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HomeMy WebLinkAboutZBA-06/19/1997APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING THURSDAY, JUNE 19, 1997 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 19, 1997 commencing at 6:45 p.m. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Jr. James Dinizio, Jr., Member Lydia A. Tortora, Member Maureen C. Ostermann, Member Linda Kowalski, ZBA Secretary 6:45 p.m. Chairman Goehringer called meeting to order. AGENDA ITEM I. PUBLIC HEARINGS: After introduction and reading of the applications for each public hearing, testimony was received on the following. See written verbatim transcripts prepared separately for reference as needed and permanent recordkeepi~lg. 6:45 p.m. (Carryover) Appl. No. 4475. JD MARY FISCHETTI. Request for a Variance under Article XXIV, Section 100-244B, based upon the February 21, 1997 Action of Disapproval issued by the Building Inspector for permission to locate an addition to existing dwelling which will have a reduced side yard setback at less than the required 10 feet, and less than the required total of both side yards of 25 feet. Loca- tion of Property: 3760 Minnehaha Boulevard, Southold; County Parcel ID #1000-87-3-4. This parcel contains a total area of 9,874 sf. R-40. Joseph Fischetti appeared with his sister, Mary Fischetti. Speaking against the application were Edward and Ann Licenski. (Please see hearing information for statements made.) At the end of the hearing, the following resolution was adopted: On motion by Chairman Goehringer, seconded by Ostermann, it was RESOLVED, to close (concinde) the hearing. the Board: Ayes: All 5-0. Member Vote of Page 2 - Minutes .... Southold Town Board of Appeals Reguiar Meeting of June 19, 1997 PUBLIC HEARING: 7:03 p.m. Appl. No. 4483.JD - ANDREAS VASSILIOU. Request for a Variance under Article III-A, Section 100-30A.4 based upon the March 21, 1997 Action of Disapproval issued by the Building Inspector for permission to locate an accessory gazebo in a front yard area at premises known as 580 Inlet Drive, Mattituck, NY; Parcel ID ~1000-106-2-1. Zone: R-40 Residential. (Please see hearing information for statements made.) At the end of the hearing, the following resolution was adopted: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to close (conclude) the hearing. Vote of the Board: Ayes: All 5-0. PUBLIC HEARING: 7:08 p.m. Appl. No. 4482.GG - CHURCH OF GOD IN CHRIST. Request for a Variance under Article XX, Section 100-205 based upon the April 30, 1997 Action of Disapproval issued by the Building Inspector for permission to locate a new ground sign in excess of the size requirements of the code. Location of Property: 15625 C.R. 48, Cutchogue. Parcel =1000-101-1-10. Zone District: Agricultural- Conservation. (Please see hearing information for statements made. ) At the end of the hearing, the following resolution was adopted: On motion by Chairman Goehringer, seconded by Ostermann, it was RESOLVED, to clo~e (conclude) the hearing. Vote of the Board: Ayes: All 5-0. Member PUBLIC HEARINGS, continued: 7:22 p.m. Appl. No. 4488.LT LAWRENCE AND JOSEPHINE PEARLSTEIN. Request for a Variance under Article XXIV, Section 100-244B for permission to construct addition, a portion of which will not meet the minimum required fron1 setback at premises known as 2225 North Sea Drive, Southold; County Parcel ~1000-54-4~23. Zone: R-40 Residential. (Please see hearing information for statements made.) At the end of the hearing, the following resolution was adopted: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to close (conclude) the hearing. Vote of the Board: Ayes: All 5-0. PUBLIC HEARINGS continued: 7:24 p.m. Appl. No. 4484.LT - PAULETTE SATUR MUELLER and EBERHARD MUELLER. This application is based upon the April 28, 1997 Action of Disapproval by the Building Inspector. Variances are Page 3 Minutes -- Southold Town Board of Appeals Regular Meeting of June 19, 1997 requested under Article III, Section 100-33 for approval of the location of a new dwelling to the rear of existing accessory buildings, leaving a front yard location for the accessory buildings. Location of Property: 3705 Alvah's Lane, Cutchogue; 1000-101-2-24.5. A-C Zone. (Please see hearing information for statements made.) At the end of the hearing, the following pesolution was adopted: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to close (conclude) the hearing. Vote of the Board: Ayes: All 5-0. PUBLIC HEARINGS, continued: 7:28 p.m. Due to the extrs time between hearings, the Chairman proceeded to the Deliberations-Decision items on the Agenda, in the MATTER OF THE APPLICATION OF B. ASNESS. (See attached decision, the original of which has been filed in the Town Clerk's Office pursuant to action of this Board at this time.) 7:35 p.m. PUBLIC HEARING, Postponement Requested by letter from Mr. Warren Sambach for this next application: =4480.LT - NICKHART REALTY. This application is based upon the September 18, 1996, updated April 28, 1997 Action of Disapproval by the Building Inspector which states: "... 