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HomeMy WebLinkAboutZBA-05/23/1985 Southold Town Board of Appeals MAIN EOAD- STATE RI-tAD 25 !SOUTHOLD, L.I., N.Y. 11=J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$ JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M T N U T E S REGULAR MEETING THURSDAY, MAY 23, 1985 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, May 23, 1985 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr., Serge Doyen, Jr., Joseph H. Sawicki, and Robert J. Douglass, constituting all the five members of the Board of Appeals. Also present were Victor Lessard, Building-Department- Administrator, and approximately 20 persons in the audience at the commencement of the meeting (Town Board Conference Room). The Chairman opened the meeting at 7:35 p.m. and proceeded with the first public hearing on the agenda, as follows: 7:35 p.m. Appeal No. 3344 Public Hearing was held in the Matter of the Application of HERDDOTUS DAMIANOS for a Special Exception to the Zoning Ordinance for a winery for the production and retail sale of wine from grapes primarily grown on the vine- yard known as "Pindar Vineyards," 37645 Main Road, Peconic, NY. The Chairman read the legal notice of hearing and application for the record. Mr. Damianos was present and spoke in behalf of his application. No verbal or written opposition was received for the record. (For the verbatim particulars of the hearing, please refer to separate transcription attached and simultane- ously filed with the Town Clerk's Office herewith.) Following the hearing, motion was made by Mr. Goehringer, seconded by Messrs. Grigonis and Sawicki, to conclude the hear- ing pending deliberations. This resolution was unanimously adopted.and the he~ring was concluded. Southold Town Board of Appeals -2- May 23, 1985 Regular Meeting 7:50 p.m. Appeal No. 3346 -Public Hearing was held in the Matter of the Application of REYNOLD BLUM for a Special Exception to the Zoning Ordinance for a winery for the production and retail sale of wine from grapes primarily grown on the vineyard known as "PecQn~c B~y ~ineyards," 31320 Main Road, Peconic, NY. The Chairman read the legal notice of hearing and application for the record. Mr. Blum was present and spoke in behalf of his application. No verbal or written opposition was received for the record. (For the verbatim particulars of the hearing, please refer to separate transcription attached and simultaneously filed with the Town Clerk's Office herewith.) Following the hearing, motion was.~made by Mr. Goehringer, seconded by Mr. Douglass, to conclude (close) the hearing pending deliberations. This resolution was unanimously adopted and the hearing was declared closed. 8:00 p.m. Appeal No. 3341 Public Hearing was held in the Matter of the Application of HELEN M. CONWAY for approval of insufficient lot area, depth and width of parcel to be set-off from six-plus acres at Chestnut Road, Southold, NY. Rudolph H. Bruer, Esq., attorney for the applicant, requested a recess of this matter pending a response from the Suffolk County Health Depart- ment, which may require Article VI approval for the proposed subdivision. The Chairman opened the hearing and read the application and legal notice for the record. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Sawicki and Grigonis, it was RESOLVED, to recess Appeal No. 3341, public hearing in the application of HELEN M. CONWAY, without date, pending a reply and/or approval from the Suffolk County Health Department, pursuant to the applicant's attorney's request. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 8:02 p.m. Appeal NO. 3361 Public Hearing was held in the Matter of the Application for JEAN C. HOLbAND for approval of insufficient lot area and width of two parcels, known as Lots 326 and 327 on Map of Nassau Point, Section C, and Lots 36 and 37 on Map of Walter C. Grabie~ Cutchogue, NY. Cha~'rman Goeh~nger read the lega~ notice of hearing add appeal application for the record. Southold Town Board of Appeals -3- May 23, 1985 Regular Meeting (Appeal No. 3361 JEAN C'. ~LLAND,- conti-~ued:) Michael J. Hall, Esq. was present and spoke in behalf of the application. During the hearing, Mr. Hall indicated that the--smaller (vacant) parcel appears to be closer to 36,000 sq. ft. in area rather than the 40,000 indicated in the application. Mr. Hall was asked to~s~bmit a survey certified by a surveyor indicating the exact relief requested from the board. (Please see verbatim transcription prepared under separate cover and filed simultaneously with the Town Clerk's Office herewith.) Following the hearing, motion was made by Mr. Goehringer, seconded by Mr. Sawicki, to recess Appeal No. 3361 in the Matter of JEAN C. HOLLAND until the next Regulan Meeting of the board, to wit: June 13, 1985, pending receipt of the requested surveys, h Vote of the Boa'rd: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 8:17 p.m. Public Hearing was held in the Matter of the Application of PHILIP REINHARDT~ Appeal No. 3342, for approval of insufficient area, depth and width of two parcels at the North Side of Pine Neck Road, Southold, NY. The Chairman read the legal notice of hearing and appeal application for the record. It was noted that a response was received from the Suffolk County Department of Health Services indicating that "...the proposed subdivision is in nonconformance to S.C. Article VI which requires a minimum lot size of 40,000 sq. ft. when served by individual water supply system. Our records indicate that well in the general area are of good quality but are shallow and do not meet current SCDHS stan- dards. Subsoil conditions are needed to determine the suitability of the site for sewage disposal systems. Due to the shallow nature of the wells, care must be exercised in locating sanitary systems to ensure no adverse effects on the wells... Signed Walter G. Lindley 548-3317.~' The Chairman asked if there was anyone present that wished to be heard concerning this application. (There was no response.) The Chairman further indicated that Rudolph H. Bruer, Esq. has requested an "open recess" of this matter until such time as they have been able to obtain Article VI approval from the Suffolk County Health Department. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to RECESS WITHOUT DATE Appeal No. 3342 in the Matter of the public hearing of PHILIP REINHARDT sending Article VI approval. Sour'hold Town Boa~r.d of Appeals -4- May 23, 1985 Regular Meeting (Appeal No. 3342 PHILIP REINHARDT, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 8:10 p.m. Public Hearing was held in the Matter of the Application of ANDREW AND IDA PITR~, 'Appeal No. 3351, for approval of the construc- tion of an 8' by 10' accessory storage shed in frontyard area at 670 Holbrook Lane (Private Road #15), Mattituck, NY. Mr. Pitre was present and spoke in behalf of his application. (M~ss.~Wickham_, attorney for Mr. Pitre,was not present.) The Chairman read the legal notice of hearing and appeal application for the record. (Please see separate transcript of verbatim statements of hearing filed simultaneously herewith.) Following the hearing, motion was made by Mr. Goehringer, seconded by Mr. Sawicki, to conclude (close) the hearing, pending deliberations. