Loading...
HomeMy WebLinkAbout4167 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD FINDINGS AND DETERMINATION SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4167. Application of ETTORE PENNACCHIA and TOUCH OF VENICE RESTAURANT. Request for a Variance to the Zoning Ordinance, Article XIV, Section 100-101C(3) for permission to locate an off-premises-directional sign on property owned by Ester DiGioia, premises located in the Light Industrial (LI) Zone District, at the southeast corner of the intersection of Middle Road (County Road 48) and Lipco Road, Mattituck; County Tax Map No. 1000-141-3-18. WHEREAS, a public hearing was held on May 20, 1993, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a variance to allow for the location of one ground sign, the wording of which will be for directional purposes for the traveling public to find the a local restaurant which is located off the main highway along Wickham Avenue, Mattituck. The name of this restaurant is "The Touch of Venice Restaurant." 2. The sections of the zoning code under which an appli- cation for a sign permit has been disapproved by the Building Inspector is Section 100-141C(3) {ref. 100-101C3}. 3. The premises which is the subject of this application located in the Light-Industrial (LI) Zone District. This parcel is presently vacant. The property has frontage along County Road 48 (also known as Middle Road) of 200 feet, and frontage along Lipco Road of 390+- feet. "~age 2 - Appl. No. O67 Matter of ETTORE PENNACCHIA/ESTHER DIGIOIA Decision Rendered May 20, 1993 4. The wording of the sign will be restricted to: "... Touch of Venice Waterview Dining Lunch - Dinner Italian-Seafood-Steaks Turn left 1/2 mile at Traffic light on Wickham Avenue " 5. The size of the sign is six feet wide by four feet high, with a total height from ground level to the top of the sign at 10 feet. The clearance from the ground to the bottom of the sign is proposed and must remain open for clear visibility at the intersection. 6. The setbacks are proposed at 15 feet from the owner's front property line along Route 48 and 10 feet (or more) from the front property line along Lipco Road. 7. It is believed that Section 100-31C9(e) of the residential zone districts was inadvertently left out of the industrial zones (which zones are normally less restrictive). Section 100-31C9(e) provides these types of signs by Special Exception from the Board of Appeals, and is provided in the A/C, R-80, R-120, R-200 Residential Zone regulations. 8. On May 5, 1966, and again on March 22, 1979, the Board of Appeals established guidelines and principles governing signs not specifically covered in the Zoning Ordinances; and in order to assist the travelling public and in the interest of traffic safety, the Board established the following types of activities for which a reasonable nurmber of off-premises signs, directional only, may be conditionally granted for a limited time period: a. Motels, hotels, tourist houses b. Restaurants and eating places c. Churches d. Ferries, transportation e. Subdivision/development signs f. Shopping centers or business g. Amusement areas h. Civic activities i. Federal, State, County, Town owned signs. 9. It is the position of the Board that this sign is for directional purposes to aid the traveling public and does meet the standards set by the Board of Appeals in its 1966 and 1979 resolutions. 10. Also in considering this application, the Board finds 3 - Appl. No.g67 Matter of ETTORE PE~NACCHIA/ESTHER DIGIOIA Decision Rendered May 20, 1993 and determines: (a) the location of this sign in a Light Industrial Zone District as compared to residential properties in the town will be in the best interests of the public; (b) this sign will not adversely affect or alter the essential character of the property or areas in this LI zoning district; (c) there are no other ground signs legally existing at the property at this time, and until such time as the circumstances of the property changes or the sign laws are amended, this single ground sign may remain - subject to receiving all other agency approvals before placement of the sign; (d) the benefit sought by the applicat cannot be achieved by some other method feasible for the applicant other than a variance; (e) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions ~n the neighborhood or district; (f) the alleged difficulty was not self-created; (g) in light of the above factors, the grant of the variance will be consistant with the intent of the zoning ordinance, subject to the conditions, noted further below. Accordingly, on motion by Member Doyen, seconded by Chairman Goehringer, it was RESOLVED, to GPJ~NT a Variance in the Matter of the Application of ETTORE PENNACCHIA for the TOUCH OF VENICE RESTAURANT (Owner: Esther Digioia) for a directional sign in lieu of an on-premises ground sign on this vacant lot, SUBJECT THE FOLLOWING CONDITIONS: 1. This sign shall continue only as long as the property owner's consent is in effect. 