1) Insufficient lot area and depth in an R-40 Zone. A lot is required to have an area of 40,000 sq. ft... and depth of 175 feet Article III-A, Section 100-30A.3, 2) Insufficient front yard setback for a non-conforming lot - Article X~-iV, Section 100-244B .... " 53400 C.R. 48, Southold, NY. Parcel 1000-52-2-13. R-40 Zone. Lot width at 150 ft. for each. Mrs. Gloria Praetz appeared and asked several questions. Following discussion with Mrs. Praetz, motion was made by Chairman Goehringer, seconded by Member Doyen, and duly carried, to RECESS the public heaping for a continuation, to be held on July 10, 1997. Vote of the Board: Ayes: All 5-0. 7:37 p.m. DELIBERATIONS~DECISION: Due to the extra time between hearings, the Chairman proceeded to the Deliberations-Decision items on the Agenda, in the MATTER OF THE APPLICATIONS OF: Mary Fischetti A. Vassilious B. Pearlstein E. Mueller Church of God B. Asness (The above decisions are attached copied from originals which were filed in the Town Clerk's Office pursuant to official Actions of this Board at this time. ) Page 4 - Minutes '~ Southold Town Board of Appeals Regular Meeting of June 19, 1997. PUBLIC HEARINGS, continued: 7:58 p.m. Appl. No. 4487.JD - DONALD AND PATRICIA FEILER (Owner: Homan Realty). This is a request for a Special Exception under Article VII for conversion of building from single-family to "business and professional offices" as provided by Section 100-7lB, subsection 2. RO Zone. 11725 Main Road, Mattituck; Parcel 1000-~41-4-40. (Please see hearing information for statements made.) At the end of the hearing, the following resolution was adopted: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to close (conclude) the hearing. Vote of the Board: Ayes: All 5-0. PUBLIC HEARING: 8:02 p.m. Appl. No. 4469.GG RAYMOND FEDYNAK. (Carryover). Requests for: (1) approval of Waiver under Section 100-26 for a single nonconforming lot identified as 1000-123-5-15, which is vacant, or (2) alternative relief under Article III-A, Section 100-30A.3 by variance for approval of lot sizes, as originally created, which now have insufficient lot area, depth and width in this R-40 Zone. Fay Court, Mattituck. (Please see hearing information for statements made.) At the end of the hearing, the following resolution was adopted: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to RECESS this hearing for a continuation to be held on July 24, 1997. Vote of the Board: Ayes: All 5-0. This resolution was unanimously adopted. PUBLIC HEARING: 8:20 p.m. Appl. No. 4489 DOUGLAS lq. McGAHAN (Owner: Evelyn Fleet). Applicant is requesting a Waiver under Article II, Section 100-26, for nonconforming lot identified as 1000-103-07-11, which adjoins nonconforming lot 1000-103-07-12, under Article II, Section 100-26. The lots in question were created by a deed dated 2/1/1923, and dated 10/26/1964; under Section 100-25 the lots in question are nonconforming and have merged because they have been held in common ownership at some time after July 1, 1983." Location of Property: Stillwater Avenue, Cutchogue, NY; also shown as Lots 7 and 8 on the Map of Green Acres filed in the Suffolk County Clerk's Office November 3, 1971. (Please see hearing information for statements made.) At the end of the hearing, the following resolution was adopted: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to CLOSE (CONCLUDED) the hearing. Vote of the Board: Ayes: All 5-0. This resolution was unanimously adopted. PUBLIC HEARINGS continued: 8:23 p.m. Appl. No. 4491.JD LOUIS MOORE BACON. This is an application requesting approval for modification, in part, of Variance Project ~4354 approved by the Board of Appeals on March 6, 1996. Page 5 - Minutes ~-Y Southold Town Board of Appeals Regular Meeting of June 19, 1997 Location of Property: Robins Island; Suffolk County District 1000, Section 134, Block 3, Lot 5, of 434+- acres. The specific areas requested for consideration are: (1) AREA C FARM CENTER: Modification as follows: (A) C.4 Agricultural/Maintenance Compound: Reduce size., scope and reassignment of sleeping quarters, and location slightly to the east. (B) C.5 Gamekeepers Barn: Add use for periodic sleeping quarters of two staff employees (reassignment). (2) B.5 DUCK INN-COTTAGE: restore building and add use of periodic sleeping quarters for one employee. (3) B.] LANE LODGE-HOUSE. Minor clarification for record purposes to show height exists as three stories, not 2-1/2 stories as originally requested. (Please see hearing information for statements made.) At the end of the hearing, the following resolution was adopted: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to CLOSE (CONCLUDE) the hearing. Vote of the Board: Ayes: All 5-0. This resolution was unanimously adopted. End of hearings. DELIBERATIONS/DECISION: Matter of D. McGahan. (See attached copy of decision, the original of which has been filed with the Town Clerk's Office pursuant to official action of this Board at this time.) AGENDA ITEM II. SEQRA: A. RESOLUTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to confirm the following as listed on the agenda as Type II: accessory uses, setbacks, lot-coverage, waivers for lots based on original deed creating lines as exist: Vassiliou, Church of God, Pearlstein, Mueller, Nickhart