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. PENDING DECISION: Appeal No. 3345: Bruce Vitale. The board did not received the requested floor plan, and the Secretary was authorized and directed to contact Mr. Vitale requesting same by June 7th if possible for action. DATE OF NEXT MEETING: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the Date of the Next Regular Meeting of this board be and hereby is scheduled for THURSDAY, JUNE 13, 1985 commenc- ing at 7:30 p.m., and be it FURTHER RESOLVED, that the Secretary is~hereby authorized and directed to adverise notice of the following matters for public hearings in the local and official newspapers of the town comme'ncing at 7:30 p.m. and as follows: 7:30 p.m. HELEN CONWAY (if response is received by 6/11 adver- tising deadline) 7:40 p.m. JAY P. & M. SLOTKIN 7:35 p.m. ALICE SZALA 7:45 p.m. EUGENE DAVISON 7:55 p.m. THOMAS YASSO 8:00 p.m. JEAN HOLLAND (advertisement not required) 8:10 p.m. HOWARD L. YOUNG (advertisement not required). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolutiOn was unanimously adopted. ~ So~thold Town Board of Appeals -5- May 23, 1985 Regular Meeting PENDING DECISION: Appeal No. 3346: Application of REYNOLD BLUM~ Peconic Bay Vineyards, 31320 Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for approval of the establishment of a winery at Pec'onic Vineyards premises known as 31320 Main Road, Cut- chogue, NY; County Tax Map District 1000, Section 103, Block 01, part of Lot 19. tl; more particularly identified as Parcel I of 24.249 acres as approved by the Planning Board 6/2/80. WHEREAS, a public hearing was held and concluded in the Matter of the Application of REYNOLD'BLUM on May 23, 1985; and WHEREAS, the board members have personally viewed and are familiar with the subject premises as well as its surrounding area; and WHEREAS, the board has considered all testimony and documentation entered into the record in this matter, as well as items (A) through (l) of Article XII, Section 100-121(C)[2] of' the Zoning Code; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in an "~A-80" Residential and Agricultural Zoning District having frontage of 357.23 feet alOng the Main Road and 198.62 feet along the easterly side of Stillwaten Avenue and an area of 24.249 a.cres, more particularly known as Eot #1 of the 6/2/80 Subdivision approved by the Town Planning Board, and County Tax Map District 1000, Section 102, Block 01, Part of Lot 19.11. 2. The subject 24.249 acres is improved with one barn structure presently set back from the front property line along the Main Road of 165± feet and from the easterly property line 17± feet; 3. This is an application for a Special Exception for a winery for the production and retail sale of wine produced from grapes pri- marily grown on the vineyard on which this winery is proposed to be located, provided by Article III, Section 100-30(B)[14] of the Zoning Code on the existing vineyard and farm on this 24.249-acre parcel to be located within the existing barn structure and proposed addition as shown on the sketch plan submitted with the subject application received 3-22-85; (total approximate dimensions for the winery structure shown: 76 wide at the back side, 60' deep at the east side, 46' wide at the front side, and 34' deep at the west side). 4. It is noted for the record that an application for site plan approval has been fil~ed with the Southold Town Planning Board, and although no official action has been taken, the Planning Board has recommended approval of the Special Exception proposal Southold Town Board of Appeals -6- May 23, 1985 Regular Meeting (Appeal No. 3346 REYNOLD BLUM, continued:) as submitted (resolution of 4-1-85); 5. It is the opinion of the board that the effect of Article III, Section 100-30(B)[14] limits this Special Exception approval to the production and retail sales of wine "...produced from grapes primarily grown on the vineyard on which such winery is located..." and does not permit the sale of grapes imported and/or processed, or wine, from other than the vineyard in question. In considering this application~ the board determines: (1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use is in harmony with and will pro- mote the general purposes and intent of zoning. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception for the production and retail sale of wine in the proposed winery structure with addition to be located at the vineyard known as "Peconic Bay Vineyards, BE AND HEREBY IS APPROVED as applied under File No. 3346 in the Matter of the Application of REYNOLD BLUM, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. No sleeping or living quarters in the winery structure or accessory buildings (except that one separate one-family dwelling may be permitted in compliance with all codes); 2. This special exception approval is limited to the production and retail sale of wine produced from grapes primarily grown on the vineyard on which such winery is located; 3. The effect of this special exception shall be in accordance with Article III' Section 100-30(B)[14]. 4. Any changes from the site and sketch plans submitted and approved hereunder will require additional Special Exception application and approval from this board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. ~ S6uthold Town Board of Appeals -7- May 23, 1985 Regular Meeting PENDING DECISION: Appeal No. 3339: Application for GUY SOBERING (by P. Cardinale, Esq.), Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Sche.dule for approval of insufficient area of lots in th~s proposed two-lot division of land located on the North Side of Sound Avenue, Mattituck, NY~ County Tax Map District 1000, Section 121, Block 01, Lot 3.1. WHEREAS, a public hearing was held and concluded in the Matter of the Application for GUY SOBERING on May 2, 1985; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board has considered all testimony and documentation entered into the record in this matter; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in an "A-80" Residen- tial and Agricultural Zoning District and is located on the North Side of Sound Avenue, Mattituck, approximately 1474 feet east of Bergen Avenue, and is identified on the Suffolk County Tax Maps as District lO00, Section 121, Block 01, Lot 3.1; 2. The subject premises contains a total acreage of 2.911 acres as certified by Howard W. Young, L.S. by survey most recently dated January 14, 1985; 3. By this application, appellant requests approval: (a) of proposed Lot #1 of an area of 63,404 sq. ft. with 357.96' frontage along Sound Avenue and which is improved with a single-family, two- story house set back at its nearest point from the front property line 41.6 feet, and (b) of proposed Lot #2 of an area of 63,405 sq. ft. with 198.84' road frontage and which is improved with a wood-frame structure and concrete foundation, set back 38.6 feet at its nearest point from the front (south) property line. 4. For the record, it is noted that the premises in question was the subject of a prior decision rendered by the Board of Appeals on February 27, 1975 under Appeal No. 2003 restricting the premises to contain not less than 40,000 sq. ft. in area (which was the minimum lot area at that time for each lot in a land division). -- 5. It is also noted for the record that the parcel to the : So~thold Town Board of Appeals -8- May 23, 1985 Regular Meeting (Appeal No. 3339 - GUY SOBERING, continued:) east of proposed Lot #2 identified as District 1000, Section 121, Block 01, Lot 3.2, contains 40,O00±.sq. ft. in area with an exist- ing dwelling structure (Building Permit #8083Z dated 7/18/75). In considering this application, the board has determined that the relief as requested be granted since: (1) the relief requested is not substantial in relation to the zoning require- ments; (2) the variance will not adversely affect adjoining properties and will not change the character of the district since the premises have been used for single-family purposes and no additional dwelling unit[s) would be permitted [excepted by legis- lative action of the Town Board to amend the present zoning regula- tions]; (3) the circumstances are unique; (4) practical difficulties are sufficient concerning the circumstances of this and the prior appeal applications; (5) in view of the manner in which the difficulties arose, the interests of justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3339 in the Matter of the Application of GUY SOBERING for approval of Lot #1 of 63,404 sq. ft. and Lot #2 of 63,405 sq. ft., BE AND HEREBY IS APPROVED as shown on survey dated January 14, 1985 and subject to there being no further front or side yard setback reductions (except as established or permitted by the zoning ordinance). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PENDING DECISION: Appeal No. 3351: Application for ANDREW AND IDA PITRE, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 (100-30) for approval of an 8' by 10' accessory storage shed in the frontyard area at premises known as 670 Holbrook Lane (Private Road #15), Mattituck, NY; County Tax Map District 1000, Section 113, Block 06, Lot 008. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded in the Matter of the Application for ANDREW AND IDA PITRE on May 23, 1985; and So'uthold Town Board of Appeals -9- May 23, 1985 Regular Meeting (Appeal No. 3351 ANDREW AND IDA'-PITRE, continued:) WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board has considered all testimony and documentation entered into the record in this matter; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in an "A" Residential and Agricultural Zoning District located at an intersection of two private rights-of-way (Miller Right-of-Way) and having frontage along the southerly property line of 95.82 feet along Howard's Branch of Mattituck Creek; 2. The subject premises contains a total area of approximately 35,000± sq. ft. and is improved with ones single-family dwelling and the subject 8' by 10' accessory shed located 3± feet from the westerly property line. 4. By this application, applicant requests approval of the location of an 8' by 10' accessory storage shed located in one of the two frontyard areas on this "corner" lot. In considering this application, the board has determined: (1) that the location of the accessory shed is the most feasible and unobtrusive to the neighboring properties and the subject property; (2) the relief requested if granted will not adversely affect adjoining properties and will not change the character of the district; (3) the circumstances are unique since the parcel in question is a corner lot with limited buildable rearyard area; (4) the interests of justice will be served by granting the variance as applied and noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3351 for approval of the location of an 8' by 10' accessory storage shed in the frontyard area approximately three feet from the west property line, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No conversion of the storage shed into living or sleeping quarters; 2. No closer than three feet from the west property line (as~requested). Vote of the Board: Ayes: Messrs. Gri§oni~,~Dou§l~ss~_~Doyen and Sawickio Member Goehringer abstained from vote. This resolution was adopted by majority vote of four of the five members. Sou'thold Town Board of Appeals -1.O- M'ay 23, 1985 Regular Meeting PENDING DECISION: Appeal No. 3344: Application of HERODOTUS DAMIANOS, Pindar Vineyards, Main Road, Peconic, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for approval of the establishment of a winery at Pindar Vineyard, premises known as 37645 Mai~ Road, Peconic, NY; County Tax Map District 1000, Section 85, Block 02, Lot 15. WHEREAS, a public hearing was held and concluded in the Matter of the Application of HERODOTUS DAMIANOS~ and WHEREAS, the board members have personally viewed and are familiar with the subject premises as we.~l as i_~ surrounding area; and WHEREAS, the board has considered all testimony and documentation entered into the record in this matter, as well as items (a) through (L) of Article XII, Section 100-121(C)[2] of the Zoning Code; and WHEREAS, the board made the following findings of facts: 1. The property in question is located in an "A-80" Residential and Agricultural Zoning District having frontage of 468.80 feet along the North Side of the Main Road (S.R. 25) and a total area of 36.944 acres as shown on si~e plan submitted and received by this board March 14, 1985, and identified on the Suffolk County Tax Maps as District 1000, Section 85, Block 02, Lot 15. 2. The subject 36.944 acres is improved with the following structures: (1) single-family, two-story frame house set back 37 feet from the front (south) property line and 68± feet from the side (west) property line; (2) accessory structure (wood frame barn) situate five feet from the west side property line and containing approximately 564 sq. ft. in area; (3) wood frame barn 125' in width and having approximately 6,556 sq. ft. in area which is the proposed winery structure and proposed 50' by 40' so-called "Morton 1984" structure; (4) 25' by 35' wood frame barn structure accessory to the existing residence for storage purposes; (5) 5' by 5' "pump house" structure. 3. This is an application for a Special Exception for a winery for the production and retail sale of wine produced from grapes primarily grown on the vineyard on which this winery is proposed to be located~ provided by Article III, Section 100-30(B)[14] of the Zoning Code on the existing vineyard and farm on this 36.944- acre parcel to be located within the existing "wood frame barn" structure having a total area of 6,556± sq, ft. as indicated on the photocopy of a survey submitted with the application and site plan received 3-14-85. 4. It is noted for the record that an application for the ~site plan approval has not as of this date been filed with the Sou~hold Town Board of Appeals -ll- May 23, 1985 Regular~Meeting (Appeal No. 3344 HERODOTUS DAMIANOS, Pindar Vineyards, continued:) Southold Town Planning Board, which is a requirement of Article III, Section 100-30(B)[14], Article XIII, prior to the operation of such winery or issuance of any other town permits for such winery. 5. It is also noted for the record that Building Permit #13754Z for a 45' by 72' accessory farm (barn) structure for agricultural-storage purposes was issued by ~the Building Inspector on March 15, 1985. 