicability? MR. ALBERTSON: Not room enough. MRS. HEFTER: Another permitted use is for business, professional and government offices. Do you think that the property is usable for that purpose? MR. ALBERTSON: ' I don't think it is big enough for government offices. And we don't need another real estate office. MRS. HEFTER: How about using the property as a bank or as a retail store or restaurant? MR. ALBERTSON: I don't think it' s the proper location. Particularly with a factory right next door to it and. one across the street. MRS. HEFTER: The other permitted uses in this area are bake- shops, laundromats, and marinas. Do you feel that the property could be used for either of those three purposes? CMR. ALBERTSON: No, I don't think they'd be allowed to put a " bakery shop there, or marina wouldn't work, too. MRS. HEFTER: In your expert opinion, what do you feel that the value of the property is if it were to be permitted to be used for the purpose which the applicants seek; namely, for manufacturing purposes? MR. ALBERTSON: I would say it should be worth somewhere in the neighborhood of $25,000 to $30,000 for that particular use if they're allowed to use it for that reason. MRS. HEFTER: In your opinion, if this parcel of property were improved by Mr. and Mrs. Hufe with a building in which they could operate the business that they now operate across the street, do you think this would have an adverse effect on the adjoining properties and their use? MR. ALBERTSON: No, I think it would be a big asset. I think anything that Warren has done in the past proves that any building he owns is beautiful. - MRS. HEFTER: Are there any parcels of property in the Southold area .to your knowledge which would be available in Zoning District ._ "C-Light Industry" which could be used by Mr. and Mrs. Hufe? e Southold Town Board of Appeals -8- October 27, 1983 Regular Meeting (Appeal No. 3120 - WARREN AND ELLEN HUFE, continued: ) MR. ALBERTSON: Not in the local Southold area that I know of. MRS. HEFTER: I have no further questions to ask him at this time. MR. CHAIRMAN: - All right. Let me run through and I'll ask you a question, ok? Is there anybody else that would like to speak in behalf of this application? (No one) . . Anyone wishing to speak against this application? (No one) . You did elude to the fact, and I' ll direct this to you and you can direct this to the appli- cants, that in 1968 when they purchased the property that they were with the opinion that .they could use this property for manufacturing purposes. I'm not aware of what happened in 1968 . In fact I'll be honest with you, I was in college in 1968, but I had no knowledge of the fact that there was any change done in the ordinance from 1957 until the present (as to zone districts) . I would assume --- "B-Light" was "B-Light" at that particular time. Maybe they could shed some light on that subject. MRS. HEFTER: I think that perhaps when it was purchased, it might have been purchased with the belief it could be used for their business purposes because they were in fact operating the business across the street, and perhaps this belief was not an accurate belief. I 'm not familiar with, the history of the ordi- nance, so as to make the statement that they could legally use it in ' 68 for this purpose would, of course-- MR. CHAIRMAN: So you're not familiar with any specific change that might have existed. MRS. HEFTER: No. MR. CHAIRMAN: Because I'm not either. Would you be willing to research that in any way and find out if there would have been any change? I have no knowledge of it. MRS. HEFTER: I would be happy to. MR. CHAIRMAN: I know of nothing at that particular time of a change. This is of course a one-story structure, is that correct? MRS. HEFTER: Yes, it is. MR. CHAIRMAN: When we use the word "metal, " you're referring to metal on all sides, three sides, or-- MR. HUFE: Metal on all sides. MR. CHAIRMAN: Ok. I guess that should sufficiently take care of it. Hearing no further questions -- did the board members have any questions? (None) Hearing no further questions, I 'll make a motion closing the hearing and reserving decision, pending any infor- mation that Mrs. Hefter might have concerning the change of the zoning on this in 1968 . Southold Town Board of Appeals -9- October 27, 1983 Regular Meeting (Appeal No. 3120 - WARREN AND ELLEN HUFE, continued: ) MEMBER GRIGONIS: Second. On motion by Mr.. Goehringer, seconded 'by Mr. Grigonis, it. was RESOLVED, to close the hearing and reserve decision, pending any information Mrs. Hefter might have concerning a change of zoning on this in 1968, in the matter of the application of WARREN. AND ELLEN HUFE, Appeal No. 3120 . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3119. Application of WARREN AND ELLEN HUFE, by Marcia Z . Hefter, Esq. , 108 East Main Street, Riverhead,. NY__ for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 (B) for permission to establish a "C-Light Industrial" use in this "B-Light Business" Zone, at premises located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-005. The Chairman opened the hearing at 8 : 04 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the same sketch plan dated 3/25/8.3 (revised 9/1/83) . We also have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties. Mrs. Hefter. MARCIA Z . HEFTER, ESQ. : Mr. and Mrs. Hufe would like to use this property for the manufacture of the machinery, which operation they are conducting directly across the street. Electrical power is used for the manufacture of this machinery which is used in the aerospace industry and in surgical supplies. The use of this electrical power will not create any adverse effect on the' environment. There are no odors or smoke emitted from . it, nor are there any extraordinary emissions of light or sound as can be witnessed by just viewing their present operation. The board is really in the unique circumstances in able to determine exactly what is going to happen by just looking across the street and seeing .what is happening right now, because we envision conducting exactly the same process, the same business--just across the street. There will be no increase in traffic as a result of this Special Exception use. We plan to engage the same number of employees at the present time. On an average day, we have perhaps two salesmen coming to the location. It' s not open to the general public; therefore, there will be no increase in traffic. There will in fact not only be a conservation of property- values but an increase in property values as was testified to by Mr. Albertson before (see prior hearing minutes of Appeal No. 3120, same applicants) . The property in his opinion is more valuable if it were to be used for Southold Town Board of Appeals -10- October 27, 1983 Regular Meeting, . . . . . . . . . . . . . (Appeal No. . 