2. This authorization is terminable at once at the direction of the Board of Appeals. 3. The purpose of this sign must be directional in the public interest as distinguished from advertising of products or services. 4. Said sign shall not exceed four feet by six feet (4' x 6'). 5. Said sign shall not be less than 15 feet from the front property line along County Road 48 (Middle Road), and not closer than ten (10) feet from the front property line along Lipco Road. 6. Said sign shall not be illuminated. 7. Said sign shall be subject to compliance with the new '°Page 4 - Appl. No.~7 Matter of ETTORE PEN~ACCHIA/ESTHER DIGIOIA Decision Rendered May 20, 1993 sign regulations pertaining to off-premises directional signs which should become effective legislation in the future. 8. Said sign shall not be illuminated. 9. Before this sign may be placed on the premises, said sign shall comply with the rules and regulations of the Federal Highway Beautification Act and Federal Funding Laws for Highways (Highway Law Section 88, etc.) -- which may require a permit or other authorization from the N.Y.S. Department of Transportation, as well as obtaining a written (building/sign) permit from the Town. 10. In the event of a sale or conveyance of the subject land, the applicant must furnish the Board of Appeals with a copy of the new owner's written consent authorization the continued placement of this sign. 11. Said sign must be maintained in good condition, other- wise the Town may in its discretion order removal. 12. The wording and dimensions of this sign may not be altered or changed in any manner unless prior written approval has first been obtained from the Board of Appeals and other applicable agency(cies). 13. This sign must be for directional purposes for the restaurant located at premises now or formerly of Matt-A-Mar known as County Tax Map Parcel No. 1000-114-3-1, and may not be transferred to any other business use. 14. This variance does not expressly permit authorization for any other sign which may be placed or intended in the future for the subject restaurant or these premises. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk RECEIVED AND FILED BY /~.RARD P. GOEHRIN~ER / / CHAIRMAN ~' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOAP, D OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1623 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 20, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4166 - ROBERT W. ALCUS. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for approval of an existing deck around existing accessory swimmingpool {which pool structure has received a Certificate of Occupancy under No. 14664 and Building Permit No. 13046 dated 6/17/84}. Variance is required since all structures have a total lot coverage over 20% of the lot area. Subject premises is nonconforming as to total lot area and width in this R-40 Low-Density Zone District and is shown on the Map of Indian Neck Park as Lot No. 8; Suffolk County Tax Maps as District 1000, Lot 4. Street Address: 335 Smith Road, also shown on the Section 98, Block 4, Peconic, NY. Page 2 - Notice ofeearings Southold Town Board of Appeals Regular Meeting of May 20, 1993 2. 7:35 p.m. Appl. No. 4167 - ETTORE PENNACCHIA and TOUCH OF VENICE RESTAURANT. Request for a Variance to the Zoning Ordinance, Article XIV, Section 100-101C(3) for permission to locate an off-premises-directional sign on property owned by Ester DiGioia, premises located in the Light Industrial (LI) Zone District, at the southeast corner of the intersection of Middle Road (County Road 48) and Lipco Road, Mattituck; County Tax Map No. 1000-141-3-18. 3. 