6. It is the opinion of this board that the effect of Article III, Section 100-30(B)[14] limits this Special Exception approval to the production and retail sales of wine "...produced from grapes primarily grown on the vineyard on which such winery is located..." and does not permit the sale of grapes imported and/or processed, or wine, from other than the vineyard in question. In considering this application, the board determines: (1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception for the production and retail sale of wine in the proposed winery structure located at the subject vineyard known as "Pindar Vineyard," BE AND HEREBY IS APPROVED as applied under File No. 3344 in the Matter of the Application of HERODOTUS DAMIANOS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No sleeping or living quarters in the winery structure or accessory buildings; 2. This special exception approval is limited the production and retail sale of wine produced from the grapes primarily grown on the vineyard on which such winery is located; 3. The effect of this special exception shall be in accord- ance with Article III, Section lO0-30(B)[14];and subject to site plan approved from the Southold Town Planning Board in accordance with Article XIII; 4. Any changes from the site and survey plans submitted So~thold Town Board of Appeals -12- May 23, 1985 Regular Meeting (Appeal No. 3344 - HERODOTUS DAMIANOS, P~ind~r-Vineyards, continued:) and approved hereunder, or change in the location of the winery structure for the production and retail sale of wine as approved in the 125-foot wide "wood-frame building having 6,556± sq. ft. in area," shall require additional Special Exception application and consideration by this board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. APPROVAL OF MINUTES: On motion by Mr. Sawicki, seconded by Mr. Gr~gonis~ it was~- RESOLVED to approve the Minute~ of the APRIL ll, 1'985 and MAY 2, 1985 Regular Meetings. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. WORK SESSION: The board members were ~ot in agreement with the proposed Master Plan changes as drafted and furnished on May 9, 1985, and requested that all mentions of "special excep- tions'' particularly not be acted upon at this tPime by the Town Board to allow the Planning and Zoning Departments to meet as mutually su§gested to discuss the Plan~i~g Board's proposal of shifting special exception authority. The present system has allowed a balancing concerning many areas which are before both boards (many example's were cited). The only area which would be considered to shift would be the "Resort Residential" zones (bed and breakfast, tourist camps, multiple dwellings, etc.) Member Doyen would also like to be given an opportunity to parti- cipate in the Master Plan meetings, but would need at least 48 hours' notice to arrange for transportation, etc. Chairman Goehringer also indica%ed several areas which should be con- sidered as "extensions of the present business zones" for office-type uses: west of Wells Pontiac along the Main Road, Peconic; west of S~igsbee Road in Mattituck, and east of Cox's Lane along the Main Road, Cutchogue (both north and south sides). Further input is to be made in the near future (ref. home occupations and other areas of the master plan). ~ Sou~hold Town Board of Appeals -13- May 23, 1985 Regular Meeting COMMUNICATIONS: Appeal No. 2669 - JAMES AND MARY McGUIRE. Correspondence was received May 17, 1985 from Victor Lessard in behalf of the Building Department (pek Richard F. Lark, Esq. as Special Counsel for the Building Department) indicating that Town Justice Tedeschi, in an ffort to resolve this situation, requested the Building Department to obtain an interpretation of what was meant when the ZBA used the word "goods" in Condition No. 2 of its decision rendered February 28, 1980. Since this is a matter pending in "People verses McGuire" in the Southold Town Justice Court, the Chairman indicated he would like to further research same and perhaps confer with legal counsel before responding at this time. PENDING MATTER: Appeal No. 3336 ANN SABA by Patricia Sujeski for consideration of the set-off of--proposed Parcel 1 as recommended by the Planning Board of 28,098 sq. ft. tn area and 160' frontage along Stillwater Avenue, Cutchogue, leaving Lot #2 of 27.397 sq. ft~ for an existing one-family residence. A reply was not as Of this date received from the Suffolk County Department of Health Services concerning their position on the rules and requirements of Article VI. This matter will be placed on the next available agenda upon receipt of the County Health Department's response (prior to June 20th). ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehrin.ger, seconded by Mr. Douglass, it was RESOLVED, to declare the following Environmental Declaratio. ns for each of the following matters having "nonsignificant" adverse effects on the environment for the reasons as noted therein, and in adccordance with the N.Y.S. Environmental Quality Review Act, Local Law 44-4 of the Town Code, and Article 8 of the Environmental Conservation Law: (Appeal No. 3347 ALICE SZ~LA) ~ So,%hold Town Board of Appeals -14- May 23,1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRON~IENTAL DECLAP~TION Notice of Determination of Non-Significance APPEAL NO.: 3347 PROJECT ND~%IE: ALICE SZALA This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the To%rn of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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: [ ] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of access over private right-of-way for passage by emergency, fire and other vehicles. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private ROW known as Williamsburg Drive, S0utho]d, NY, from S/s Main Bayview Road to 1000-78-5-17. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as p~anned; t (2) ~e proposed road improvements are inland of existing structures. S~uth01d Town Board of Appeals -15~y 23, 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3361 ~ PROJECT NAME: Jean Holland "' This notice is issued pursuant to Part 617 of the implementin9 regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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: ~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance-for two parcels of land with insufficient lot area and width LOCATION OF PROJECT: Town of Southotd, County of, Suffolk, more particularly known as: Lowland Road, Meadow BeaCh_Lane, and Sunset Road Nassau Point, NY SCTM~ 111-10-18 l& 2 REASON(S) SUPPORTING TIIIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; So~thold Town Board of Appeals -16~ May 23, 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3254 PROJECT NAME: EUGENE DAVIS0N This notice is issued pursuantto Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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 similhr project. TYPE OF ACTION: [×] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: ApDr0va] of ]0ts of insufficient area and lot width in this proposed_~ivision of land. LOCATION OF PROJECT: Town of Southotd, County of Suffolk, more ~articularly known as: South Side of Sound Avenue, Mattituck; 0unty Iax MaD No. ]000-]21-3-5. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effecns to the environment are likely to occur.should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area; (3) This is a lot=line variance not directly related to new construction by this particular application. Sou~hold Town Board of Appeals -17~ May 23, 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAP~TION Notice of Determination of Non-Significance APPEAL NO.: 3359 PROJECT NAM_E: THOMAS YASS0 (Williston Beverage) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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: [ ] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION: Variance pursuant to ZBA de¢i$i0n rendered 5/22/75 under Appeal No. 3]89 for addition which wi]] exceed ]0t cover- age for this "B-l" Business zoned parcel. LOCATION OF PROJECT: Town of Southoldi County of Suffolk, more particularly known as: South Side of Main Road, Mattituck; ]000-]22-3-5. REASON(S) SUPPORTING THIS DETEP~INATION: (1) ~ Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; rid(2)al The property in question is not located within 300 feet of wetlands or other critical environmental area. Southold Town Board of Appeals -18- May 232 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRON~iENTAL DECLAP~TION Notice of Determination of Non-Significance APPEAL NO.: 3357 PROJECT NAME: DR, JAY P. AND M. SLOTKIN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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: [ ] Type II [ ~ Unlisted [ ] DESCRIPTION OF ACTION: Permission to construct addition to existing pr0fessi0na] office. LOCATION OF PROJECT: To~rn of Southold; County of Suffolk, more particularly known as: 49725 Main Road (a/k/a 50 Acker]y Pond Road), Southold, NY; 1000-70-05-004. REASON'IS) SUPPORTING THIS DETERMINATION: (1) ~n~ Environmental Assessment in the short form has been submitted ~ehich indicates that no significant adverse effects to the environraent are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area ~Xcept it is landward of an existing 50' state highway and other existing structures). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all' the members. Southold Town Board of Appeals -19- May 23, 1985 Regular Meeting In reviewing each of the following pending applications, the Secretary was authorized and directed to send notice to each of the applicants for the documentation requested by the board before scheduling these~matter~for publi~ hearings (if not sent): (1) Appeal No. 3348 Charles P. Simmons (PB approval was received 5/8/85 Await DEC action); (2) Appeal No. 3352 and No. 3353 - Genevieve Richards (Await DEC & PB); (3) Appeal No. 3355 Paul and Marietta Canalizo - Await DEC, Town Trustees and wetland-setback distances on map together with lowest floor elevation of foundation since this is in a Flood Zone. (4) Appeal No. 3354 Uong Island~Shores (~wait DEC); (5) Appeal No. 3365 Howard Hoey (Await PB coord, reply); (6) Appeal No. 336~ Lois Lesnikowski (Await DEC & PB); (7) Appeal No. 3369 - Florence Rolle (Await Co. Health Article VI, Planning Board); (8) Appeal No. 3252 John Charles (Await Co. Health, Art. VI); (9) Appeal No. 3349 - Cliffside Associates (Tidemark) pending SEQRA, await DEIS); (10) Appeal No. 3298 - Port of Egypt Enterprises. There being no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 10:lO p.m. Respectfully submitted, Southold lown Board of ^ppeals RECEIVED AND FILED BY J n ~ SOUTI~[OLD TO'%VN CLX. [~erbatim transcript of hearings ta,b~ fi]ed~wl~'5'~he Town Ci~*under separate cover for reference,) Town Cler.k, Town ZONING BOARD OF APPEALS :~ThU~sdaY MaY 23,~985 'l RAN S C R-i~P?I~O N ~--O~F "_~_H.._E~A]~ I N G Si' PUBLIC HEARING: Appeal No. 3344, Upon application for HERODOTUS DAMIANOS: (Pindar vineyard), Main Road, Peeonic, NY for Special Exception to the Zoning Board Ordinancg, Article III · Section 100-30 (B)[14] for approval of establishment of a '- winery at Pindar Vineyard. County Tax Map Parcel No. 1000-85-02-15 The Chairman opened the hearing at 7:37 and read the legal notice in its entirety and appeal application. MR. CHARIMAN: I have a copy of the tax map indicating this and surround- ing properties in the area, copy of sketch of the survey, indicating a parcel, which I don't have the total acreage on. What is the total acreage DOctor? DR. DAMIANOS: In the Krupski map about 36 acres. CHAIRMAN: O.K. Thank you and I guess we're ready to begin. like to speak? DQctor, Would you like to speak? Who would DR. DAMIANOS: No sir. CHAIRMAN: NO. Is anybody going to speak for you? Anybody? DR. DAMIANOS: Would you like me to make a presentation? CHAIRMAN: Surely, we always like to hear you speak. DR. DAMAINOS: Well, Pindar Vineyards was established in 1979. We had our first major planting in 1980 and we progressed since then into 1985. We began making wine early in 1980 and commerically in 1983 when we released. Our first release went to white, in 84' we also renovated our old barn. We retained the old world look and continued to expand our winery operation. At the present time we have the capacity of approximately 40,000 gallons and if I can get the place looking decent we hope to open up by Saturday for Labor Day weekend, eh Memorial Day weekend. We felt that we're under a winery farm winery. The Town of Southold has formulated a plan and we re here to ask for a speci, al variance inorder to allow us to continue our operation. CHAIRMAN: Doctor, we had asked you for a floor plan. I guess through some renovations or your in the middle of renovations as you say at this particular time. DR. DAMIANOS: I think I have a more updated map. CHAIRMAN: Yes that's what we were hoping for. building missing here. But there's a DR. DAMIANOS: We've maintained the a.c~ua~ .conZ_our .and in t~he :barn we've uncovered by the way, areas of that barn that date b~ck to 1984. We're very excited about that and we've restored'all those old beams. In one part of the barn we found J.J. Krupski painted~nderneath all kinds so we left that piece there. What we've done is shored up the walls and done a restoration of the barn. We really didn't want to do anything with ZB'A 5723/85 Page 2 DAMI.ANOS HEARING - Continued DOCTOR DAMIANOS: (Continued) it. It's old wor~,'d. It's part of our beautiful North Fork and we've been looking at those beams and and painting them and shoring them up etc. That's primarily what we've been doing. Shuffling_ some of our stainless steel tanks here and there to make it a more efficient and state of the_ art winery. This is the existing structure of the old Krupski barn dated back to 1840 and 1907. We feel we've discovered that this part of the barn here was probably built in 1907, with J.J. Krupski on it. THis part part of the barn we've been able to have some historians out to identify some of our beams etc. and they estimate that some of the wood and type of construction etc. may date back to about 1840; so we're happy about that~ We added in the back here; and:we had a town permit to do that last year, a Morton building to use as a storage facility and this is a list of plans. This is the barn here and this is the house in front here and essentially that what we're doing. CHAIRMAN: Are you going to be able to leave this plan with us? DR. DAMIANOS: If you would like. I think you have one on file. CHAIRMAN: No, the one we have is the one you just finished with. It's not outlined. DR. DAMIANOS: I think what we did was came down to the town building department and showed what we were doing and left some of these plans before we got our renovation permit. CHAIRMAN: Now let me ask you a question. exception for the entire barn? You are asking for a special DR. DAMIANOS: Yes CHAIRMAN: O.K. So where are you actually changing the course of the grape? In other words the grape is brought in and and it's being crushed; at what point where is that actually being done? DR~ DAMIANOS: The grape is brought in here and here. It's being crushed outside and pumped i'nto our cooperage area here in which we have stainless steel tanks. Our initial wine is stored in here which is also cooperage area number 3 in which we have stainless steel tanks as well. So we pump our juice in here or in here following fermentation process etc. we also have tanks lined up in here, and also here. We do basically remove juice or wine from tank to tank for fermentation. We use that for storage. Some of the wines have to sit and age for several months in the tank. The white wines for instance a majority of them we will not put