3119 - WARREN AND ELLEN HUFE, continued: ) MRS. HEFTER continued: �J the purpose that we seek tonight. The character of the existing uses in the area are similar. The property immediately to the west is used for manufacturing purposes. The property across the street to the north is used for manufacturing purposes. Therefore the character of the neighborhood would not be changed. There are no churches, schools. or recreation areas in the vicinity which would be adversely affected by this use. The public safety will not be affected as there will not be any increased possibility of fire or flood as a result' of the operation of the business. As a matter of fact, as far as the public safety is concerned, I would think that the use of the property for manufacturing purposes as opposed to retail purposes would be far more beneficial because of the existence of this four-land, 55-mile-an-hour highway. that traffic would be coming off of and coming on to in the case of a retail business or a retail use. In In sum, what we are position is, is that there would be absolutely no adverse effects at 'all to the use of the property for manufacturing purposes as a Special Exception. Instead, what this use would do would enable use to retain jobs which have been created for local residents of Southold by this business and possibly create some future jobs for additional Southold residents with better working facilities they may now have. ( J What we 're. asking to do is take the business from one side of the road and move it to the other side of the road, all which we feel will be in the best interests of both Mr. and Mrs. Hufe and of the Town. If there are any questions that the board has that they would like to address to either me or the applicants, we would be more than happy to respond. MR. CHAIRMAN: Because of the nature of this particular piece of property and the nature of use variances, it is the customary opinion of the board to come down and visit the site and as you did so nicely state, that you do have this business in operation--so this board will be contacting you in the very near future, and Mr. Hufe, when we do go out on inspections, and we will be coming down preferably on a Saturday morning and view his present site. And there would be no decision until some time after it. So I would tend to think within the next two or three weeks we will be doing that. I would like to say, and my opinion in general, and the opinion of the board, and anybody can correct me at this particular point-- because of the nature of this piece of property and if this application was granted, I could possibly see no further additions being placed on this particular building because of the nature of this particular piece of property. Thirdly, I have no idea and what the update of the Master Plan, of what affect that might have in this particular area. I -.have not seen it. It was presented in a preliminary state last week and I Southold Town Board of Appeals -11- October 27, 1983 Regular Meeting ► (Appeal No. 3119 - WARREN AND ELLEN HUFE, continued: ) MR. CHAIRMAN continued: did not completely review that area to see what the firm is dealing with and the Planning Board in this area. Fourthly, the plan itself appears to be crowding the ease line to a certain degree. I want to ask Mr. Hufe how high the walls would be on this building. MR. HUFE: Fourteen feet high. MR. CHAIRMAN: And the board will take that into consideration. I have no further questions at this particular point. Let me ask to see if there is anybody else to speak. Anybody like to speak against the application? MRS. SHIRLEY BACHRACH: I have a question. Will the present building be used after the new one is operated? MRS. HEFTER: Mr. and Mrs. Hufe plan would hope to be able to lease the building for some other purpose. They don' t intend to use the building that they're now in for the operation of their business. They want to move their complete operation across the road. MR. CHAIRMAN: That was my last question, Shirley. Thank you. Any questions from any board members? (None) . Hearing no further ! questions, I ' ll make a motion closing the hearing and reserving decision until after our inspection. Thank you very much everyone for coming in. Have a good evening. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until after inspection, in the matter of the application of WARREN AND ELLEN HUFE, Special Exception Application ,No. 3119 . Vote of the- Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PENDING APPLICATION OF WILLIAM L. MUSSER - Appeal No. 3175. The public hearing was held earlier this evening. Mr. Michael F. Doyle; A.I.A. , agent for Mr. Musser, appeared at this time. Mr. Doyle showed pictures to the board members which denoted the topo- graphy of the land (very steep) . Mr. Doyle said there would be no opposition to the best of his knowledge. The structure proposed is a one-story, lh-car garage, approximately 24 ' by 24 ' , at 1512" high, which will be lower than' the roof line of the existing one-family dwelling structure and lower than the tree line. No vegetation or large trees will be disrupted. Mr. Doyle assured that the proposed garage will not have habitable quarters, as well as no heat. The hose for the garden will be the only plumbing. Mr. Doyle apologized for his tardiness. The board returned the pictures to Mr. Doyle and thanked him for coming in. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING May 24, 1984 Town of Southold Board of Appeals Applicant: Warren &Ellen Hufe Mun. File No. : 3120 S:C.P.D. File No. : SD-84-6 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced,-�pplication which has been submitted to the Suffolk County Planning Commission is onsidered to be a matter for local determination. A decision of local determiiecion should not be construed as either an approval or disapproval. Comments: Appears inappropriate as .sufficient information has not been sub- mitted to demonstrate compliance with applicable use variance criteria. Very truly yours, ' Lee E. Koppelman Director of Planning by GGN:jk Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY • HAUPPAUGE,L.1..NEW YORK ■ 11788 ' Southold Town Board of Appeals �• O1 ����" MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., 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: Article. VIII , Section 10.0-.80 (B ) [1] XX Variance from the Zoning Code, Article V.I. Section 10.0-60 Variance from Determination of Southold Town Building inspector Special Exception, Article , Section Special Permit Appeal No. : 3120 Applicant: W.A.RR.EN. .AND '.ELL.EN '.H.UFE Location of Affected Land: South' Si-de of :C .'Rv 4-8 , 'Southol:d County Tax Map Item No. : 1-000-59-1.0-0,05 . Within 500 feet of : - - Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. ied COMMENTS: Applicant i.sa r•e�e-s-=-n-g permission to e s.t.a b l.i s h a machine shop for manufacture of -har-dware , -a use permitted in the '"-C-Li ght Industrial-" Zone . Copies of Town file and related documents enclosed herewith for your review. Dated: May 18 , 1984 Te:mp : 5ecr ary, Board of Appeals