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HomeMy WebLinkAboutZBA-01/22/1980Southold Town Board of Appeals 8OUTHOLD, I. !., N. Y. 11971 TELEPHONE (516; 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR.r Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS MINUTES SOUTHOLD TOWN BOARD OF APPEALS JANUARY 22, 1980 A Special Meeting of the Southold Town Board of Appeals was held on Tuesday, January 22, 1980 at 5:00 o'clock P.M. at the Town Hall, Town of Southold, Main Road, Southold, New York 11971. Present were: Messrs. Charles Grigonis Jr., Robert J. Doug- lass, Terry R. Tuthill. Also present was Mr. Demery, reporter for the Long Island Traveler-Watchman. RESERVED DECISION: Application of STEPHEN J. PERRICONE and PENELOPE KOUSOUROS, 7470 Sound Avenue, Mattituck, New York for a Variance to uhe Zoning Ordinance, Article VI, Section 100-60 for permission to establish disco bar with dancing. Location of property: Sound Avenue, Mattituck, New York; bounded north by Sound Avenue, east by Sepko, south and west by Meglio. The ~oard discussed the conditions that each wished to be placed in the record, and the following action was taken: After investigation and inspection, the Board finds that the applicants are requesting permission to establish a disco bar with dancing at premises known as 7470 Sound Avenue, Matti- tuck, New York. The Town Code does allow for a restaurant and bar zn a B-Light Business District, Article VI, Section 100-60A(5) but does not provide for a disco bar with dancing without first obtaining other approval(s). Businesses are presently conducted on the subject premises, and the grant of this variance would present no change in the use. Applicants have presented park- ing plan approval from the Southold Town Planning Board, as well as submission of documents as to the number of occupants in its fullest capacity as compared with parking allowaBces, recommenda- tions of the Mattituck Fire Chief, report on noise tollerance, etc. The Board finds that the circumstances present in this case are unique and that strict application of the applicable laws Southold Town Board of Appeals -2- January 22, ~980 would produce practical difficulties or unnecessary hardShip. The Board believes that the grant of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion made by Mr. Tuthill, seconded by Mr. Douglass, it RESOLVED, that STEPHEN J. PERRICONE and PENELOPE KOUSOUROS, 7470 Sound Avenue, Mattituck, New York 11952, BE GRANTED permission to establish a disco bar with dancing as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That construction and/or alteration of the building and site shall be in complete conformity with the floor plan, profile and site plan heretofore submitted and approved by this Board. 2. That the operation shall be under the direct supervision and control of Stephen J. Perricone, Arthur P. Foster and Fred Axelson, or the subsequent owners or lessees. 3. That in order to prevent automobiles and other vehicles from entering or leaving the premises in areas other than the entrance and exit driveways, a permanent barrier such as hedges or fencing shall be erected parallel to Sound Avenue at the north end of the premises between the entrance and exit driveways. 4. That the premises, including parking areas, shall be suf- ficiently lighted for safety and convenience purposes, provided however that such lighting shall not be directed onto neighboring properties. 5. That the building shall be suitably ventilated such that all doors and windows may be kept closed at all times during opera- tions during all seasons and to preven~ excess noise from escaping from the building to surrounding neighbors. 6. That an approved fire safety system be installed as required by all applicable codes and regulations. 7. That the disco shall be in operation for at least two periods per week for teenagers which shall be chaperoned and supervised by adults over the age of 25 years and shall comply with Exhibit I submitted by the applicants to this Board. 8. That the capacity in the disco shall not at any time exceed that number of persons allowed pursuant to all applicable laws. Applicants must file with this Board prior to the commence- ment of operations~recommendations from the Mattituck Fire Chief. 9. That t~e area of the building to be utilized for the disco operation shall be properly segregated from the storage area in the rear by a fence as proposed and set forth on the plans submitted to this Board by the applicants. Southold Town Board of Appeals -3- January 22, 1980 10. That the applicants obtain approvals from the appropriate agency for access to and from the subject premises; i.e. Suffclk County if the access will be off County Road 27. 11. That any violation of any of the foregoing conditions shall be deemed an automatic revocation of this approval, in which event the Building Inspector may issue appropriate violations and/or revoke any permit and/or certificate of occupancy issued. 12. That this variance shall be granted-for a term of one (1) year from the date hereof. Within two months from the expira- tion of this approval, applicants may apply for an extension of the approval hereby granted upon a showing of compliance with all the conditions set forth herein and approved by this Board for the continued operation of the disco bar with dancing. 13. That approval be obtained from the Suffolk County Planning Commission pursuant to Section 1332 of the Suffolk County Charter. Location of property: 7470 Sound Avenue, Mattituck, New York; ~ounded north by Sound Avenue, east by Sepko, south and west by Meglio. County Tax Map Item No. 1000-121-005-003. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Tuthill. Absent: Messr. Doyen. RESERVED DECISION: Application of ROBIN A. RAEBURN and MARY ELIZABETH MURPHY, by George C. Stankevich, Esq., Main Road, Southold, New York for a Variance for approval of access, New York Town Law Section 280A. Location of property: Bridge Lane Exten- sion, Cutchogue, New York; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. The applicants' attorney, George C. Stankevich, Esq., had filed with this Board a Waiver of the 45-day time limit in which this Board had to make its decision. This waiver extended the time limit an additional five (5) days, namely, until January 25, 19B0. The Board discussed the conditions they felt should be made part of their decision, and the following action was taken: After investigation and inspection, the Board finds that the applicants have requested approval of access to lots located near Long Island Sound and heretofore approved conditionally as a minor subdivision by the Planning Board on November 14, 1979. The lots shown on the subdivision map have access to the nearest public highway, namely, Bridge Lane Extension at its intersection with Oregon Road over a 16-foot wide right-of-way. However, upon examination of the site, the Board found that said right-of-way is not open and unobstructed throughout its entire length. It is Soutkold Town Board of Appeals -4- January 22, 1980 obstructed by a barn and house at the southerly end within 200 feet, approximately, of Oregon Road. The Board also found that there exists a 20-foot wide right- of-way (presently of Baxter Properties, Inc.) immediately west of the above-mentioned 16-foot wide right-of-way. The Board believes that if the applicants can obtain the right to use the 20-foot wide right-of-way in the area in which the 16-foot wide right-of-way is obstructed by buildings that the combined use of the rights-of- way in the area where obstructions are located would afford appli- cants adequate access to the lots in question. The Board finds that the circumstances present in this case are unique and that strict application of the applicable laws would produce practical difficulties or unnecessary hardship. The Board believes that the grant of a variance in this case will not change the character of the neighbQrhood and will observe the spirit of the zoning ordinance. On motion made by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that ROBIN A. RAEBURN and F~RY ELIZABETH MURPHY, by George C. Stankevich, Esq., Main Road, Southold, New York 11971, BE GRANTED approval of access, New York Town Law, Section 280A, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicants obtain the legal right to use the 20-foot wide right-of-way (presently of Baxter Properties) lying to the west of the 16-foot wide right-of-way (presently of Raeburn & Murphy); and that the 20-foot wide right-of-way (pre- sently of Baxter Properties) be used in conjunction with only that portion of the 16-foot wide right-of-way that is unobstructed by existing buildings for a distance commensing at the northerly line of Oregon Road and extending northerly a distance of approxi- mately 200 feet to a point north of the.existing barn and/or horse encroachments of the 16-foot wide right-of-way. 2. That the applicants file with this Board an instrument granting applicants the right to use that portion of the above- described 20-foot wide right-of-way in recordable form. 3. That the right-of-way be suitably improved in accord- ance with the requirements of this Board adopted March 22, 1979. The full width and length of the legal rights-of-way (presently of Raeburn & Murphy) and that portion, approximately 200 feet at least, of the 20-foot wide right-of-way (presently of Baxter Properties) being used conjunctively shall be improved in accord- ance with these requirements. 4. Tha~ approval and/or recommendations of the Suffolk County Planning Commission be obtained pursuant to Section 1332 Soutkold Town Board of Appeals -5- January 22, 1980 of the Suffolk County Charter. 5. That approval and/or recommendations of the Southold Town Planning Board be obtained regarding the use of that-portion of the above-described 20-foot wide right-of-way (presently of Baxter Properties). Location of property: Bridge Lane Extension, Cutchogue; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. County Tax Map Item Nos. 1000-073-002-003 and part of 1000-073-002-002. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Tuthill. Absent: Messr. Doyen. RESERVED DECISION: Application of ROBERT WADDINGTON, JR., Tuthill's Lane, Aquebogue, New York (Richard F. Lark, Esq.) for Variances to the Zoning Ordinance, Article Iii, Section 100-31 for permission to construct dwelling with insufficient frontyard setback and for approval of access pursuant to New York Town Law Section 280A. Location of property: Miami Avenue and Soundview ~Avenue, Peconic; bounded north by Mathal Realty Corp. Inc., southeast by Miami Avenue (private road), southwest by Soundview Avenue ~rlvate road), and northwest by Booth. County Tax Map Item No. 1000-67~006~016. After investigation and inspection, the Board finds that the applicant is requesting permission to construct dwelling with an insufficient frontyard setback of 16 feet and approval of access off Miami Avenue, an old subdivision street not dedicated to the Town. The subject premises has two frontyards inasmuch as it is considered a corner lot, and is approximately 48 feet in width. The Board finds that the circumstances present in this case are unique and that s~rict application of the applicable laws would produce practical difficulties and unnecessary hardship. The Board believes that the grant of a variance in this case and approval of access will not change the character of the neighbor- hood and will observe the spirit of the ordinance. On motion made by Mr. Tuthill, seconded by Mr. Douglass, it RESOLVED, that ROBERT WADDINGTON, JR., Tuthill's Lane, Aquebogue, New York, by Richard F. Lark, Esq. BE GRANTED permis- sion to construct dwelling with an insufficient frontyard setback of 16 feet as applied for and BE GRANTED approval of access off Miami Avenue, SUBJECT to the recommendations of the Suffolk County Planning Commission pursuant to Section 1332 of the Suffolk County Charter. Southold Town Board of Appeals -6- January 22, 1980 Location of property: Miami Avenue and Soundview Avenue <private streets~, Peconic, New York~ bounded north by Mathal Realty Corp., southeast bY Miami Avenue, southwest by Soundvlew Avenue, northwest by Booth. County Tax Map Item No. 1000-067- 006-016. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Tuthill. Absent: Messr. Doyen. On motion made.by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that the meeting be declared closed. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Tuthill. Absent: Messr. Doyen. The meeting was declared closed at 6:20 P.M. ~'~ai~ma~ B~rr~ o~'~~~ Respectfully submitted, Mrs. L.F. 'Kowalski Secretary