Realty, Fedynak, McGahan/Fleet, Louis Moore Bacon (RI), Klein, Lettieri, Piriano. VOTE OF THE BOARD: AYES: ALL. (5-0). unanimously adopted. This resolution was B. Agenda stated the following REVIEWS were pending regarding other possible SEQRA Designations, Unlisted or Type I only: 1. Appl. #4446.GG: Bell-Atlantic/NYNEX located at Orient. Page 6 - Minutes Southold Town Board of Appeals Regular Meeting of June 19, 1997 2. Appl. V#4485.MO and #SE4486.GG: Bell'Atlantic/NYNEX located at Mattituck. Lead Agency/updates. * * * II[. RESOLUTIONS/OTHER/WI~ITTEN CORRESPONDENCE: A. Thank you letter to office personnel from Warren Brady was acknowledged. B. Thank you letter to member(s) and board secretary from Mr. Khrimian was acknowledged.. C, D, E, F Agenda Items: RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to Approve the Minutes of the following meetings: May 1, 1997 June 5, 1997 March 19, 1997. April 17, 1997. VOTE OF THE BOARD: AYES: All (5-0). This resolution was duly adopted. * * * RESOLUTION: G & J Agenda Items: On motion by Chairman Goehringer, seconded by Member Ostermann, it was RESOLVED to authorize advertisement of the following matters for public hearings to be held August 14, 1997, and continue reviews, pending inspection, updates by Members for the following: 1. Appl. ~4356.GG - MARTIN KOSMYNKA. Garage location where staked. (Carryover reminder. ) 2. ~4068.JD: ELEANOR SIEVERNICH. Area variance for proposed division off E/s Cox Neck Road, Mattituck. 3. =4485V.MO & JD: BELL-ATLANTIC/NYNEX at Mattituck. VOTE OF THE BOARD: AYES: All (5-0). This resolution was duly adopted. Page 7 - Minutes ~ Southold Town Board of Appeals Regular Meeting of June 19, 1997 Agenda Item H. RESOLUT ION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to hereby confirm inspections and authorize advertisement of the following applications filed between 6/6 and 6/16 for public hearings to be held July 10, 1997 between 6:45 and 10 p.m. 1. #4492.LT - WALTER KLEIN. Front yard location and lot coverage: as built garage. Front setback: as built deck. Corner of private ROW and Manhanset Ave, Greenp~rt. 2. #4493.MO: ANDREW AND BERNICE LETTIERI by L. Liso. Rear yard setback for new dwelling. 4. #4494.GG: ANTONIO PIRIANO. Part of house: front and rear setback reductions. 3637 ROW/W/s Cox Neck Rd, Matt. 5. #FLV-I6.JD - A. KHRIMIAN - flood law variance. Existing dwelling footprint; building permit. C.R. 48, Greenport. 6. ~4495.LT - A. KHRIMIAN - zoning variance. Existing dwelling footprint; building permit. C.R. 48, Greenport. 7. ~4480.LT: NICKHART REALTY. S/s C.R. 48, Southold. Lot size variances in a pending two-lot division. VOTE OF THE BOARD: AYES: ALL (5-0). This resolution was unanimously adopted. 1-Agenda Item. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Diflizio, it was RESOLVED, to authorize advertisement of the following ma~er for public hearing, in addition To any authorized carryovers, to be held July 24, 1997: Appl. ~4496.SD - JEAN N. CALHOUN. Pool at F.I. VOTE OF THE BOARD: AYES: ALL (5-0). This resolution unanimously adopted. * * was Agenda Item K was a COMMITTEE reminder dates taken from town meetings/daily calendar. IV. POSSIBLE DELIBERATIONS/DECISIONS: The Chairman skipped to Item ~2 as a carryover item for possible discussion regarding Bell/NYNEX, Orient application. See next page for resolution adopted, the original of which has been filed with the Town Clerk's Office. Also see flec~sion adopted re: Homan Realty (Feiler) and B. Asness. P~§e 8 Minutes APPEALS BOARD ME.ME ERS Gerard P. Goehringer, Chakman Serge Doyen James Din~zio, Jr. Lydia A. Tortora Maureen C. Ostermann -June 19, 19 ~ gular _~9~~g Mee~'~g of the ZBA :?,~,..'-~ ~,~.><. Sou~old Town Hall -? ~'~~ 5 53095 M~n Road ~ ~~ ~ ~ EO. Box 1179 ~ ~~ ~ ~0' Soumold. New %rk 11971 ~~%~57 Fax (516, 765-1823 ~ ~ ~;/ %lephone (516~ 765-18~ BOA~ OF APPEALS TOWN OF SOUTHOLD RESOLUTION ADOPTED JUNE 19, 1997 Re: Applications of Philips/Belt-Atlantic-NYNEX 1000-18-6-5 at Orient WHEREAS.. the verbatim portion of the public hearing(s) in the Matter of Variance Application ~4446 and Special Exception Application =4447 regarding Philips/Bell-Atlantic-NYNEX, was last held on April 24, 1997 with an extension for the purposes of receiving written submissions ~o May 7, 1997; and WHEREAS.~ on May 13, t997 Local Law ,47-1997 was adopted enacting a temporary moratorium on the isstmnce of approvals and/or permits for telecommul~ications rowers, which was filed with the Secretary of State on Monday, May 19, 1997; and WHEREAS, the Members of the Board of Appeals have reviewed the documents which have been made a parr of the entire record; and WHEREAS. a preliminary draft has been prepared wkh background facts for possible consideration; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, that it is hereby CONFIRMED that due to the effect of the Moratorium adopted May I3, 1997, Local Law #7-1997, under Section 2, the Board of Appeals is prohibited from issuing any approvals under its Special Exception or appellate jurisdiction pertaining ~o any telecommunication tower for 120-day period. VOTE OF THE BOARD: AYES: MEMBERS DOYEN, GOEHRINGER, TORTORA, and OSTERMANN. NAY: MEMBER DINIZIO. This resolution was ~ RECEIVED AND FILED THE SOUTHOLD TOWN CLERK Boa=d. 97/towe~. ~es >pted (~ ~ ..