r 'v 1 A Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. October 12 , 1983 Ms . Marcia Hefter Esseks , Hefter, Cuddy & Angel 108 East Main Street Riverhead, New York 11901 Re: Warren & Helen Hufe Future Machines Site Plan Dear Ms . Hefter: The enclosed certification for the above site plan was discussed at our regular meeting October 11, 1983 . It was the concensus of the Board to hold this applica- tion in abeyance :':pending Zoning Board of Appeals decision regarding a use variance. If you have any questions, please feel free to contact our office . Very truly yours , HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Enc. cc: Zoning Board of Appeals ,---- Building Department. TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR =o ;� P.O. BOX 728 TOWN SOUTHOLD,HALL 1971 S E P 2 6 REC'O September 23 , 1983 Planning Board Town of Southold Main Road Southold , N .Y. Subject : Certification site plan Future Machine Corp . Gentlemen : The subject premises is zoned for B-Light Business . The proposed use is not permitted in this zone . A variance would be required for this C-Light Industrial use for this district . Also , a Special Exception must be applied for and .is subject to Planning Board approval of site in accordance with Art . XIII . Set backs of proposed building meet requirements for this zone district . Off-street parking requirements are to be determined by th,e Planning Board per Art . XI , Sec . 100-112 A and shall comply with sub-sections B, C ,D , E, & K of this section . Off-street loading areas are adequate for proposed use as required by Art . XII , Sec . 100-113 , however , width of spaces per sub-section B shall be a minimum of 12 ' -0 ; it should be noted on site plan accordingly. Also the size of parking spaces , _ minimum 10 x 20 should be indicated on plan . The loading area spaces shown are parallel to parking spaces which .r�.ql�; rP senag: f�S1tI1�d�Qng rPsi c3Pnti al 9_i.strict , however . none is provided for loading area , it would seem screening for this area should be required also . This certification is made in accordance with Art . XIII , Sec . 100-133 C , relative to zoning regulations . Yours trul VA 7 ' Edward F . Hindermann Building & Housing Inspector - EFH : ec Attch . H� u r �h Southold Tows Eoard ®f Appeals 'MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 �.A i TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 23, 1983 Marcia Z. Hefter, Esq. 108 East Main Street P.O. Box 279 Riverhead, NY 11901 - Re: Appeals No. 3119 and 3120 1 Matters of Warren and Ellen Hufe Dear Mrs. Hefter: For your records, please find enclosed copies of the --• board' s decisions rendered December 19, 1983 and filed with the office of the Town Clerk this date. Yours very truly, ti i GERARD P. GOEHRINGER CHAIRMAN v L� gja V e k:i L in a walski ' Enclosures cc: Mr. and Mrs. Warren Hufe Copies. of decisions to: Building Department Planning Board Mr. and Mrs. Warren Hufe Suffolk County Planning Commission ESSEKS,,HEFTER, CUDDY & ANGEL COUNSELORS AT LAW 106 EAST MAIN STREET P. O. Box 279 WILLIAM W. ESSEKS RIV ERHEAD, N.Y. 11901 WATER MILL OFFICE MARCIA Z.HEFTER (S16)369-1700 MONTAUK HIGHWAY CHARLES R.CUDDY P. O. BOX 570 STEPHEN R.ANGEL TELEx-EHCA 6852318 UW WATER MILL,N.Y. 11976 (516)726-6633 JAM ES HEFFRON ' November 16, 1983 Southold Town. Board of Appeals Main Road Southold, New York 11971 Re: Application of Warren and Ellen Hufe Gentlemen: On October 27 , 1983, at the time of the public hearing in connection with the application of Warren and Ellen Hufe for, a variance and special exception to the Zoning Ordinance permitting them to establish a machine shop for the manufacture of hardware, you had requested that I inform the Board of the status of the zoning of the subject parcel of property at the time that Mr. and Mrs. -Hufe acquired it on April 24, 1968. The Southold Town Clerk has provided me with a copy of the pertinent section of the Southold Town Zoning Map, as it was in effect in April of 1968. I enclose a copy of the map which appears to indicate that the subject property was at that time located in "B Business District". I also enclose a. copy of the pertinent section of the Zoning Ordinance which was in effect in 1968 which lists .all permitted uses in this zoning district at Article IV, Section 400. The Zoning Ordinance, in effect in 1968, apparently permitted carpenter , plumbing, blacksmith, electrician, tinsmith and painter shops , and any manufacturing or assembly in connection with these permitted uses, which manufacturing was necessary to the preparation of articles to be sold on the premises. Arguably , ' the use which Mr. and Mrs. Hufe propose at the subject premises may have been permitted at the time that they acquired the property in 1968. M Southold Town Board of Appeals November 16, 1983 Page 2 It is my understanding that the Board of Appeals will be visiting Mr. and Mrs. Hufds present business operation located on the north side of Route 48 in Southold during the month of December. In the interim, should the Board require any further information concerning these applications, please do not hesitate to contact me. Very truly yours, Marcia Z. Hefter MZH/glm encls. R V1 '8Ig rr1�'3 Q NO FZT Cl PO / N7- �... -V w � d✓ �i C 4 1 ----- ', so uTN LD , .1 --- YOK ,,p r7 -- 3 b - .�6) .�,•ll Off' � `,V - = 1 z IL -1 01 FA IL •t y �1 �I q y 1 • than 'twelve thousand five hundred' exception by the Board of Appeals as. mum provision for off-street parking (12,500) feet, a single family dwelling hereinafter provided.) shall be made as follows: may be built thereon with side yards 4—Tourist camps, when authorized (a) Dwellings — One (1) parking reduced fifty (50) percent and may be as a special exception by the Board of space for each family unit. further reduced when authorized as a Appeals as hereinafter provided. (b) Hotels, boarding and tourist,special exception by the Board of 5-1%rlarinas for the docking, mooring houses — One (1) parking space for Appeals as hereinafter provided. or accommodation of non-commercial each.two (2) guest rooms. SECTION 308—"A" REAR YARD— boats when authorized as a special ex- (c) Motels and Tourist Cottages In the "A" Residential and Agricul- ception by the Board of Appeals as One (1) parking space for each guest tural District, there shall be a rear hereinafter provided. room or dwelling unit. yard having a minimum depth of G—Accessory uses of the same lot twenty-five (25) feet. with and customarilySECTION 3G0—SIGNS—In the '.M" PROVIDED that, in case of a lot incidental to any Multiple Residence District the follow- he'd in single and separate ownership permitted use and not Involving the ing signs are permitted. g p conduct of a separate business. Ili ns at the effective date of this Ordinance, g permitted in an "A" Resi- having a total depth of less than,one N SECTION 351 Residence is Ic the dential and Agricultural District. hundred (100) feet, a single family N`�� Multiple Residence District, no .2—On premises used for hotel, motel, dwelling may be built thereon with a building hereinafter erected or altered boarding and tourist house purposes, rear yard of Iess than twen flue shall exceed thirty-five (35) feet or unless otherwise'l;rovided as a special Y- three.