7:40 p.m. Appl. No. 4165 - SANFORD H. and ELIZABETH M. FRIEMANN. Request for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition and deck addition with spa within 75 feet of the existing bulkhead at 1165 Old Harbor Road, County Tax Map Parcel No. 1000-117-3-8.4. located in the R-80 Zone District. New Suffolk, NY; Subject premises is 4. 7:45 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner). Appeal of the April 9, 1991 Notice of Disapproval from the Building Inspector, citing "...Article III, Section 100-13 - Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking facilities." The subject premises previously had received a Special Exception under Appl. No. 3542 for motel units without maps or plans before the Board for individual Page 3 - Notice of ~arings Southold Town Board of Appeals Regular Meeting of May 20, 1993 kitchenettes or dwelling uses. {The Special Exception use did not include approval for kitchenettes or dwelling uses}. Location of Property: 61475 C.R. 48, Greenport, NY; Tax Map Parcel No. 1000-045-01-001 and 002 (now 2.1), approximately 7.5 acres. County containing The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: April 30, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL Date ... OCTOBER 9~ . 19 92 To EI~rORE PEI~I'ACCRIA (I~SSEE) ES'I'Itl/R DIGIOIA P.O. BOX 1623 MATTITUCK, N.Y. 119§2 PLEASE TAKE NOTICE that your application dated ......o.c.~.o.~.~.~..6: ............. 19.9.2... for permit to CONSTRUCT AN OFF PRHlqISES FREE STANDING GROUND SIGN Location of pranertv 3600 COUNTY ROAD t[48 I'[ATTITUCK, NE~ YOR House No. St/e~t ........................... Ham/er County Tax Map No. 1000 Section 141 ' Block 3 Lot 18 Subdivision ................. Filed Map No ................. Lot No ....... ' ....... is returned herewith and disapproved on the following grounds . .U~)ER ARTICI~ XIV SE.C.T.I.ORS 100-141 C (3), 100-I01C (3). AN OFF PREMISES SIGN IS NOT A PERHITT~D USE.. IN THIS DISTRICT. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. APPROVAL OF SITE.LOCATION ON COUNTY ROAD ~48 BY N.Y.STATE DEPT. OF TRANSPORTATION ALSO REQUIRED PHONg NO -% 16-360-6091 /Bui~ng Inspector .... RV 1/80 RECEIVED ~.L~.Y O3 i~3 /.~ '-~- ~' ~ Sou~hold Town ClerkTowH OF SOUTHOLD, NE'~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ / ~ ~' DATE ...... ~../..~ ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,. (We,. £~.~.....~.~.~.~ ~ o, ~ c ~ ~ v ~ ;~ ....... Nome of Appellant Street and Number ....f~..~..~.~.¢ ....... ~.y.. ........ ./....LZ~ .............. ~.y.. .......... .EREBY ^PPEAL TO /wunicipality State THE ZONING BOARD OF: APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............... .~......O. ..................... ,~ .... ~ WHEREBY THE BUILDING INSPECTOR DENIED TO ..Z.~_~_~......../..~..~..~_~.~.~.~.~. ....... Name of Applicant for permit o, ~...d. .......................... .~ ................................. ~.Y.....IZ..;.: ................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ......................................... ~-. ........................... Street /Ham]e~:/ Use District on Zoning Map District lO00 Section/~J/Block S Lot/Y C.-ren- ......................................................... Map No. 'Lot No. Prior Owner 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~/-L/ Section 3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (/~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (~as hard, been Of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance made with respect to this decision and was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Fcrr~ ZBI (Continue on other side) REASON FOR APPEAL Continued sorv HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE .CHARACTER OF THE DI$1RICT because STATE OF NEW YORK ) ) COUNTY OF ~ul~'~ ) SS Signature th " ~ da of '-~ /~o',,>~bv' Swo r n to thi~.....~.... ................................... Y ............................................. ~. ......... 19 ~'~'~ 1 IIOT~Y PUBLIC, State of N.Y. No. 4725089, Saffdk Count~ ,; Tefra Exldres May 3~, ],9 -.~'~,'/'- TOWN 'OF SOUTHOLD PROPERTY RECORD CARD , o~,~../~//. ~e-/~. OWNER STREET, '::li :, [~(') VILLAGE DIST. SUB. ~ , , E ACR. RES. ~/1 S~S. 'gL."~ fi FARM COMM. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE RE~RI(S AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE ~ m ~> ' >~-, .... ~, .... m FA~ Acre Value Per Value -~ ,, x, -( Tillable FRONTAGE ON WATER Wo~land FRONTAGE ON ROAD ~ ~ z, /~' Meadowland DEPTH ~ ~ ' House Plot BULKH~D Total DOCK '" PAY ' ,- ~.,, ....-- PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'I'F t. HARRIS Supervisor ~'i Te'"r U'~II. '~'lqq'5 MailL}~oad P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 MEMORANDUM TO: Richard C. Hilary, Chairman, Stewardship Task Force FROM: SUBJECT: Richard G. Ward, Chairman ~/~ Request for review of off-premise directional signs DATE: May 19, 1993 The attached memorandum is sent to you for review by your task force in the hope that you may be able to make recommendations to the Town Board as to uniform standards for directional signs. Enc: PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'I-I' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: DATE: Richard G. Ward, Chairman .['May 19, 1993 RE: Request for variance for off-premises directional sign Ettore Pennacchia and Touch of Venice Restaurant, Wickham Avenue Mattituck SCTM# 1000-141-3-18 The following comments are in reference to the above request for an off-premises directional sign variance. The Planning Board recommends that off-premises directional signs be small, standardized, and directional only, thus we do not approve of the advertisement in the sign as shown in the sketch. The sign submitted is more typical of an "on-site" type sign. The Board is recommending that the Town cooperate with the Stewardship Task Force in developing uniform standards for directional signs; possibly provided by the Town, upon Town approval and a fee to the applicant. The Board is also aware that this restaurant may already have a tent directional sign. Pre S e n t : PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF $OUTHOLD May 20, 1993 (7:30 p.m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board ZBA Hearings 20, 1993 APPLICATION NO. 4167 - ETTORE PENNACCHIA and TOUCH OF VENICE RESTAURANT Request for a Variance to the Zoning Ordinance, Article XIV, Section 100-101C(3) for permissi6n to locate an off-premises-directional sign on property owned by Ester DiGioia, premises located in the Light Industrial (LI) Zone District, at the southeast corner of the intersection of Middle Road (County Road 48) and Lipco Road, Mattituck; County Tax Map No. 1000-141-3-18. 7:37 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a sign as it is penciled in. I have approximate location of the sign, being 10 feet from Lipco Road, and approximately 15 feet from County Road 48, that is, and I have a copy of the Tax Map of the County of Suffolk indicating this and other surrounding properties in the area. Is there someone who would like to be heard? How are you tonight, sir? Appearance: THE CHAIRMAN: Ettore Pennacchia, Applicant pro se Please state your name. MR. PENNACCHIA: .I am Ettore Pennacchia, owner of Touch of Venice. In this particular case I need the sign because my restaurant is off of Wickham Avenue. It is not a ZBA Hearings 7 May 20, 1993 heavily traveled road at all; and in today's economy I need some help from the visitors that come into the area. That is why the sign is necessary, for directions and how to get to the restaurant. THE CHAIRMAN: I understand. The sign will not be lighted, is that correct? MR. PENNACCHIA: No. THE CHAIRMAN: There was a question and a comment made by the Planning Board regarding the sign, and that is that there is no doubt in my mind, living in Mattituck, and being at the place where you.are, that there is, you definitely have a hardship, and you could use a directional sign. There is no question about it. The question is, the degree of wording on the sign. We would rather have the sign mentioning the restaurant, and not too much other verbiage, other than the fact that you are in a specific location and how to get there and so on and so forth. BOARD ASSISTANT-CLERK: I didn't have a chance to give him a copy. We just got it today. THE CHAIRMAN: You are very welcome to comment on that if you like, and that has been the normal course of events we have been dealing with, so we will cut and patch what we like on it, and talk about it, all right? MR. PENNACCHIA: Yes, no problem. ZBA Hearings 8 May 20, 1993 THE CHAIRMAN: And we won't make a decision right now because we haven't really discussed it amongst ourselves; but we will have a decision hopefully for you tonight. MR. PENNACCHIA: Thank you very much. Whatever you decide, I can go along with, so long as we have directions. That's all I am looking for. THE CHAIRMAN: Thank