~.-----~ ./ / GERARD P. GOEHRINGER, CHAIRMAN RESOLUTION ADOPTED 6/19/97 9 - Minutes ~,--~ APPEALS BOARD YLE. Ge."~d P. Goe~nger. Serge Doyen J~cs DiXie. Ly~a A. Tono~ Maureen C. Os~etmann dune 19.,.__~J~_~__~Regular Me%..~ng of the ZBA _:?'.,:x%'a~.~'~t.~....... ~, ~ Sou~otd Town Hall ~o~5 Man Roa~ EO. Box [ 179 BOA~ OF .~PEALS TO~ OF SOB~OLD Sour. hold. New York 1197! Pyx (516) 765- i 823 Te!eohone (5 i6) 765-1809 FINDINGS, DELIBEgATtONS A.ND DETERMINATION ADOPTF~D AT BEGULAit MtiETING OF ~UNE I9, 1997 Appt. No. 4482 - CH_~CH OF GOD ~ CHBIST (~ferson Te~le) p~CEL 100O-!01-!-10 STBEET & LOCALITY: !5~25 C.g. 48, Cutcho~ae, DATE O~ PUBLIC n~Ag~NG, anne t9, !99~ F~INGS (PBOP~TY FACTS): , m' .' T~s orooerry m located ~ an A-C A~icu!~a~- DESCB-P ~ ~ON: Co~ervation Zone District, 5e~ silage on the north side of Co~y goad 48, Cntcho~e, ~5th 115.10 ft. ~ad f~n~e.=. T~s lot cont~s a total area of app~ateiy ~,857 sq. :~. ~ depicted on the copy of survey map dared May 21, i~2 under ~ and w~ch ma~ shows ~ e~dng tone,re block b~d~g and separa[e one-s~rv f~me chur~ b~- BASIS OF ~P~: B~din~ !nspeczor's Action of D~app~. da~ed Aorfl 30, t99% for the reason that new ~o~d si~ ~ ~ excess of t~e cur~n~ size req~remen~s of Attire ~, Sec~on 100-205. ~ VAB~CE g~ BEQU~T~ BY ~PLtC~: To ~tow five-fz. ~h by mn-ft. ~de, 50 sq-, ft. si~ wMch ~ replace the e~tin~ si~, The n~w si~ is p~posed to be R~hted ~d double-faced. The height ~oove ~o~d ~ proposed at ~h~ fee~ from ~d m the top of ~e REASONS FOB BOBRD ACTION~ DESCB~ B~OW:. The e~sfin~ si~ for ~e chur~ is p~sen~ly a s~e exc~ sq, ft. (a~mensions are app~x. 43"W x SI"H). The nonco~or~ si~ ~s e~ted for msny yem~. The ~n[m~ of ~he ~ea varMnce '~ ~o~ produce n~r~y ~ne-~s ~eca~ me nonco~or~rY of the new s~ar ~o z~e nonco~or~' of ~e e~ny si~, w~ would be removed. (2) The benefii sough~ by ~e appR~t ~not be sch~eved by-~ome method, fe~ible for a~nH~ to pu~ue, o~er than ~ ~ea be~' a sm-Her ~ .wo~d no~ p~de ~e ~~ n~ for Page 2 - June I9, App1..14482:1000-!0!-1-t0 (Church of God) Southold Town Board of Appeals (3) The requested area variance is riot substantial in relation the existing noncom_fortuity. (4) The proposed variance -~H not have an adverse effect or imoact on the nhvsical or environmental conditions in the neighborhood or district because ~s sign reptaces uhe e.~dsdng sign in design and content; (5) The situat/on has been se[f-creaTed. (6) Th~s ac-don is :he ~n~mum that the Board deems necessary and adequate and a[ she same time preserves and protects the character of the neighborhood, and the health, safe~-, welfare of the community. RESOLUTION / ACTION: On morion by Chairman Goehrin~er, seconded by Member Dinizio, k was RESOLVED, to GRANT the relief as applied for and SUBe~ECT TO THE FOLLOWING CONDITION: The set back from ~the front property Line shah no[ be closer than 20 feet. VOTE OF THE BOARD: and DtNIZIO. AYES: MEMBERS DOYEN, GOEHRhN-GL~, NAYS: MEMBERS TORTORA a%~S~RMANN.~_T~his resoiution was duly adopted (a-2). ~/ RESOLUTION ADOPTED 6/t9/~ Actions. 97/101-1-10 Psg~ 10 - Minutes APP~AJ~S BOARD MEMBERS Gerard R Goe3xingen Caairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann June 19, 1997 Regular ~tTM BOA~ OF ~PEALS TO~ OF SOUl. OLD Mee'-'*:ng of the ZBA $outhold Town Hall 53095 Main Road RO. Box i 179 Sou~oict New York 1 t971 F~ (516) 765-1823 Telephone (5 ~ 6) 765- ~ 8~ FINDINGS, D~,IRE1KATIONS AND DETERbtINATION ADOPTED AT i{EGU~ ~ING OF ~-u~-NE 19; 1997 AppI. No. 4484 - EBEEHARD ~I$ELLEI{ PAi{CEL t000-t01-2-24.5 STI{EET & LOCALITY: 3705 Atvah~s Lane, Cutchogue DATE OF PUBLIC HF~RtNG: June 19, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: ThSs p~per~.y ,~ located in an A-C Agricultural- Conserver/on Zone Distmict, being situate on the westerly side of Alvah's Lane, Cu~chogTae, wi~b 2~.88 of road frontage. TbJ~ lot conZm~ns a total area cf 80,000 se. ft. as depi~ed on the Febru- ary 27, 1997 survey map and i~ improved with an e.?ds~ng dwe~r~y structure and five accessory buitd~ngs. BASIS OF APPEAL: B~3~ld~ng Inspector's Action of Disapproval da~ed April 28, 1997; Article iii, Section !00-~. AREA VARIANCE REr.~ REQUESTED BY APPLICANT: For approval of the location of a new dwe1H~5 to the rear of all exis~n~ accessory buildings; leaving a. front yard Iocat~on for the accessoz7 buil~n =~s. RF. ASONS FOR BOAR11 ACTION~ DESCEIBWO BELOW: (1) The gTan~n~ of the area va~_'ance wgI nDt produce an und~i~ble ebnn~ ~ nhm~c~er of nei~borhood or a de~ n~by p~per~es bemuse coercion of a ~ew s~n~!e~f~Y ~sidence ~ tbJs Io~don ~ be ~ ~p~vement to ~e p~per~ ~d neighborhood ~d at ~e s~e ~me preseNe accesso~ f~m b~d~n~. (2) The benefit sought by ~e appear ~nnor be a~eved by some method, feasfote for appHc~t m pu~e, o~er t~ ~ ar?a va~nce nrouo~d house is si~ated m a mmnner ~o pro.de because me m~m~ ~e of ~e ~mm~ni~g proper~ for (3) The ~quested ~ea ~auce ~ not 2abst~l ~ ~dcn to the lo~don of f~ ~mpi~e~ b~t phcr ~o ~e en~c~en~ of Page 2 - June 19, 1~ Appt. #4484: 1000-101-2-24.5 (MueHer) Southold Tow/~ Board of Appeals (4) The