(3) stories in height. exception by the Board of feet, when authorized as a special ex- Appeals as ception by the Board of Appeals as SECTION 352—BUILDING AREA— hereinafter provided, one (1) advertis- hereinafter provided and PROVIDED In the "M"Multiple Residence District, ing sign, either single or double faced, further that in no case shall the rear the total building area shall not exceed not exceeding fifty (50) square feet in yard be less than fifteen (15) feet, fifty (50) percent of the lot area. area, the lower edge of which shall be SECTION 309 — "A" ACCESSORY SECTION 353 — SIZE O. LOT riot less than four (4) feet above the BUILDINGS—In the "A"Residential AREA—In the "M" Multiple Rest- ground, and the upper edge-cf-which and Agricultural District, accessory -deuce District, no luilding shall be shall not exceed more than thirty-five buildings may occupy forty (40) per- erected or altered on a lot having an (35) feet above the ground. Such sign cent of the required rear yard up to area of less than twelve thousand five shall advertise only the business con- an average height of eighteen (18) feet. hundred (12,500) square feet and a ducted on the premises,and shall be set The yard area allowed by such ac- . frontage of less than one hundred back not less than five (5) feet from cessory buildings shall be included in (100) feet.• all street and property lines. computing the percentage of lot area SECTION 354 — FRONT. YARD — ARTICLE III 33 to be built upon and PROVIDED In the '.'All Multiple Residence District, 11liltipie Residence District further that no building of any kind the required front yard shall be not or nature shall be built within three less than thirty (30) feet. SECTION 370—In the ':vl-l"Multiple (3) feet of any lot line. SECTION 355—Where the property Residence District, no building or SP.CTION 310 — OFF-STREET in the vicinity is partly built up with premises shall be used, and or altered PARKING AREA—In "A" Residen- permanent buildings and an average ing shall be hereafter erected or altered tial and Agricultural Districts, no setback line has been established, no unless otherwise provided in this Or- building shall be hereafter erected or building hereinafter erected or altered dinance except for one (1) or more of all.crecl or added to in excess of fifty shall project beyond the line of tha the following uses: (50) percent of its area prior to the average setback so established. 1—All permitted uses 1n "A" Resi- adoption of this Ordinance, unless not SECTION 356 — In the case of a dential and Agricultural Districts. Iess than one (1) -parking space for corner lot of record at the time of the 2—Dwellings designed for and oc- carh family unit therein shall be pro- adoption of this Oi'd.nance, a front cupied by not more than four (4) vided for. For all places of public as- yard shall be required. Whcrc an aver- families. sembly including auditoriums, churches age setback line has been established 3—Boarding and tourist houses. and similiar public gathering places on each street, the yard depth shall 4—Accessory uses on the same lot erected there shall be•provided not be established on a line with said with and customarily incidental to any less than one (1) parking space for average setback lines projected to a permitted uses .and not involving a each seven (7) •permanent seats in' point of intersection. If no average separate business. such buildings or for each part of the setback lines have been established, the SECTION 371—All premises in the total area within such building or required front yard shall not be less "M-1"Multiple Residence District shall structure as is or may be made avail-, than thirty-five (35) feet from each comply with the provisions of Article able for seven (7) permanent or street line unless decreased as a special IIIA with respect to building height, temporary seats. The formula for pro- exception by the Board of Appeals as building area, size of lot area, front viding an adequate parking area is hereinafter provided. yard, side yards, rear yard, off-street an area of three hundred thirty-four SECTION 357—SIDE I'AnDS — In parking area and signs. (334) square feet.per required motor the "M" Multiple Residence District, vehicle unit. there shall be two (2) side.yards, one Alt7.'ICLE Iv ARTICLE IIU (1) on each side of the buildings, the "B" Business District total aggregate of both side yards shall SECTION 400—In the "B" Business "51" Multiple Residence District be twenty-five (25) feet and no one District, no building or premises shall SECTION 350—In the "M" Multiple (1) side yard shall be less than ten be used, and no building shall be here- Residence District, no building or prem- (10) feet. after erected or altered unless other- ises shall be used, and no building shall SECTION 358—REAR YARD — In wise provided 1n this Ordinance, except be hereafter erected or altered unless the "Ad" 'Multiple Residence District for one (1) or more of the following otherwise provided in this ordinance there shall be a rear yard having a uses: except for one (1) or more of the fol- minimum depth of twenty-five (25) 1—All permitted lowing uses in the lowing uses: feet. Residential and Agricultural, "AM" i—Ali permitted uses in "A" Resi- SECTION 359 — OPP-STREET :Multiple Residence, "M-1" Multiple dential and Agricultural and 'iM-1" PARKING AREA — In the "M" Residence, "B-1" Business and "B-2" AlulLiple Residence Districts. Multiple Residence, District, no build- Business Districts. 2—hotels and motels, ing shall be hereafter erected or altered 2—Storage houses. 3—Tourist cottages. (More than one or added to in excess of fifty (50) 3—Ice manufacturers. (1) Tourist Cottage may be permitted percent of its area prior to the adop- 4—Express carting or hauling offices on a lot when authorized as a special tion of this Ordinance, unless a mini- o: stations. 