in wood; certain ~hite wines will be in wood and they will be stored in French Oak which inparts a better taste to the wine, but this entire area in here would be considered mostly our working area for the production of wine. In here is our conference room in here is our large old world barn tasting room. In here we have our New York State tax paid room. We have to have a tax paid back for EPA, SE& ? At any rate we have our tax paid area in which we have to have_according to thier rules and regulations certain restrictions certain codes certain gates we can only have a Schleady lock we cannot ha~e any other l:ock. You must have a Schleady lock. So we have a Schleady lock. So we would be then doing our tasting in this area our sales would come out of our tax ~aid room before I can take a drop out of here and put it for sales I must pass it through my tax paid room and then out. Whether it goes to a restaurant ZBA 5/23/85 Page 3 DAMIANOS HEARING - Continued DOCTOR DAMIANOS: (continued) or whether it goes to a liquor store etc. I must pay the tax on it first. The government wants thier money first and then afterward we ca~ ~l ~t. $6 we use this area as a tasting room for the past two years~ CHAIRMAN: I very rarely approach a situation like this, but are you familiar w~th why we have asked you to come before us? You are familiar with the fact that in 1983 we place this Article 14 on the residential agricultural district and I hope that the people in the room as well as the community ts aware of the fact that the Special Exception is a special permit ~nd was giy~n to this board as being a legislative authority and in no way are we trying to curtail an operation like this. O.K.? We are very simply just wanting to understand and that's the purpose of my question. DOCTOR DAMIANOS: This I think is the thrust of this particular article and I understood it well and found no offense to that and if I might digress for one and a half minutes and if you can handle it I would like to really make a statement here~ We at Pindar Vineyard haYe found that the Town Board from the clerk-typist up to the Supervisor of the t~wn has always been not only helpful but cooperative in anything that we have requested in anything we've ever tried to do, It's been a real pleasure coming down here~ They've told us what we've needed. They helped us. They have been patient with us; and they have given us advice every step of the way; and I am delighted to be here. I understand what the Board is trying to do and I absolutely agree with the thrust of what you are doing. CHAIRMAN: This came out of the zoning committee. It did not come from this particular board. I just wanted you to be aware. Which is a composite of several counsel persons, myself, ~hainman of the plan~ing board, Mr, Lessard, so on and so forth. We are the ones that were given the legislative authority to deal with particular article. I just wanted you ~o be aware of that. DR. DAMI~NOS: Thank you very much. CHAIRMAN: Your welcome. Thank you for your answer. Is there anyone else who would like to speak on the behalf of this application? (No response) Anyone like to speak against this application? (No response) OK~ Any questions from Board Members? BOARD MEMBERS: None CHAIRMAN: Hearing no further questions, I make the motion closing the hearing reserving decision until a later date~ PUBLIC HEARING: Appeal No, 3346 Upon application for REYNOLD BLUM Peconic Vineyards, 31320 Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B) [14] for apprbval of the establishment of a winery at Peconic Vineyard premises County Tax Map Parcel 1000-103-01-19~11 The chairman opened the hearing at 7:50 and read the legal notice in its entirety and the appeal application. CHAIRMAN: I have a map dated May 22, 1980 by Roderick Van--Tuyl P~C. indicating the 24.249 acre parcel of which this building is constructed on, however, I do have a sketch which was prodaced by Mr. Van Tuyl,also. z 5/23/85 Page 4 BLUM HEARING -Continued cHAIRMAN: (continued) which is dated May 24, 1984, indicating the parcel which is referred to as lot #1, I don't have the total acreage figure on it, but it appears to be 2°9 acres, but I do not know if that is correct. Which indicates a barn on the premises, which we have looked at. We have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. I have a copy of a ground floor plan indicating a building of approximately 46 X 76 with a variable of 24 feet. We are now ready to begin. Is Mr~ Blum in the audience? Would you like tO be heard sir? MR. BLUM: Coincidently I am following Mr. Damianos. It so happens that's the way the agenda worked out. I want to thank Dan for making a nice presentation on the wine business. I am asking for a Special Exception to comply with the Town of Southold zoning and use requirement. I would like to establish as I said in my petition~ a winery with retail sales to accompany the vineyards that I already have. I feel that permitted use under the town code with your approval. CHAIRMAN: The plan that you have indicated as the floor plan is specifically the building that you would be dealing with at this part- icular time? MR. BLUM; It's in an extension in several directions of the building that I have now. CHAIRMAN: There aren't any changes in what you have now~ building as it is shown. R~ight? This is the MR. BLUM: No that is not the way the building is now~ CHAIRMAN: No, I know it's not. on that building? You are anticipating putting an addition MR. BLUM: Correct. CHAIRMAN: OK, and that's this one piece here that sticks out. MR. BLUM: No, there's a double addition on that. over here and an additional section over here. That's this section CHAIRMAN: If we were to take this section right here this is the existing building? MR. BLUM: This is the existing correct. I have an artist rendering drawing~ If you would like to see that. (Rendition was placed on wall for viewing.) MEMBER DOYEN: I was just showing you there it is definitely 29 acres. CHAIRMAN: Thlank you. Presently the building is a gambrial building. MR. BLUM: Yes presently it's this building right her~, so we are talking about an addition out this way here. Then a little bit extra face here ZBA 5/23./85 Page 5 BLUM HEARING - Continued "MR~ BLUM: (Continued) for dress up~ What I have now is fine for an agricultural building but a little stark so I had this done even though the artist went a little crazy, and put a museum and shop, winery and everything~ I don..it know how you can fit all of that in one building this.~.size; but we tried to stick with something that was Condusive to this area, I've looked at different properties around I'm not trying to promote a California look or something like '~hat. tt is on the Main Road and this is a tourism area and I think the New Style even with thecoopler on top was more in the way I wanted to do business~ CHAIRMAN: It indicates here that we are very simply talking about the sale Of wine. Is that correc't? MR. BLUM: Yes that is correct. CHAIRMAN: Thank you very much. Is there anyone else that would like to speak on the behalf of this application? Anyone like to speak against the application? Questions from board members? If there are no further questions I'll then offer a resolution to close this hearing and render a decision in the near future. PUBLIC HEARING: Appeal No. 3341 Upon Application for HELEN M. CONWAY: by R. Bruer, Esq, Main Road, Southold, NY for a variance to the Zoning Ordinace Article III, Section 100-31 and Bulk Schedule, for approval of insufficient lot area, width and depth of proposed parcel to be set- off and located at the South ~ide of Chestnut Road, Southold, NY Suffolk COunty Tax Map Parcel No. 1000-59-03-3 The chairman opened the hearing at 8:00 and read the legal notice its entirety and appeal application. CHAIRMAN: I have a map by Van Tuyq dated November 28, 1984 indicating lot number 1 of 6 acres or 261,000 square feet and lot no. 2 which is the nature of the set=off of 30,458 square feet. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. We received a call from Mr. Bruer indicating that he could not attend this hearing tonight; we informed him that we were talking about Health Department approvals .u~der certian new articles ~hat have been recently been est2bllishe~ within the Health Department an~ he has indicated to us ~or asked us. to please give him a date recessed sometime in the near future which we will advertise ~his application he will come back and deliver the things we have asked for. I'll offer a resolution to recess this hearing unless there is someone in the audience that would like to speak and does not want to come back when this particular application is reheard. I'll off a motion to recess this hearing until sometime in the near future. ZBA 5/23/85 Page 6 PUBLIC HEARINGS -Continued PUBLIC HEARING: Appeal No. 3361 Upon application,fur-OE~N C.~HOL[,A~D. by M.J. Hall Esq. Youngs Avenue, Southold, NY for variance to the Zoning Ordiance Article III, Section 100-31, and Bulk Schedule, for approval of insuffient lot area and width of ~two proposed parcels located at Lowland Road, Meadow Beach Lane and Sunset Road, Nassau Point, NY Suffolk County Tax Map Parcel No. 1000-70-6-19 The chairman opened the meeting at 8:10 and read the legal notice in its entirety and appeal application. CHAIRMAN: I have a sketch of the property by Mr. Van Tuyt referred to as proposal number 1 which Ibeliev~ is the only proposal we are dealing with. Is that correct? MR. HALL: That is correct. CHAIRMAN: OK. Indicated an existing house on a variable change of lot number 327 of approximately 53,000 square feet and a change in lot line of 328 indicating approximately 40,000 square feet and I have a copy of the Suffolk county tax map indicating this and surroundi, ng properties in the area. Mr. Hall would 9ou like to be heard? MR. HALL: Yes I would. As you all know a similar application was before the zoning board back in October of 1982. At that time the board denied the variance sought on four grounds; two of which are 1. That the lot propsed was not in the character of the neighborhood because of its configurations. 2. Is that the setback Of the existing dWelling would be insQffiaient and~,would not met the requirements of a 50 foot rear setback. The proposal before the board tonight-that proposal that was rejected had an odd dividing line which I had drawn and the dividing line between the existing parcel and the parcel to be set off was odd and caused a poor configuration and a poor setback. The proposal tonight is a much more normal configuration-it's a rectangular parce~ 'here would be no rear yard setback problem-as it's proposed there might or-would be a side yard setback variance required. The parcel is about I acre, the proposed parcel, 420 feet long and anywhere from 75 to 120 feet wide. In order to make the application more in keeping with the character of the neighbor- hood, I know is a concern of the Board and also a concern of Nassau Point the applicant has covenanted and the board has in its file from the existing application a covenant that the two lower lots that are numbers 37 and 36 on the initial map never be resubdivided or buiilt upon with the exception perhaps of dockage meeting the require- ments of any municipal law at the time, also that any construction on the proposed lot would take place I'm calling it up land, east of the present house. In other words it would be further away f~om the water and further back from set back from the existing house, so that a proposed a house on the new parcel would have plenty of side yard, frontyard and ZBA~ 5/23/85 Page 7 JEAN C. HOLLAND HEARING Cont. MR. HALL: anybody. (Cont.) rear yard setbacks. It would not be too close CHAIRMAN: Can I just ask you a question? MR. HALL: Yes CHAIRMAN: This piece that we have now this change in configuration or change in lot number 328. This 40,000 square feet does that include lot number 37? MR. HALL: NO it doesn't and I would like the record to reflect this. As it's drawn before the'.board tonight it's closer to about 36,000 square feet of course the board would condition that Van Tuyl would submit a map guaranteeing that the parcel would be 40,000 square feet. I just didn't draw it right. The approximate total square footage of all of Mrs. Holland's property which is the part of the proposal tonight is 115,000 square feet. It's one of the largest parcels on Nassau Point. I've got five copies of section 111 Suffolk Co~unty tax map for the. b~ard-- I know you have it in your records. Mrs. Hollands parcel even without the two lower parcels is one of the largest in Nassau Point-with the two lower parcels it's nearly three acres and it is one of the largest in the whole area. The subdivision proposed would create one lot of about 40,000 sqare feet and Mrs. Holland 's remaining lot would be about 75,000 square feet. Both the larger and the smaller parcels would be larger than almost any other parcel in Nassau Point and the immediate vicinity, as you can see looking at the tax map. As I mentioned a minute ago the covenant that the lower parcels would not be built upon was done at the request of the Department of Environmental Conservation. I have a permit in my file and I believe that the Board has a permit allowing, or notice of no-determination because any building built on the proposed parcel would be high enough and far enough back from any wetlands to avoid DEC problems. The 40,000 square foot would also meet the Suffolk County Health department water and septic systems standards. Although the lot, the reason we are here tonight is for a variance on square footage but in all other respects the lot would a perfectly valid building parcel. I would like to further ask the Board to consider an agreement they have in their file for my first proposal by the Nassau Point Causeway Association; in which they specifically refer to the re-subdivision of parcels of 327 and 328 and specifically allowed the construction of additional one family dwelling on this lot. Going back to the initial denial back in October one of the reasons for that was that the manner in which the difficulty arose in other words the Board had cited that since 1967 Mrs. Hollahd had put some addit~ions on t~is. Had. Mrs' Hotlland's predecessor, the person she bought it from had a little bit of foresight to move this thing over about 20 feet to the north and off that lot line we might not e~.en be. h-ere toni~ght,~ A,s it was as you ~can ~see Prom the map the house was built right on ~.he.._dividing line or about 1/3 Qn the dividing line, but Mrs. Holland even with the additions built didn't create the hardships here. It was there when she bought the parcel. The difficulties ~ B.