you. sir, anyplace else? MR. PENNACCHIA: took that down-- THE CHAIRMAN: MR. PENNACCHIA: sign. Do you have any other one, I had one, a tent-sign, on 48, but I Because of the new law? Yes, I removed that and now I have no THE CHAIRMAN: Ail right. Thank you. MR. PENNACCHIA: I think I am the only one who took my sign down. I still see them all over the place. THE CHAIRMAN: Is there anybody else who would like to speak or comment on this particular hearing? (There was no response.) THE CHAIRMAN: Seeing no hands, any questions from any Board members? (There was no response.) THE CHAIRMAN: Hearing or seeing no further questions, I will make a motion closing the hearing and reserving decision until later. ZBA Hearings 9 May 20, 1993 (Seconded and carried; see Clerk's minutes.) (6) feo~ 9smmd ~Lo- J PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Richard G. Ward, Chairman ~/~ DATE: May 19, 1993 SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 RE: Request for variance for off-premises directional sign Ettore Pennacchia and Touch of Venice Restaurant, Wickham Avenue Mattituck SCTM# 1000-141-3-18 The following comments are in reference to the above request for an off-premises directional sign variance. The Planning Board recommends that off-premises directional signs be small, standardized, and directional only, thus we do not approve of the advertisement in the sign as shown in the sketch. The sign submitted is more typical of an "on-site" type sign. The Board is recommending that the Town cooperate with the Stewardship Task Force in developing uniform standards for directional signs; possibly provided by the Town, upon Town approval and a fee to the applicant. The Board is also aware that this restaurant may already have a tent directional sign. L ETTORE S EAST I INC J/ PUBLIC HEARINGS NOTICE OF ~eet of the existin~l~lkhead at NOTICE IS HEREBY GIVEN, Pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURS- DAY, MAY 20, 1993 commen- cing at the times specified below: 1.7:30 p.m. Appl. No. 4166 -- ROBERT W. ALCUS. re- quest for Variance to the Zon- ing Ordinance, Article ILIA, Section 100-30A.3 (Bulk Schedule) for approval of an existing deck around existing accessory swimming pool {which pool structure has received a Certificate of Oc- cupancy under No. 14664 and Building Permit No. 13046 dated 6/17/84}· Varianc~ is re- quired since all structures have a total lot coverage over 20% of the lot area· Subject premises is nonconforming as to total lot area and width in this R-40 Low-Density Zone District and is shown on the Map of Indian Neck Park as Lot No. 8; also shown on the Suffolk County Tax Maps as District 1000, Section 98, Bl0ck'4, Lot 4. Street Address: 335 Sn~ith Road, Peconic, N.Y. 2. 7:35 p.m. ~.ppl. !~o..4167,. ETTORE PENNACCHIA and TOUCH ,OF. VENICE RESTAURANT. Request for a Variance to the Zoning Or- dinance, Article XIV, Section 100-101C(3) for permission to locate an off-premises- Jirectional sign on property 3wried by Ester DiGioia, )remises located in the Light Industrial (LI) Zone District, xt the southeast corner of the ntersection of Middle Road County Road 48) and Lipco Road, Mattituck; County. Tax vlap No. 1000-141-3-18. 3.7:40 p.m. Appl. No. 4165 SANFORD H. and ]LIZABETH M. :RIEMANN. Request for a variance to the Zoning Or- linance, Article XXIII, sec- ion 100-239.4 for permission o construct addition and deck ~ddition with spa within 75 1165 Old Harbor Road, New ' Suffolk, NY; County Tax Map Parcel No. 100-117-3-8.4. Sub- ject premises is located in the R-80 Zone District· 4. 7:45 p.m. Appl. No. 4039 - CL1FFSIDE ASSOCIATES, INC. (Owner). Appeal of the April 26, 1991 Notice of Disapproval from the Building Inspector, citing "...Article III, Section 100-13 -- Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking facilities." The subject COUNTY OF SUFFOLK STATEOF NEW YORK premises previously had received a Special Exception under Appl. No. 3542 for motel units without maps or plans before the Board for in- dividual kitchenettes or dwell- ing uses. {The Special Excep- tion use did not include ap- proval for kitchenettes or dwelling uses}. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax~ Map Parcel No. 1000o 045-01-001 and 002 (now 2.1), containing approximately 7.5 acres. The Board of Appeals will at said time and place hear any and all persons or represen- ] tatives desiring to be heard in thc above matters. Written t comments may also be sub- mitted prior to the conclusion ' of the subject hearing. Each hearing wall not start before thc times designated above. If you wish to i'eview the files or need to request more informa- tion, please call 765~1809 or visit our office. Dated: April 30, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN · By Linda Kowalski lX-5/6/93(15) SS: Patricia Wood,' being duly sworn, says that she is the Editor, of. THE LONG 15LAND TRAVELER-WATCHMAN, a public newspaper printe~d at Southold, Jn Suffolk County; and that the notice of which the annexed is a printed copy, .has been published in said Long Island Traveler-Watchman once each week for.. / weeks successively, commencin~ on lhe ........... ~ .......... ~day of.... ?'?.~ .......... 19 .?.~... S,,vlu'n lo hchue ira.! Ihis ~'- ~ ..................... day ol Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State ct New York No. 480~46 Q~alified in Suffolk County Commission Expires DEPART~4ENT OF PLANNING COUNTY OF SUFFOLK ROBERT /. (~AFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H, KUNZ OIRECTOR OF PLANNING June 1, 1993 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Friemann, Sanford & Elizabeth Pennacchia, Et~ore/Touch of Venice Restaurant 4165 4167 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri chard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 P~Lrsuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cumdssion: Variance from the Zoning Code, Article XlV , Section lO0-101C(3) __Variance from Determination of Southold Town Building Inspector Special Exception, Article · Section __Special Permit Appeal No: 4167 Applicant: Ettore Pennacchia/Touch.of Venice Restaurant Location of Affected Land: CR 48 and Lipco Road, Mattituck, NY County Tax Map Item No.: lO00-141-3-18 Within 500 feet of: __'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to locate an off-premises directional sign on property owned by Ester DiGioia' in the Light Industrial Zone District Copies of Town file and related documents enclosed for your review. Dated: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 25, 1993 SCOTT L. HARRIS Supervisor ~lbwn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Ettore Pennacchia Touch of Venice Restaurant P.O. Box 1623 Mattituck, NY 11952 Re: Appl. No. 4167 - Directional Sign for Restaurant Dear Mr. Pennacchia: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our May 20, 1993 Regular Meeting. Please be sure to return to the N.Y.S. Department of Transportation, the Town Building Department and any other agency which may have jurisdiction in this project for issuance of all permit(s) or other approvals deemed necessary for the placement of this directional sign. We have furnished copies of this approval to the Building Department for their update and permanent recordkeeping concerning its issuance of a Notice of Disapproval, as well as a copy to the Suffolk County Department of Planning in accordance with the rules set forth in the Administrative Code for projects located within 500 feet of waterways, and state or county properties. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning APPEAI~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Copies of Legal Notice BOARD OF APPEALS TOVFN OF SOUTHOLD to the following 5/4/93: Mr. and Mrs. Sandy Friemann P.O. Box 968 Cutchogue, NY 11935 Mr. Kenneth Tedaldi P.O. Box 815 Quogue, NY 11959 (Re: Cliffside) Rudolph H. Bruer, Esq. P.O. Box 1466 Southold, NY 11971-1466 Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southeld, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Ettore Pennacchia P.O. Box 1623 Mattituck, NY 11952 (Re: Arcus) (Re: Cliffside) 11978 (Re: Touch of Venice) (Hand Delivered to): Official Newspaper L.I. Traveler-Watchman, Inc. Traveler Street Southold, NY 11971 Copies to Board Chairman and Members, with copies of file contents as of 5/4/93. Original Legal Notice posted on Town Clerk Bulletin Board 5/4/93. Copies 5/4/93 to: Building Department Planning Board Office Town Attorney APPEALS BOARD MEMBERS G,erard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN ~)F SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 3, 1993 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4167 Project Name:Ettore Pennacchia/T0uch of Venice County Tax Map No. 1000-]4]'3-18 (Ester DiGi0ia, owner) Location of Project: CR 48 and Lipc0 