5-4nrds for storage and sale of fuel dwelling, there shall be a rear yard SECTION 409—"B" SIZE OF LOT ' and building materials, having a minimum depth of fifteen AREA—In the "B" Business District, G—Printing plants, (15) feet. PROVIDED further that,in no building shall be erected or altered 7—Bookbinding plants, the case such building is over forty (40) on a lot having an area of less than 8—Laundry, dry cleaning and dyeing feet high, the depth of the rear yard seventy-five hundred (7,500) square plants. shall be increased five (5) feet for feet and a frontage of less than fifty 9—Creamery, butter and cheese mak- each ten (10) feet or fraction thereof (50) feet. ing and milk bottling and distributing which the building exceeds forty (4o)plants. J..V feet in height. SECTION 410 — OP F-STREL T 10—Carpenter shops. PARKING AREA — In "B" Business 11—Plumbing shops. "' '.h ' SECTION 407 — "B" DENSITY OF . District; no building shall be hereafter 12—I31acksmith shops,' POPULATION—In the "B" Business elected, or altered or added to in ex- 13—Electrician shops. District, no building shall hereafter be cess of fifty (50) percent of its area 14—Upholsterer shops, ? erected or altered to accommodate or prior to the adoption of this Ordinance, 15—Tinsmith shops. make provisions for more than twenty unless a minimum provision for off- 16—Painter shops: (20) families on one (1) acre of ground street parking shall be made as follows: 17—M;chinas, commercial docks, com- or more than a proportional number of (a) Hospitals — One (1) parking mercin fuel docks and families on a fractional part of any space for every four (4) beds. piers. . acre of land, based on the require- 18-1-crry docks and ferry houses. ments as outlined above. (b) Theatres and Restaurants—Ono 19—Boat yards, boat storage yards (1) parking space for every seven (7) and boat storage basins. SECTION 408 — SIGNS — Unless seats. 20—Any manufacturing, fabricating, otherwise authorized as a special'ex- (c) Dwellings — One (1) parking treating, converting, finishing, altering ception by the Board of Appeals as space for every dwelling unit. or assempling, in connection with the hereinafter provided, the following aforesaid permitted uses and which sighs are permitted in a "B" Business (d) Hotels—One (1) parking space is a necessary incident and accessory District: for every two (2) rooms. to the preparation of articles to be sold (a) DETACHED OR GROUND (e) All places of public assembly primarily .on the premises or- to the SIGNS — One (1) sign, single or such as auditoriums, churches and for performing of a service primarily for double faced, not more than six (6) similar uses " One (1) parking space. residents of the neighborhood. feet six (6) inches in height and twelve for each seven (7) permanent seats or 21—Accessory use on the same lot (12) feet six (6) inches in width, the an area equivalent to seven (7) perm- with and customarily incidental to any lower edge of which shall be not less anent seats. Of the above permitted uses. than three (3) feet above the ground (f) All structures where offices or 22—The stripping of land to secure and the upper edge of which shall not living quarters are provided over the satisfactory top soil for grading or extend more than fifteen (15) feet first floor, an additional space small be other purposes is permitted, provided six (6) inches above the ground, which provided for each office or for each material so obtained is used on the sign shall be set back not less than dwelling unit: immediate peemises. If a building is five (5) feet from all street and prop- (g) All other business buildings being constructed or altered material erty lines and shall advertise only the where the ground floor area is in ex- excavated in connection with such business conducted on the premises. ce.ss of two thousand five hundred construction or grading on the prem- (b) WALL SIGNS—One (1) sign at- (2,500) square feet — One (1) parking ises may be sold however. Cement tached to or incorporated in each space for each two hundred (200) block manufacturing, and natural pro- building wall on a public street and square feet of building area or frac- duction uses such as the excavation for advertising only the business conduct- tion thereof in excess of two thousand sale of sand, gravel, clay, shale or ed in such building, provided such sign five hundred (2,500) square feet. other natural mineral deposit are per- does not: The formula for mitted only as a special exception by 1 — Exceed two (2) square feet in Providing an three Board of A quate parking area is an area of three Appeals. total area for each horizontal foot of hundred thirty-four (334) square feet SECTION 401—No building may be' such wall, and. erected, altered, or used, and no lot or 2 — Exceed in width one hundred per required motor vehicle unit. premises except for agriculture may be (100) percent of the horizontal mess- ARTICLE IV A used for any trade,industry or business urenhent of such wall.thnt has been adjudicated a public 3—Excced ten(10)feet in height, and .,B-1„ Du=mess District, nuisance by a court of record. 4—Exceed fifteen (15) feet six (6) SECTION 420 In the I3-1 Busi- SECTION 402—"13"HEIGHT—In the. inches from ground level to the u ness District, no building or premises "B" Business District, no building edge of sign, and pper shall be used and no building shall be hereafter elected or altered shall ex- 5—Project more than one (1) foot hereafter erected or altered unless ceetl fifty (50) feet, from such wall. otherwise provided in .this Ordinance SECTION 403 — "B": BUILDING (c) ROOF SIGNS—In lieu of a wall except for one (1) or more of the AREA—In the "B" Business District, sign authorized by the preceding sub- following uses: no bullding shall be erected or altered division (b), a 1•oof sign shall be i. A11 permitted uses 1n the "A"Resi- or used in whole or in part as a dwell- permitted provided the same is at- dential and Agricultural, "M" Multiple ill" to exceed seventy (70) percent of tached to or incorporated in a roof, Residence, "M-1" Miil!lple Residence the lot area. which sign shall advertise only the 'and "B-2" Business Districts. SECTION 404—"B" FRONT YARD— business conducted in the building 2. The following uses when author- -In the "3" Business District, the re- 1`upon which it is attached, and pro- 'ized as a special exception by the quired front yard shall be at' least vidbd that such sign does not: Board of Appeals as hereinafter pro- twenty-five (25) feet. 1—Exceed two (2) square feet in• vided: SECTION 405—Where property in total area for each lineal foot of such a. Places of amusement. the vicinity is partly built up with roof, and Permanent buildings and. an average 2—Extend above the highest point b. Public garages. setback line has been established, no of the roof in the case of a pitclhed. C. Gasoline service stations. buildings hereafter erected or altered roof, and in all other cases exceed d• New and used car lots. shall project beyond the line of the two (2) feet six (6) inches in'height e. Fishing stations. average setback so established. above the highest point of the roof, 3. Accessory uses en the same lit SECTION 406—"B" REAR YARD— and In the "B"Business District,if a build- 3—Project beyond the edge of the Pa.- and customarily incidental any ing is used in whole or in part as a roof, �r�nitted uses and not involvin6 a separate business. = Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD., L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. September 29, 1983 SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3120 PROJECT NAME: WARREN AND ELLEN HUFE This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of . the Environmental Conservation Law. This board determines the within .project not to .have a significant adverse effect "on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION Change of Use of Premises to permit machine shop in a B-Light Business Zone. "C" use requ.e!5ted. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: South Side of C.R. 48, Southold, NY; 1000-59-19-5 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Subject premises is not in a critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski , Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone : (516) 765-1809. Copies .of this notice sent to the applicant (s) or agent (s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. be held by the Southold Town uti l:.iu vvuou, tieing auiy sworn, says mor she is me Zoning Board of Appeals at Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, the Town Hall; Main Road, Southold, N.Y. -on Thi ursdaa,, a public newspaper printed at •- 4hold, in Suffolk County; October 27, 1983 commencing and that the notice of which the annexed is a printed copy, at 7:30 o'clock p.m. and as follows: has been published in said Long Island Traveler-Watch- 7:30 p.m. Application -of man once each week for /..........weeks WILLIAM L. MUSSER, by Michael F. Doyle, A.I.A., as• """'• ' successively, commencing on the G -agent, 506 East.84th Street, New York, 'N.Y.10028 for a� Variance to"the Zoning Ordin- day of ............ ........�' '"'�'............. , ance,.Article III,. Section,100- ;- 32;for permission to construct ••-•-• ••-•••......-•••••....... /••r-- detached accessory garage in s. the frontyard area at premises known'as Lots 1. and 2 "at Chocomount, located on`'''a" Private Road, -it Fishers'Is- rtL land, e N.Y.;''County Tax Map Sworn to before me this ................................ day of Parcel ID No. 1000-004-05-5.4. "Application ''of. • (�g �-%---V 3 WARREN AND ELLEN IIUFE ......................................... 19........,...;by Marcia Z. Hefter, Esq., `.'i08 East Main Street, 'River- `,head, N.Y.' for a Variance tb' the. Zoning Ordinance, "Ar iicles VII, Section 100-60,'and ......... ... "VIII, Section 100-80(B)[11 for . Notary blic permission to establish a ma- chine shop for manufacture o hardware, a use,permitted in CLE?,,jFAiF j.a ICrh.An0M the "C Jight: '.'Industrial" NOURY PUBLIC,State MW Y4 Zone. The subject remises is' N` .52-9321725 J P Residing in Suffolk Cau,,jjV 'zoned"B-Light Business'.'and Commission Expires Pgarrh A 1 is located at the South Side of i County Tax Map Parcel ID No. - S9 10 005 _:"7 45 pm `Application of 'l WARREN °AND E"L L E N. " HUFE, by'Marcia Z. Hefter,' ^Esq., :108 East Main Street, Riverhead; N.Y.for a Special - .Exception to the Zoning;Or- dinance, Article VIII, Section ;., 100-80(B) for permission to establish a "C-Light Indus trial use is`'this";"B-Light- Business" Zone, at premises" 66 located at the South Side o C.R.. 48, 'Southold, County Tax Map Parcel ID No.'' 1000-59-10-005. '7:50 p.m. Application "for " GEORGE J., WIESER, by _Garrett'A. -Strang as."agent,- x( Box 1412, Southold,N.Y.for a' pJ Variance due to lack of ap- �' '� u� proved -access,.' 'New'-York Town Law,` Art.'16,"'Section' 280-A, over a private right-of-- ,;way located at the East Side of :harbor Lane, <_Cutchogue,. N.Y.;.premises in'';question: County Tax Map Parcel ID No '.7,55 " p.m. Rehearing "of Appeal No. 3139."Application of ROBERT W.GILLISPIE III, by -Stephen R. Angel, Esq 108 East Main Street, River- head, N.Y. for a'Variance to the Zoning Ordinance, Article Section 100-71, ;•,Bulk Schedule,,•for`:approval- -of insufficient area, width and sideyard setbacks of building in this proposed two-lot divi- sion of property located at the northeast comer of. -Road, and Beckwith Avenue, Southold, N.Y.; County .Tax , Map Parcel Nos. 1000-61-02= 005, 006 and 007. For additional information -'concerning the above matters; —�� please contact Linda Kowalski, 'l Secretary, Zoning Board of Appeals, at the Town Hall,',` 765-1809 (or 1802). DATED: September 29, 1983. BY ORDER OF THE SOUTHOLD TOWN ir P. -a. BOARD OF APPEALS on a Private Road,at Fishers Island, NV; County.Tax Map Par el f0.1000-004-05-5.4. • :35 1. Application of WARREN AND ELLEN HUFE, by Marcia Z. Hefter; Esq., 108 East Main Street, Riverhead,NY for a Variance to the Zoning Ordinance, Articles VII, Section 100-60, and VIII,Section 100-80(B)[11 for permission to establish a �e machine . shop for, .manufacture of hardware, a use permitted in the"C-Light Industrial" Zone.The,subject premises is'zoned "B-Light Business"'and is located at the South .Side of, C.R. - 48, Southold, NY County Tax Map Parcel ID-No. 1000-59-10- 005. _7:45 p.m.',Application of . WARREN,:'�,AND ;. ELLEN HUFE;by':Marcia.Z:Hefter, Esq., 108 East Main Street, a Riverhead,.NY for a=Special :r:? Exception, .to. the Zoning`-:; Ordinance, Article Section 100-80(B) for .per- mission to establish:a; ;r..';..,. Light Industrial" use in,this 'B-Light Business",.Zond,.at,V premises located at the South,. Side of C.R.48,:Southold,NY;. County,Tax.Map•Parcel ID. � No 1000-59-10-005 ` :Y 7 50,p.m Application for �-3a GEORGE. J;yWIESER;:,,by al Garrett'A; Strang as agent,',; Box 1412, Southold,NY,fora Variance due;,'to lack of r } approved access, New;-York Town Law:'Art.:16, Section 280-A;,over a private light=of==, w STATE OF NEW YORK ) ::,way located at the East.Side of ) SS: Harbor Lane,Cutchogon:;ue,1•TY;ty COUNTY OF SUFFOLK ) ..;premises in.questi ;;Coun Tax Map Parcel I12i1Vo 10�00- `+�'��r JOAN C_T7CZTAVcnm of Greenport, in said County, being duly sworn,says that he/she is Principal Clerk of THE SUFFOLK TIMES,a Weekly 7 55 p m Rehearing of Appeal o. 13 Newspaper,N 39: Application P Per, published at Greenport, in the Town 'of ROBERT W:._.GILLISPIE of Southold, County of Suffolk and State of New III,by StephenR.Angel;Esq:;;: ' York, and that the Notice of which the annexed is A08 .East.-::Main:;:>;$treet;. Aiyerliead;NY.for:a`Variance a printed copy, has been regularly published in '-,;A the Zoning said Newspaper once each week for one (1) _ .Article VII, Section`:100-71;��;: .'--.Bulk Schedule,for.approval'of."; weeks successively, commencing 2 0 th insufficient area; width and,='< g on the sideyard setbacks,.of building' day of October 19 8 3 �in 'A his proposed.: two-lot-; - division.of property located at the northeast corner- f Main'' -Road, and Beckwith;Ayenue,; Southold,..NY;..County`:•TaX -Map Parcel.Nos.;1000-6,1 02- 005,006and007. }:': "`a;: Principal Clerk For additional_information concerning the above matters,`; Sworn to before me this t please contact„_;;;;Linda; O er Kowalski, Secretary;''Zoning`l day of g 3 Board of Appeals,,-at the.To.w!i' Hall,765-IBW(or 1802).;,' DATED:September-29,1983: BY ORDER OF.; _ 1.:.:.. -THE SOUTHOLD TOWN .;a; g LEGAL NOTICE BOARD OF APPEALS rr NOTICE IS HEREBY �GERA. P GO INI GAN GIVEN,-pursuant to Section the.Town Law and the _ 44T _�„'r.�.�,:.