~ 5/23/85 Pa ge 8 JEAN C. HOLLAND HEARING - Continued MR. HALL: (continued) are caused by th If the proposal is allowed, there wou acres~. Had that house not been placed would still be conceivably be t~o hous the ultimate request is_~ot a burden o if the variance is granted, it's the le pract'ical use of the lot in question. CHAIRMAN: What was the, maybe I misse chose not because of the Nassau Point house as it was way back in 1967. d be two parcels on about three 20.:~ feet too far south there s on three acres; in other words the area. I hope the Board agrees st variance that could enable the That's all I have to say. it but, what was the reason why you Property Owners Association were discussing in reference to the subdivi ion of lots 37 and 36. MR~ HALL: Yes~ 'In a letter to the Boa d in October of 84' they didn't like, they were concerned that those two low r parcels or the inclusion of them in the subdivision would hamper their se of Lowland Road and the other lots. They're not included in this su)division Mrs. Holland would keep them with her,her remaining lots, bigger one; and there is a covenant on record that they would not be furth r built upon or subdivided. CHAIRMAN: Is ther-e a possibility of a king you to go to Mr. Van T,uy] and take what you presently have here nd draw the line where you presently have it on a particular survey rather than just the line that you h~-ve drawn here, indicating the square footage of the configuration of the dealing with lot 328 and the square footage lot number 327 and the square footage of lot number 36 and lot number 37 with the square footage on both of those~ HALL: Sure CHAIRMAN: And come back to us with t by the thirteenth of June or shall we MR. HALL: No I think I could bec'ause already so it's just a matter of him square footage and certifying. That w CHAIRMAN: Is there anyone else on the behalf of?this application? An application? (no response) QueStion MEMBER SAWICKI: Can we close the hearing? M CHAIRMAN: We could close the hearing that we want to deal'.~w~i!th then I can hat.,Do you think you can do that recess this until a --- Van Tuyl has the maps On record dding a line and putting on the ould be fine. audience that would like to speak ybody like to speak against the s from Board members? r Chairman. , but if there is a change in something n ,t ask Mr. Hall any question an!d that's what I want to do on the thirteenth of June. MR. HALL: So you would like this to c,me back on the thirteenth of June with a new map. CHAIRMAN: Right, indicating the squar footage on all of those parcels~ ZBA 5/23/85 Page 9-a JEAN C. HOLLAND Continued MR. HALL: I understand. Does the Board have any other concerns that. I ~hould be prepared to address at that time? CHARIMAN: Yes, I think that if the Board had an i~terest in dealing with this application I think that they would want to see lot number'2 which would include the lot number 37 involved with this particular application. OK and with the covenant of course that neither 36 or 37 would ever be built on; in other words included in the square footage. MR. HALL: I understand that. OK I did include it tonight in that they comprise the total 115,000 square feet. CHAIRMAN: I understand that, but I'm saying we would consider, we're not considering anything at this point we would like to look the total square footage which is, referred to as lot number 328 so that we know what we're talking about in total acreage here, because that's the way the proposal was dealt with in October and that's the reason why we turned it down without prejudice in October. MR. HALL: OK MR. HALL: Fi ne CHAIRMAN: Hearing no further comments I'll make a motion recessing this hearing until the 13th. PUBLIC HEARING: Appeal No. 3342, ~pon application for PHILIP REINHARDT by R. Bruer, Esq. for variance approval of insufficient area, depth and width of two parcels at the N/s of Pine Neck Road, Southold, NY County Tax Map 1000-70-6-i9 The chairman opened the meeting at 8:17 and read the legal notice in it s entirety and appeal application. MRo CHAIRMAN: I have a copy of a map by Robert Van Tyle P.C. dated the most current date is April 22, 1985 indicating lot number 1 which is a house lot which is 40,500-square feet lot number 2 which is the lot in question to set off at 30,758 square foot , a copy of the Suffolk County tax map indicating this and surrounding properti6s in the area. I again have the same request from Mr~ Bruer he would however, like t'he Board to be aware of the letter that he received from the Suffolk County Health Department concerning comments they have so earnestly placed before us and I would like you to read that since we have jus% received it Tuesday, it is very interesting. Is there anyone in the audience that would like to comment on this hearing? If not, I would like to recess without a date. The hearing 'in the Matter of APpeal No. 3342, PHILIP REINHARDT was recessed without date pending a determination -rom-t-e uf'o County Health Department on Article VI approval. This resolution was unanimously adopted. 5/23/85 Page 9' b ANDREW AND IDA PITRE PUBLIC HEARING: Appeal No. 3351: ANDREW AND IDA PITRE~ by A. Wickham, Esq. Main Road, Mattituck County Tax Map Parcel No. 1000 70-6-19 MR. CHAIRMAN' I have a map f'rom Robert Kart dated July ~2, 1978 with a penned in shed, '-hat~s written in pen, approximately three feet- from the right-of-Way leading ~o Mattituck Creek, ~pproximately 8~ X 10' I believe it has a cement slab under it. Does it? MR~ PITRE: Ye~ it does. MR.-CHAIRMAN': I have a copy of Suffolk County Tax map indicating this and surrounding properties in the area. Mr: Pitre would you like to be heard? MR. PITRE: Yes, I'm at a loss beca~se I'm supposed to be represented by an attorney. The shed in question is particularly located where it is for aesthetic purposes because it ~ under and completely hiddened under a spruce tree that has a thirty foot diameter spread, moreover, it houses my tractor, lawnmower and chainsaw all of which operates on combustible material and also as much as they try to stop it; it has a noxious fume the smell of gasoline, ~ather than try ~6 sque6ze it i'n%o the garage~p~rt of'which'I use as'a workshop. I'm retired and do a lot of fixing and messing around. It looks very good and it's at the end of a dead end and the nearest road to me is 160 'Feet away, other than the right-of-way which nobody uses. I'm down way at the end of Jockey Creek and I appreciate ~our indulgence in approving this application. , CHAIRMAN: Do you presently have any electri]ity in the shed? In the building? MR. PITRE: No, no plan~ to. CHAIRMAN: It's not been used or ever will be used as a sleeping quarters, bunk house or anything of that nat re? MR. PITRE: No. CHAIRMAN: OK, and you have no objection to restriction that it may not be used as such. MR. PITRE: No. CHAIRMAN: I don'~t know whether or not the so I am going to close th6 hearing. We wil you tonight after we deal with the remainin aware of.your ti.meliness, we have spoke abo a decision for you tonight. I have not spo we'll try to make i~]tonight. Is there anyo e here that would like to speak against Mr. Pitre's building? Hearing no further questions, I will ~ake a motion closing the hearing reserving the decision until later. oard is ready to make a decision I try to make a decision for g load that we have. .I am ut this and we'll try to make k n to the B6ard about it so ZBA 5/23/85 Page 1 0 The public hearing in ths matter of Andrew and Ida Pitre, ApPeal No. 3351, was declared concluded, pending deliberations. Respectfully submitted, Pp. 1 - 10 Barbara A. Rudder (This transcript was prepared from tapes recorded in my absence.) RECEIVED AND FILED BY THE SOUTHOLD TOWN cLERK DaTE ~/~,/~ ~ Ho%m J,'~-q£ ~ .~, , .9 _ -w-----. ; I Town Clerk, Town of .