proposed variance w/it not have an adverse effect or impact on the ohysical or environmental ~0nditions in the neighborhgod or district because the variance request is minLual. (5) The situation has not been se[f-created because the cot~a~e and accessory slrucrures wer--~ consuructed prlor to the ~enacunen~ of zoning. (6) Th~s action is the m~nimum that the Board deems necessary and adequate And at the .same t~me preserves and p~otec~s the character of the neiEhborhood, and the health, safer?, welfare of the community. RESOLUTION/ACTION: On motion by Nlember Tortora, secomc[ec[ by Chairman Goehringer, it was RESOLVED, to GR~ANT the relief as apptiec[, amc[ SUBJECT TO THE FOLLOWING CONDITION: Upon comntetio~ of the new single-family residence and prior ~o issuance of a ~er~icate of Occupancy for same~ ~e e_x~s*~ng cottage ~ e shall be conver~ed ~o am. accessory s~rucrure. In no even~ shah ~h cottage be considerec[ a habitable H~_r~ uni~, nor shalI i~ be usec[ as such. VOTE OE THE BOARD: AYES: ~E:~IBERS DOY~, DiNIZIO, TORTORA~ OSTER~N; anc[ GOEHRINGER. GERAED P. GOEHEINGEE~ C~i{~ Actions. ~?/10~-2-24.5 Page 11 Minutes ??E)J_S '~OARD MEMBERS · 2e~rd P. Goehringer, Clz~rman Serge Doyen James Dinizio. Ir. Lydia A. Tortora Maureen C. Ostermann June i9,._~_..~__..~3go'lar Mee-,~.zng of the ZBA Soumoid Toga t-tan .~ -~ ' -~ ~ P.O. Box 1179 BOARD OF APPEALS TOW~ OF SOUTHOLD SounholcL New York t 197I Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETE~iliNATION - 19 t997 ADOPteD AT iIEGULAR ~LEETING OF aqJNE Appl. No. 4488 - LA%~'RENCE PEARLST~N PARCEL !000-54-4-23 r ~ · Li~Y' 0005 North Sea Drive, Southcld STREET ~ ~oCA * o' ' June 19, t997 DATE OF ~UBLzC HEAKtNG: - FLNDtNGS OF FACTS p~OP~T~ DESCRIPTION: T~s property ~ located in an Low-Density ~esidendM Zone District, situate 100 feet aiony Nor~ Sea Drive w/th i00 ft. ~ontaae alon~ ordi~ry ~h wa%er mark of the Lon~ Island Sound. Ti~s lot cont~s a total __~a ~;,000 ft. The February !5, 1996 survey.map shows an e:dsrin~ one-story, sma!e-family dwei~g set back 41 f~( from North Sea Drive ~d se~ back 20 fee~ al ~he souzhwes~er~y side p~per~y Eno- BASIS OF ~P~: B-~tdin~ Inspector's Action of Disapproval da~ed ~ay 22, 1997, w~ch reads as follows: "Be~ a non-co~o~min~ io~ a 0 ft in ~ ~-40 Zone, ~e propose~ construc~on does of =1,00 sq. re~ed frond-yard setback of 40 leer, Article not meet the Sec~on 100-244B. Action ~d~ired by Zo~n~ Bo~d of Appeals. ~ VAK~NCE R~I~ ~ESTED BY ~oPLICANT: To ioca~e ~0 s~u~e foot poroon of proposed addi%ion to e~tend with. proposed front vmr~ setback st 37 fee~ ¢~d 40 feet &~ its c!oses~ po~s m the f~on~ p~per~y 5ne aton~ North Sea Drive ~d rem~4~ side vsrd. setback a~ ~ minimum of 25 fee~, ~ ~ sho~ *~°n %kc site pi~ mad or=oared, ~. bv G~tt S~n~ ~.A. dated ~ch ~'~ 1997. R~iSONS FOR BOARD ACTION~ DESCR~ B~OW: (!) The ~an~ing cf the area variance ~Jl no~ produce undes~abie ch~ge ~ c~c~er of neighborhood or a de~r~eni nearby properties because o~y a sm~ poriion of ~e proposed ad~ion and deck, 20 square feet, exceeds the 40 fl. requiremen~ · (2) Tko benefi~ sough~ by the app~canz ~o~ ~ ac~eved by some bemuse ~e appEc~nt's house is on a somew~ ~ ~e to s~ee~ mhd ~e p~ed aa~on.fo~ ~ line of ~ ho~e- Page 2 - June 19, i~7 Appi. #4488: 1000-54-4-23 (Pear[stein) Southoid Town Board of Appeals (3) The requested area variance is not substantial representing only a 12 percent reducr/on in the 40-foot required front yard setback. (4) The proposed variance w/ll not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the variance request is m~n~mai. (5) The situation has not been self-created because ~the applicant has located the addition To comply with other agency regulations. (6) This action is Cae min~raum that the Board deems necessary, and adequate and at the same time preserves and protects the character of zhe neighborhood, and the health, safety, welfare of the community, RESOLUTiON/ACTION: On mo~ion by Member Tor~ora, seconded by Chairman Goehringer, it was RESOLVED, ~o GRANT the relief as applied. VOTE OF THE BOARD: AYES: ~[embers Doyen, Goehriu~er, Dinizio, vo~e (5-0).T°r~°ra' and Os~ermann.///.~This/~r~solu~ion?~,_i~_~.adop red.~)//~///.. '~//~----bY unanimous /~.GERATQD P. GOEHRI~GER, ~CA~tAtR~IAN ~ RESOLUTION ADOPTED S/10/97 Actions. ~7/~4-4-2Z Page 12 Minutes APPEALS BOARD .v~. L~--~ Gerard R Goehringer. Chairman Serge Doyen James Dinizio, Jr. Lydia A. Terrors Maureen C. Oster.mann BOARD OF .aPPEALS TOWkN OF SOUTHOLD tzng of the ZBA Sou~old Town HatI 55095 M~n Road P.O. Box 1179 Southold. New York 1 !971 F-ex (5t6) 765-t823 Telephone (516) 765- t809 ~NDtNG , DELIBERATIONS AND DETLRMLNAT~ON ~ · N[EET!NG OF .JUNE ~ 9, 1997 ADOPTED AT R_GUI,AR - Appl. No. 4475 - h'L-%RY FiSCHETTI PARCEL !000-87-3-4 STREET & LOCALITY: 3%0 5~nehaha Boulevard, Sourho[d DATE OF PUBLIC HEARING(S): May t9, 1997 - June !9, !