�"�;.a.,.:�-•`= r ;? "Provisions of:the Amended " > 'Code of the Town of Southold, 4, ReguIac.Meeting and the ollowing public hearings will rbe held by the Southold Town a;;Zoning Board of Appeals at the..Town Hall,-,Main Road, ';`� Southold,:,NY on Thursday. .; October 27;•1983 commencing 7:30.o'clock p.m. and as foudws °7:3o p.m. Application of +WILLIAM I;._MUSSER. by. ...:.'Michael F. Doyle, A.I.A., as agent, 506 East 84th Street, --a New York,.NY 10028 for Variance ;..to the :Zoning Ordinance, Article III, Sec- _-tion 100-32, for permission to construct detached accessory garage in the frontyard arena at premises known as Lots 1 -='. and 2 at Chocomount, located 'VFOLiIt`OG z y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN : Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I . Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up .during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802) . Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Ik Enclosure Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERTJ. DOUGLASS April 29, 1983 JOSEPH H. SAWICKI Marcia Z. Hefter, Esq. Esseks , Hefter, Cuddy and Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeals No. 3119 and 312 - Warren and Ellen Hufe "C-Light" Use in a "B-Light" District Dear Mrs. Hefter: Please be . advised that the following action was taken at a Regular Meeting of the board held on Wednesday, April 20 , 1983 concerning your recent application (s) : RESOLVED, that the matter of WARREN and ELLEN HUFE, be held in abeyance pending receipt of comments , recommendations or approval from. the Southold Town Planning Board regarding the site plan. [Section 100-60 (A) ] Vote of the Board: Ayes : Messrs. Goehringer, Grigonis , Douglass, Sawicki and Doyen. This resolution was unanimously adopted. In the event you have not filed your site plan with the Planning Board secretary, please either call their office (765-1938) or stop by with your plans in order that they can place your matter on their next available agenda. Please let us know when the Planning Board has acted upon your matter. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk By Linda Kowalski , Secretary cc : Planning Board Building Department Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. S.E.Q.R.A. September 29, 1983 SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3120 PROJECT NAME: WARREN AND ELLEN HUFE This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Change of Use of Premises to permit machine shop in a B-Light Business Zone. "C" use requested. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more .particularly known as: South Side of C.R. 48, Southold, NY; 1000-59-19-5. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Subject premises is not in a critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski , Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone : (516 ) 765-1809. Copies of this notice sent to the applicant (s) or agent (s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. Town Hall, 53095 Main Road P.O. Box 728 �0 Southold, New York 11971 JUDITH T.TERRY ® TELEPHONE TOwN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 18, 1983 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Trasnmitted herewith is Zoning Appeal No. 3120 application of Warren & Ellen Hufe for a variance. Also 'included is notification 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. • �✓ram Judith T. Terry Southold Town Clerk L- ESSEKS, HEFTER, CUDDY & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. BOX 279 WILLIAM W. EsSEKS RIVERHEAD, N.Y. IIJOI WATER MILL OFFICE MARCIA Z.H EFTER .�. (516)369-1700 MONTAUK HIGHWAY CHARLES R.CUDDY _ P. O. BOX 570 $TEPHEN R.ANGEL WATER MILL,N.Y. 11976 (516)726-6633 JAMES HEFFRON April 8, 1983 Zoning Board of Appeals Town of Southold Main -Road Southold, New York 11971 Re: Application of Warren Hufe and Ellen Hufe Gentlemen: This office represents the above applicants in. connection with their request for a use variance, their application .for a special exception and site plan approval . In connection with the application for a special exception, we submit the following: 1. Notice of Disapproval from the Building Inspector. 2. Application for Special Exception, in triplicate. 3 . Notice to Adjoining Property Owners annexed to which you will find certified mail receipts. 4 . Short Environmental. As.sessment Form. 5. Wetlands -Letter. 6 . .Four (4). copies of survey of the property. 7 . One .(1) copy of the building plans. 8 . Check made payable to. the Town Clerk of the Town of Southold in the sum of $25 representing your filing fee. In .connection with the application for a variance, we submit the .following: 1. Notice of Disapproval from the Building Inspector. 2 .. Appeal from decision of the Building Inspector, in triplicate. . 3. Noti.ce to Adjoining Property Owners form annexed to which you will find certified mail receipts. 4. Short Environmental.'As.sessment Form. 5. Wetlands Letter. i, Zoning Board of Appeals Town of . Southold April 8, 1983 Page 2 6 . Four (4) copies of updated survey. 7. One (1) copy of building plans. 8. Check made payable to the Town Clerk of the Town of Southold in the sum of $25 representing your filing fee. Kindly notify this office of the time and date of the scheduled hearing in connection with these matters. Very truly yours, i MarciaP. ef.ter (Mrs.' ,R. J. Hefter) MZH:ejp Encs. F ESSEKS, HEFTER, CUDDY & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. BOX 279 WILLIAM W. ESSEKS RIVERHEAD, N.Y. 11901 WATER MILL OFFICE MARCIA Z.HEFTER (516)369-1700 MONTAUK HIGHWAY CHARLES R.CUDDY P. O.BOX 570 STEPHEN R.ANGEL WATER MILL,N.Y. 11976 (516)726-6633 JAM ES HEFFRON April, 14 , 1983 Southold Town Board of Appeals Main Road Southold, New York 11971 Attn: Ms. Linda Kowalski Re: Variance Application of Warren and Ellen Hufe and Special Exception Application of Warren and Ellen Hufe Dear Mrs. Kowalski: In accordance with your letter of April llth, submitted herewith please find "Notice to Adjacent Property Owner" form for the Special Exception and for the Variance Applications previously filed in connection with the above property owners. Each Notice enclosed herewith has the appropriate affidavit of mailing on the reverse side. Very truly yours, t (�L Marcia Z . Hefter MZH:ejp Encs. - SF Southold Town Board of Appeals ;T MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765,1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, J.R. ROBERT J. DOUGLASS JOSEPH H.SAWICKI April 11, 1983 Marcia . Z. Hefter, Esq. Esseks , Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Variance Application ,of Warren and Ellen Hufe Special Exception Application of Warren and Ellen Hufe Dear Mrs. Hefter: In reviewing the above docum.ents,. it has been found that the -Affidavits- of Mailing required on the reverse side of the "Notice to Adjacent Property. Owners" form for the Special Exception and also the Variance have. not been provided. We will return the Notice to Neighbors form with certified receipts in order that you may re-submit with the Affidavits for each set of forms. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Warren Hufe NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Clement Booth PROPERTY OWNER Edward Koster Mr. Harold Kael.in YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intp undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) pecial Exceptiop jSpecial Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Dist 1000 Sect, 59 Block 10 PCL 5 3. That the property which is the subject of such Petition is located in the following zoning district: Dist B Light Business Zone 4. That by such Petition, the undersigned will request the following relief: Permission to construct a machine shop,which s: not__a permitted use--in, B. Light Business but is a permitted u'se-in-C. Light.-Industrial subject to special esception granted by the Board of Appeals. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VI Section 100-60 — V11I 100-80 B 1) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. 1 (516) 7�5-1809. 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 Travel er-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: March 31, 1983' Warren Hufe & Ellen Hufe Petitioner Post Office Address Wells Avenue Southold, N.Y. 11971 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: MARCIA Z . HEFTER residing at 39 Daly Court, Riverhead, N:Y. being duly sworn, deposes and says that on the ' 8th day of April , 19 83 , deponent mailed a true copy of the Notice set forth on the re= verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Riverhead ;that said Notices were mailed to each of said persons by (certified) (xffudj mail. Marcia Fj H f er) Sworn to before me this 14th day of , 19 8_-I N a ary Public E UM A PI MIAK NOM!►Pubft Soft N 52-S983T16of Now York CwIMW In&dk&County Commlealon Expka March 30, 1984 h . f - i STATE OF NEW YORK) COUNTY OF SUFFOLK) ss . : MARCIA Z . HEFTER, residing at 39 Daly Court, Riverhead, N.Y. , being duly sworn, deposes and says that on the 8.th day of April, 1983 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names-; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Riverhead; that said Notices were mailed to each of said persons by certified mail . • �'G�c ccC� (Marcia H ter) Sworn to before me this 14th day of April; 1983 . 41z,n, ELLEN J. PITERNIAK - Notary Public,State of New York No.524LW775 ClualffW In Suffolk County Commission Expires March 30, 1984 P 263 362 590 - P 263 332 591 P .263 362 616 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO (See Reverse) SENTTO Mr. Edward Koster SENTTO Mr. Harold Kaelln Element Booth STREET AND NO. STREET AND NO. Route 1.Boxn�O�Bck Rd. ST ARMT P.O.,STATE AND ZIP CODE 499 S. Capital St. P"O.,STATEANDZIPCODE Southold, N.Y. 11971 P•O.,STATE AND ZIP CODE Southold N.Y. 11971 POSTAGE Washington, D.C. 20003 POSTAGE $ POSTAGE $ CERTIFIED FEE I CERTIFIED FEE ¢ ti ¢ CERTIFIED FEE ¢ W SPECIAL DELIVERY ¢ ti SPECIAL DELIVERY SPECIAL DELIVERY W ¢ ¢ c RESTRICTED DELIVERY LL s RESTRICTED DELIVERY ¢ LL ¢ x RESTRICTED DELIVERY ¢ LL w W W SHOW TO WHOM AND ¢ s w w SHOW TO WHOM AND �- ca DATE DELIVERED W W ¢ y y ¢ v� w SHOW TO WHOM AND ¢ r c� DATE DELIVERED ¢ ' �+ DATE DELIVERED a s w y SHOW TO WHOM,DATE, a s w coSHOW TO WHOM,DATE, c ~ AND Y ADDRESS OF f CCy SHOW TO WHOM,DATE, fi J AND ADDRESS OF ¢ w DELIVER ¢ y J AND ADDRESS OF ¢ g = w DELIVERY o w SHOW TO WHOM AND DATE ¢z W DELIVERY o w SHOW TO WHOM AND DATE H k: s DELIVERED WITH RESTRICTED � o w SHOW TO WHOM AND DATE _ o ~ DELIVERED WITH RESTRICTED = o s DELIVERY ¢ o °C DELIVERED WITH RESTRICTED ¢ z o s DELIVERY ¢ co.> > = o DELIVERY SHOW TO WHOM,DATE AND o ¢ SHOW TO WHOM.DATE AND ADDRESS OF DELIVERY WITH " = SHOW TO WHOM,DATE AND ADDRESS OF DELIVERY WITH ¢ ERY ¢ a�e ADDRESS OF DELIVERY WITH ¢ RESTRICTED DELIVERY rn TOTAL P ND F Q RESTRICT (VERY TOTAL PO $ a $ TOTALPOST $ Q POST RK OR g POSTM R DATE �"�4PPpp ¢ POSTMAPIOR-DATEfix, rr li„i#�PR g r 00 s w SS a NY �a a W SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF is is assumed that the preparer will us-e currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research cc or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . Yes X No rn , 2.: Will there be a major change to any unique or unusual land form found on the site? . . . . . Yes X No 2 3• Will project alter or have a large effect on an existing body of water? Yes X No 4. Will project have a potentially large impact, on C groundwater quality? Yes X No 5. Will project significantly effect drainage flow C on adjacent sites? Yes X No Cr 6. Will pro-ject affect any. threatened. or endangered plant or animal species? ._ . Yes X No 7•- Will project result in a major adverse effect on �. a-ir quality-? . . . . ,. . . . . . . Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X No n 9. Wili project adversely impact any site or struct- ure of historic, pre-historic, or paleontological C importance or any site designated as a critical environmental area by a local agency? Yes X No 10. Will project have a major-effect on existing or u future recreational opportunities? Yes X No C .� 11. Will project result in major traffic problems or L cause a major effect to existing transportation Csystems? - Yes X No 12. Will project regularly cause objectionable odors., noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No C 13. Will project have any impact on public-health or LIZ safety? -Yes X No 3 1L. Will project affect -the existing community by G directly causing a growth in permanent popula- tion- of more than`5 percent over a one-year rC period or have a major negative-'effect on, the character of the community or neighborhood'? . -Yes X -No T 15• Is there p lic- controversy concerning the project? Yes X No ,,. C PREPARER'S SIGNATURE: T pre$. TebC0 Builders, Inc. REPRESENTING: Warren Hufe & Ellen H DATE: 3 31-83 9/1/78 '�7 March 31, 1983 (Today ' s Date) To: Southold Town Board of Appeals Main Road Southold, NY. 11971 Re : Appeal Application of Warren Hufe & Ellen Hufe Location of Property: South side of Middle Road Man 1000 Sect. 59 Block 10 PCL 5 Dear Sirs : In" reference to the New York State Tidal Wetlands Land-Use Regulations , 6 NYCRR, Part 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; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. * ( l 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. ( ] Mav be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. ( ] May be located within 300 feet of tidal wetlands ; and there is no bulkhead or concrete wall existing on the premises. - (Y J Is .not located within 300 feet of tidal wetlands to the best of my knowledge. * [Starred items ' (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D.E.C. ] Sincerely yours, (Signature plea e- NOTE: If proposed project falls within D.E.C. jurisdiction, approval must be received and submitted to our office before your application can be scheduled for a public hearing. T .... ........ 41 tip 77 op Lon T'AA 0 zi 'Bo'a' PDAec of uft Id T