Rd., Mattituck, NY Restaurant Relief Requested/Jurisdiction Before This Board in this Pro~ect: Permission to locate an off-premises directional sign on property ownedT~[s Ester DiGioia 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating tha% no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {~} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk May 3, 1993 Zoning Appeal No. 4167 - Ettore Pennacchia Transmitted herewith is Zoning Appeal No. 4167 of Ettore Pennacchia for a variance. Also included is Notice of Disapproval, dated October 9, 1992; Agreement of consent to erect and maintain an advertising sign between applicant and Esther Digioia (property owner); Short Environmental Assessment Form; Notice to Adjacent Property Owners; and plans. Judith T. Terry Southold Town Clerk AGREEMENT OF coNSENT TO ~R£CT AND MAINTAIN AN AD%~ERTTSTNG Addr~ City State Zip Telephone ( ~/~ ) Area Code COUNTY ~z/~ cc/~-- SI~Z OWNER Name Addres~ St~e Zi~ Telephone ( ~ ) ~ ~ ~4 ~ ~ea Code Side of Highway N ~ E W between Milepost (title one) + ~eet measured ~romMilepost - ~CT ~ The undersigned Site O~ner hereby con~ents to the erection maintenance c~ an advertiaing sign at the a~orementioned location. ~hich is on property t~t I (o~ux) (lea~e). (Circle the appropriate reSponse.) It u~urmanc~ w~:n secr~on~ ~ and 88 o{' ~he New York Highway Law and Par~ 350 of Title L? ~ "~he O~icial C~ilation o~ Codes, Rules and Regula:ion~ ~?:~e. S~a:e ~ ~e, York. which regulate outdoor advertising along ~ucer~ate and ~:imary RouteS. Further, s~id Site O~n&r understaada that the State o~ Ne. York, its agen~ anc~ ~10~, b~ ~a~ have the right to ~ter on ~e ~ove re~t~ . ~ ~ ~ ~de~stood ~t ~s Ag=e~ent shall in no way Sit~ Owner APPLICATION FO~. A~R~M£NT OF CONSENT TO T~.ECT. AND MAINTAIN AN ADVERTISING SITE O~NER Name Addr~s ~ ~ta~e Zip ~ea Code SIGN~OCATION LOT /~ Side o~ Highway N ~ E W between Hilepost (CiFcle one) · " + ~eet measured ~rom ~]epos~ ,, · The undersigned SAte Owner hereby consen=s to the erection and maintenance af ~z adver~/sing sign a~ the a~orementioned location, ~hich is ~ ~ ~~, ~ ~a~' nave ~e ~t ~a ~e= ~ ~e ~ove =e~ ]:t!~ i~ fu~tl.z, er unde~too~ that this &g~eement sh~t[ cans~ttute a ~ve~r of: ~ la~ cl~ ~t ~e S~Ce. IN LI~ OF ~IS CO~S~T A COPY 0F THE L~SE ~y APPLICATION FO~. 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by A001icant or Project sponsor) APPMCANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOC, AT]ON: 4. PRECISE LOCATION (SIt~! a~{]ress anti roaci intersecltofls, prominent lan¢tmarl{~ etc.. or provide magi SEQR 5. IS PROPOSED ACTION: ~-~ Exaansien [] Mo~lficatlonlalteratlon 6. DESCRIBE PROJECT BRIEFLY: I 7. AMOUNT OF ~ND A~FEGTED: WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER E.X ST NG LAND USE RESTRICTIONS? [] Pari(/Forest/ODen space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAl_ OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERA[_ STATE OR LOCAL)? Yes ~ if yes, iisi agency(si aha perm~t~aoprovals 11. COES ANY ASPECT OF THE ACT!,~N RAVE A CURRENTLY VAt JO PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFOflMAT~UE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, complete tJ~e Coastal Assessment Fo~m before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act reouires submission of this form, and an environmental review will be m~de by tb~s ~oard before any action is taken. I~NSTRUCTIONS: -- (a) In order to answer the questions in this short EAF it is assumed that the prepare.r will use currently available information concerning the project and the likely impacts Of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the : project is not significant. i$. ~reparer,s Signature: ZRe~Dre~entinq: (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? l. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on an existing body Of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? ~N Yes o 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas k~own to be important to the community? . Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologica~ importance or any site designated as a critical envirc~mental area by a local agency? .