~97. FINDINGS (PROPERTY FACTS): . . DE~CR~Pq "~-, ION". Ti~s DmDerw is re. cared m an g-40 gesiden~ Zone District, be~ situare on the nor~ side of ~Hnneh_aha Boulevard ~5th 85.0 ft. ~ad fron~ ~d 75.9! ft. f~nr~e ~ong Co~ C~k (new channel). T~s 1o~ con(~ a tot~ ~ of 9,874 sq. ft. and is imoroved wi~h 5 one-srory f~me house '~ at~ched porci{, as depicted on ~ pho[ocopy of sketched survey map BASIS OF ~PLiL: BuHdin~ inspector's Ac~on of Disapp~v~l dared February 21, ~99,, wmcn s~ares t~t ~der Ar~e!e ~flV Set.on i00-244B. Dromosed addition re e~s'~ dwell~n~ w~ have a ~educed Side var~ ~er~ack ~r less %h~ the requ~d !0 feet ~nd [ess C~ the requi~ed rots[ of both side v~rds of 25 feet. AR~ VARIANCE R~,IEF REQU~ BY .~p~C~NT: To lo-~re 11 '~,ste..y side 1~ a reduced s ~rback ft. by 20 ft. addition ar the =~ "~ a~ ~ne (9) f~t ar irs closers po~t. To~ sldeyards ar~ ~so proposed re be reduced [~m 23 lt. re 12 ft. (9 ft. plus 3 ft. at the wesreriy side y~d). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (A former side yard reduc~on b! zown v"~riance approval is of record. ) (1) The g,canttng of the area variance will oroduce an undes~able change m chancier of neighborhood or a detr~en~ ~o nearby proper~es because it ~ cios~g-h~ both side v~s. ~e oenef~ sought bv the &upSet ~ be a~eved by some method, legible for a~n~c~n~ :o p~ue, other than ~ area var - bemuse ~ sm~er ad~on is possfsle, or b~d~ng up (above ~e ' ~' ~ foo~pr~t) (3) !he re~3es%ed ~ ~ce ~ subs~¢~i rep~endn~ Page 2 - June i9, 1~97 ~44~o. 1000-87-3-4 (Fischet~i) Appl. = ~'' Southold Town Board of Appeals (4) The proposed variance ~.~ii1 have ~n adverse effect or impact on the physical or en~.'ronmental conditions in the neighborhood or dL~trict because it would be f~l]ing up that piece of proper~y (width). (5) The situation has been self-created. RESOLUTION/ACTION: On motion by Member Dinizio,_ seconded by Member Ostermann, it was RESOLVED, to DENY the relief requested, *-~ithout prejudice. V~ ~ VOTE OF THE BOARD: A,=S: Members Doyen, Dinizio Toriora, Osiermann and Goehringer. (Member Goehringer no,ed that he would be wiUing ~o give alternative relief.) This resolution ~vas adopted bv unanimous vole (5-0). ' "RESOLUT ~ON ADOPTED 6 / f9 / 97 *to apply for alternative relief. Actions. 97 / 87- 3-4 Phge 13 - Minutes _;_PPE,~LS BO,~D _~F~\[BERS Gerard R Goe!,~nger. GTaLrman Serge Doyen James Dinizio. Jn Lydia A. Tortora Maureen C. Ostermann 3une 19, 1997 Regular Mee; of the ZBA =- $ou~old Town Hall ,~09~' ~ M~n Road ~ -- RO. Box 1179 Sou~ol& N~w York 1197t Fax (5 t 6) 765-1823 - Telephone (5 t6) 765-18~ BOARD OF :&PPEALS TOV~' OF SOUTHOLD FINDINGS, DELIBERATIONS AND DE. .... 2¢iNA.tON ADOPTED AT REGU!~klt M~ING OF .Jb~E !9, 1997 AppI. ~4489 - Dou[las McGah~n (Evelyn Fleet, Owner) PARCEL: 1~(]0-i03-?-t! as one lot (1000-103-7-10. as ~ma~mng lot) ST.REET & LOCALITY: Sfillwarer Avenue, Cutcho~e DATE OF PUBLIC Hw~iI-~G: June 19, 1997 FINDINGS OF FACT PtlOPEIITY DESCRIPTION: Lots i000-t03-7-ti and i03-7-12 are each vacant and consisz of sizes ar 39,9-¢S sc_. ft. and 39,932 sq. fr., res~ec~vety. The frontages alon~ Still,water Avenue are conform/n~ wit~l 193 fee! as re Lot ,~11, and 190 feet as to Lot #12. R,~r.,rE-F tlEgD~ESTED BY APPLICANT: Approval of Waiver under Arzic!e ii, ~ec~ion !00-2fi for a-futuz~ single=family dweJl~ng on [et idenf~_'ed as !000-t03-7-t!. BASIS OF )~PPEAL: Buildin~ !nspec~or:s Action of Disapproval dated june 2, 1997, which reads as follows: under Ar~ic!e ti, Section 10O-26, "under Ar~ic!e Ii, Section t00-24A(1) the !ors in cuestion SCTM ~1000-103-?-li and 1000-10~-?-12 were created by deed dated 2/1/1923 and, by later deed dated I0/26719~4. Each lot was conformin~ with the mi~imnm lot requ/remen~s set forzh in bulk schedule '~A as of the ~,_rs~ date of Lot Crea~on, Under Sec~oD~ 100-25A~ the lozs in ~uestion are located in 5-40 Low:Density Besiden~ Zone Dist~ct, and today these tots are nenconformin~ ~otai io~ are~. These lots have merged as they have been held in common ownership since July !: RFBkSONS FOR- BOARD ACTION. DESCRIBED BELOW: Each Lot No. !i and Lot No. 12 is ~tative m %he or'i~:nlat lot lines when ir -Nas confirmed by subdivision approval from the Sou~hold Town ?!snnin~ Board in i~I. ~own as "Bi~ .Given Acres.- Clarence Fleer, and iarer Evelyn F!ee~. were the sole owners of each Lot ?-'11 and Lo~ ~12 since 1923. i. The ~aiver will nor result in a -?Ji~aif'~nt increase d~Ly of ?h~_ nei~hi~or_h~od. Page 2 - Appl. Decision Rendered June !9, !997 Re: 1000-103-7-11 ~_ud 12 (),~IcGs2han/Fleet) 2. The waiver will reco~-~ze a tot that is consis:en~ with neighborhood. 3. The waiver ~ recognize the exterior dimensions of p~mViousl~' created lot ~nes shown on the Map' of Green Acres subddv/sion map. The subdivision map was si=~ned by the p~==~nC Board June 1972 and filed with the County Clerk on July 12, 1972. 4. The land will not require a chan~e 0~ aitera~on h{ con, ours or slopes, or subs~an~ ~lHn~ of land. RESOLUTION/ACTION: On mo~ion by Member Os~erm-nn, seconded by Chairman Goehr,~n=~er, k was RESOLVED, to GR_~N~ ~h~ recuested Waiver, for the reasons no~ed above. VOTE OF THE BOARD: AYES: Dinizio, Tor~ora, and Ostermann. ~embers Doyen, Goehrin~er, Ibis reso!uiion was unanimously .B~soluuioff Adopted Ac~ons. 97 / 103-7-I!~12 ~.f- Page 14 - Minutes \' .~. ....%LS BOARD '~ ~ ME.MonR3 3er~d P. Goehringer. Chmrman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Osteemann ZBA Regular Meeting of du..~L 19, 1997 BOARD OF APPEALS TO~¥LN OF SOUi'HOLD $ou~o!d Town Hail 55095 Main Road P.O. Box ! 179 Sourlnoid. New York 11971 F~x (fl6) 765-I823 Tefe:hone (5 I6) 765-!809 ~NDINGS, DELIB~RATtON AND DETER~IINATION ADOPTED AT 5:EGU .LAB MEETING OF .3WNE 19, 1997 Appl. No. 4483 - Ar~Di{EAS VASSILIOU PARCEL 1000-106-2-1 STREET & LOC3~Lt~Y: 580 [ntet Drive, ~at.tituck. Cpt. ~dd Esmtes Lot DATE OF PUBLIC H~Ai~iNG: June I~ 1.9~. FtNDIxNGS (PROPERTY FACTS): ~ r '~ .'. ~"~; roperty is located in ~ ~-40 Low-O~i~r Residential Zone Diszrict, ~eing situate on ~he wesz side 0f and sourh side of Surest Drive, ~ta~ruck. T~s lot cenr~ area of 27.359*- sf and is imF roved ~rk a one-story fame ~rh arzached ~rage, porch, ~mcm and concrem oaCo areas, block shed, accessory swim,pool, ~ fury enc!os~ ~ a ch~'nk fence around ~e perimeter of the pmper~. BASIS OF ~PE~: B~d~ !nspecror's Ac~on of Di~pprovat March 21, 1997, which stares ~ under Ar~c!e 21-A, Sec~om 100-30A.4, proposed ~zebo ~ ~ed ~o be i~ted yard (defined by the zo~ng code). T~s parcel ~ a corer ~ronrage of appro~matety 275 feet aton~ ~er Drive and merely 98 feet along SureSt Road. _~ VARL~NCE g~J~V RE~O~ST~ BY ~P~C~: To lo~rm accesso~ ~zebo 10 ft. ~ ~a~emr ~d ar a height uo the fron~ yard area, between the s~sHn5 s~min~ooi ~n~ set back at nor less than eighr (8') feet f~m the westerly (m~) p~per~y l~ne. (No nHI~es ~e proposed. ) R~ONS FOR BOARD A~ION~ D~CRIBED B~OW: (1) The =ranting of t--he ama variance w~Jl not produce ~.n undesirable ~nange hn character of neighborhood or detriment -~o nearby properties berceuse [he iocarion is near rke req~i~'ed rear yard and is a structure u~zed as am accessory to the residence- (2) The benefit sought by the applicant e~nnot be aehievecl by some method, feasible for aooKcanr to oursue, other rhmn an area va~nce due ~o ~e v~mbie t~phy ~d szeps ~ ~ ~e imme~aze ~ yard and a~ n~r ~he house ~d pool. (3) The requested -.~.a yahtzee is nm: ~-ab~r~rrt~t. Pa~e _9 - June i9, 1~ Appt. #4483: 1000-106-2-t (Vassiliou) Southold Town Board of Appeals (4) The proposed variance ,~Jl not produce an adverse effect or impact on the physical or environmental conditions in the neiEhbor- hood or district because the =~azebo location and the entire yard is enclosed with a chain link fence and the gazebo is more than the minimum setback for structures similarly located in a rear yard under the code provisions of Section 100-33.. (5) The situation has not been self-created and ~s related to the land and location of the dweltin~ dur[u~ the e~rty 1960's. (6) This action is the minimum tha~ the Board deems necessary and adeauate and at the same time preserves' and protects the character of ~he nei~hborhocd, and ~he health, safety, welfare of the community. RESOLUTION ~ ACTION: ~Iember Tortora, it was On motion by ~Iember Dinizio, seconded bT RESOLVED, to GRANT ~he relief as applied. VOTE OF THE BOARD: AYES: Members Doyen, GoehrMEer, Dinizio, ~ortora, and Osrermann. Ti~s ~e~'6~on was ~~ .adopted /GERA~D P. GOEHP~I~GE~, CHA~M ~ ............ June t9, 1997 Actions. 97 / 106-2-1 Page '15 Minutes APPEALS BO,A_RD MEMBERSTM Gerard R Goehringer. O~n Serge Doyen James Dinizio. Jr. Lydia A. Tor~ora Maureen C. Ostermann RA Regular Meeting of Jun6_,~:9, 1997 BOA~ OF APPEALS TO~' OF SOU~OLD S0uthold Town Hall 53095 Main Road RO. Box [179 Southoid. New Yod< 1197t Fax (516) 765-1823 Telephone (5 t6) 765- ! 809. FINDINGS, D~--~iBERATIONS AND DETERYLINATION i~I)OPTED AT REGUL:~% MEETING OF -~NE=lg, 1997 Appl. NO. 4465 - BARRY and CAROL ASNESS PARCEL 1000-t05-2-2.t STREET & LOCALITY: 2879 Ruth ~oad Lxlension. 5Ia~iituck DATES OF HEARINGS: April 24, !997; .May 7, 1997; May 19, !997. FINDINGS (PROPYRTY FACTS): DESCRIPTION: T~ proper:y is !ocated '-22 ~n R-i0 ~esidenr/ai Zone District, being situate on the west side of a private right-of-~y w~ch extends nor[h f~m ~e end of Ru~ R~d. T~s is a wate~ fron~~.~I w~ch con~s a ~otat area of 2.ta8. ac~s as depicted on ~he May !~, 1997 survey map, ~d frame house ~th at~ached decks and ~ge, ~d an accessory frame gauge located ~ khe mos~ southwesterly portion of t~ f~mt yard 5rea. BASIS OF APPV~kL: Building inspector's Ac~on of Disapproval dated March 5. t997 issued on the following ~rounds: under Arti~e XX!I!i Section i00-2zg.&A(!) to locate swimming-pool '~rith deck areas within i00 fi. of the Long Island Sound bluff or break. AREA VARIANCE RETJEF REQUESTED BY APPLICANT: To locate swimmmgpoot with deck and szep areas aU as shown on the updazed May t6, !997 map prepared by John Metzger, Peconic Surveyors, P.C. with setback vaMabies a~ 85 ft. and 55 ft. from the top bmnk (near wood olafform) a~ its cioses~ poinm of new rmsed cona~acr/on. REASONS FOR BOARD ACTION. DESCRIBED BELOW: (1) The g-ranting of the area variance writ produce an undesirable change in chats_clef of neighborhood or a detrimen~ to nearby properties. Tesrknonv was ~eceived from area resients that ~he bluff has a long hi~mry of severe erosion problems .--hat remain unabated and continue m uncerm~ne --.he edCe of ~.his bluff, in addkion, t~vo neighbors tes~k~ied tha~ an eroding bluff ~e had forced ~hem ~o move ~heir homes landward. The appiican~ aL~o acknowledged erosion problems on ~he biuff, in consideration of these rockers, the proposed conszruc~ion would be con~pary to the pro~ecdve puz~p, ose inheren~ in ~he !00-foot setback reg-utmtion. (2) The ben~z sought by the appiic.