~Yes ~o 10. Will project have a m~jor effect on existing or future recreational opportunities? _ Yes .VNo 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? _~Yes ~o 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes 13. Will project have any impact on public health 14. Will project affect the existing community by directly CaUsing a growth in permanent popula- tion of more than § percent OVer a one-year Yes period or have a major negative effect on the ~ ch~ract~ of the community or neighborhood? Is there public project? controvcrsy concerning the PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 .~!. ~ SCOWl' L. HARRIS Supervisor '~-~z,z~ Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Richard G. Ward, Chairman R~,~J/g.~ DATE: May 19, 1993 Fax (516) 765-1823 RE: Request for variance for off-premises directional sign Ettore Pennacchia and Touch of Venice Restaurant, Wickham Avenue Mattituck SCTM# 1000-141-3-18 The following comments are in reference to the above request for an off-premises directional sign variance. The Planning Board recommends that off-premises directional signs be small, standardized, and directional only, thus we do not approve of the advertisement in the sign as shown in the sketch. The sign submitted is more typical of an "on-site" type sign. The Board is recommending that the Town cooperate with the . Stewardship Task Force in developing uniform standards for directional signs; possibly provided by the Town, upon Town approval and a fee to the applicant. The Board is also aware that this restaurant may already have a tent directional sign. A-C R -80 MATTITUCK R-80 LIO R-~O A-C R-8D GREAT pECONI¢ JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516 - 765 -1801 RECEIVED OF: ~ RECEIPT 0 4 6 7 2 2 DATE [] CASH BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board nf Appeals of the Town of Southold to request a ~) (Special Exception] (Special Permit] (Other) [circle choice] 2. l'hat the property which is thc subject of thc Petition is located adiacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petitio~ is located in the following zoning district: 4 That b~, such Petition, the undersigned will request the following relief: · 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought b~, the under- signed are /L:CLcle "/( / L'/ Section / o o -} '4 1 - C ~, ; ~ L ~ - / c, / C~? ) . [ ] Section 280-A, New York Town Law for approval of/access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n~wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' Petitioner Owners ' Names: Post (~fice Address -- Te ]. No. [Copy of sketch or plan purposes.] showing proposal to be attached for convenience NAME PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS m L66L aunt '008~ uJJo~ Scl · E L66L aunt '008~: ~uJo:t STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~./~/~,~/.. /~,/~ .... ~ , being duly sworn, deposes~and says that on the of ~/;:~ y/ ' 1 9 ~.~ , deponent mailed a true copy of the Notice set forth on the re- verse side here/of, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of Southold; that said Notices were mailed at the United States Post Of- Sworn to before me this ~:7'/L~-~'2 day of ~/// 19 ~ Notary Public ; that §aid Notices were mailed to each of said persons by (This side does not have property ownerS.) to be complet'ed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town nf Soulhold TO: NOTICE TO ADJACENT / PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta~) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. Thal the properly which is the subject of such Petitio~n is located in the following zoning district: 4 Thai h'~ sucb Pelilion, the undersigned will request the following relief: $. Thai the provisions of the Sou£hold Town Zoning Code applicable to the relief sought by the under- signe~ are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the dale hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road 5outhold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n~wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners ' Names: Post O,~fice Address -- Tel. No. [Copy of sketch or plan purposes.] Showing proposal to be attached for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ .~ . being duly sworn, deposes and says that on the ~ ~ day of ~.],,fi~o~,ix4' -~mllJlJJlii~:. 19 q ~-~ , deponen! mailed a true copy of the Notice set forth on the re- verse side hereol~, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- (registered) re.ail. Sworn to be~-~this ~ ROBERT L SlmTT, . NOTARY PUBLIC, ~ d ~T. ~ 472~9, ~ ~, ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.)