~.nl ~n be arh~eved by some method, feasf~ie for a.nplicant to pursue, oth~=r *h~n an az~ v~'Mmnee © Pa~e 2 - June 19, .991 Appt. ~4465 - 1000-105-2-2.1 (Asness) Southold Town Beard of'Appeals because the rear yard portion of' the applicant's property is on a steep slope and there appears to be no other relatively flat areas on the properly. (2) The reques[ed area variance is substantial representin~ a 35 to 45 percent reduction in the code required I00-foot setback from the top of the bluff. (4) The proposed variance may have an'adverse effect-or impact on the physical or environments/ conditions in the neighborhood or district because of the potential risk of erosion ro the bluff area as well as manmade structures. (5) The difficulty has setback requirement was purchased their property. been setf-cre, e, ted because the in place ion~ before the applicnnts RESOLUTION/ACTION: Member D~n~o, i1: was Om motion by Member Tortora~~ seconded by RESOLVED, to D~IY the relief requested. VOTE OF THE BOARD: AYES: TORTORA, and OSTEPJ~ANN. ABSTAINED. ) ~%I~%iBERS DOYEN, DSNIZIO, (CHAIRNIAN GOEMRLNGER This resolution was adopted_by a ma~o~i~ 'plus one (4). s mmzIo, JR. / C~I~N PRO T~ Resotu~ou Ad~t~ S/19/t997 Actions. 97t 1052-2. I ~ Page 16 - Minutes .APPEALS BOARD MEMBERS Gerard R Goehringer. Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann Jne 19, 1997 ZBA Regular ~:.xy~ting BOARD OF APPEALS TOW-N OF SOUTHOLD Sourhotd Town Hall 53®5 Main Road Rd. Box 1179 Southotd. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FENDINGS, DELIBERATIONS AND DETeRMINATiON ADOPTED AT REGULAR MEETING OF JUNE 19, 1997 Appl. No. 4487-SE - DONALD AND PATRtCIA FEILER PARCEL ID: 1000-I41-4-40 (Owner: Homart Realty) STREET & LOCALITY: 11725 Main Road, Mattituck DATE OF PUBLIC ,qEARING: June 19, 1997 REQUEST MADE BY APPLICAaNT: This is a application -made by Contract Vendees for a Special Exception go establish primary business offices hi an existing two-story frame building which is situated on a 14~400+- sq. ft. parcel of land, having a frontage of 80.47 feet along the north side of Main Road, Mattituck. PROPERTY DESCRIPTION): DESCRIPTION: This property is located in a Residential-Office (RO) Zone District and contains a total lot area of 14,270 sq. ft. The April ~, 1985 survey submitted with this application shows two buildings: (a) a two-story frame dwelling and (b) accessory frame garage. The northerly and easterly side [h~es show e_xisting fences (post and rail s~yle; and stockade style). A Certificate of Occupancy for Nonconforming Premi.qes (Pre-C.O. ~Z13534) dated June 18, 1985 was issued to George tt. Gildersleeve, former owner. BASIS OF APPLICATION (CODE PROVISION): Chapter 100 "Zoning," under Article VII, Section 100-?lB(2), which reads as follows: "Uses permitted by Special Exception" upon receiving approval of the Board of Appeals for the following: (2). Professional offices and business offices." REASONS FOR BOARD ACTION~ DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacenz uses because it is a neighborhood consisting of mixed residential and commercial uses: business office, professional office, retail, and others; 2) The Special Exception use will mot prevent the orderly and reasonable use of adjacent properties and ~here are yard areas available for parking, egress and ingress; 3) The primary occupancy for business offices will not prevent Page 2 - June 19, I99% Appl. #4487: 1000-I41-4-40 (Feiler) Soul:hold Town Board of Appeals orderly and reasonable uses proposed or eXisting in adjacent use districts; 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected; §) The enactment of the new Master Plan in January 1989, with subsequent amendments thereto, confirm business office uses to be authorized after full reviews; 6) No other adverse conditions were found after considering items Listed under Section 100-263 and 100-264 of the Zoning Code. RESOLUTION/ACTION: On motion by Member D~nizio, seconded by' Chmirmmn Goehringer, it was RESOLVED, tO GRANT the application, as applied. VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, DOXz-F~N, TORTORA, OSTERMANN, and GOEHRINGER. u/~nlmously~5-0) ' /GERARD P. ' RESOLUTION ADOPTED 6t19/97 Actions. 97 / 141-4-40 RECEIVED AND FILED BY THE SOUTHOLD TOV~I~ CLE~i Town Clerk, Town o~ ~oumc~u ~Page ~7 - Minutes ~'~ Southold Town Board of Appeals Regular Meeting of June 19, 1997 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned at approximately 9:30 p.m. Attached at the end of the resolutions within this set of Minutes are copies of the Board's Findings of Facts and Determinations deliberated and rendered at this meeting, the originals of .which were filed with the Town Clerk's Office prior to the filing of the within Minutes: Fischetti, Vassiliou, Church of God, Pearlstein, Mueller, Feller, McGahan, Asness. Respectfully submitted, v Iafnda Kowalski 7~ Board Secretary RECEIVED AND FILED BY TF~E SOUTHOLD TOWN CL, ERK ! D~TE ~/l~/~? HOUR ~'~' Town Clerk, Town of Soulh01_d