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Home My WebLink AboutZBA-12/07/1989 SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE I516) 765-1809 FAX No. (516) 765-1823 MINUTES SPECIAL MEETING THURSDAY r DECEMBER 7 ~ 1989 A Special Meeting was held by the Southold Town Board of Appeals on THURSDAY, DECEMBER 7, 1989 commencing at 7:30 o'clock p.m. at the Southold Town Hall, Z.B.A. Office, Main Road, Southold, New York. Present were: Gerald P. Goehringer, Chairman; Member Charles Grigonis, Jr; Member James Dinizio, Jr; Member Joseph Sawicki; also present was Doreen Ferwerda, Secretary (Absent: Member Serge Doyen, Fishers Island). The Chairman opened the meeting at 7:30 p.m. and proceeded with the first items on the agenda, and the following action was taken: I. DECISION/DELIBERATIONS On motion by Mr. Dinizio, Seconded by Mr. Goehringer, it was: RESOLVED, to GRANT as applied, the Appl. No. 3878 - Robert Potdevin, SUBJECT TO THE FOLLOWING CONDITIONS: ~at the Deck and addition be no closer than 18 ft. from the West side yard, 2. That the Deck from the closest point be no closer than 70+- ft. from the On motion by Mr. Goehringer, Seconded by Mr. RESOLVED to GRANT as applied, the Appl. No. Dewar, SUBJECT TOT HE FOLLOWING CONDITIONS: 1. That the Deck remain unroofed. Grigonis, it was: 3876 - John Page 2 - MINUTES Special Meeting - December 7, 1989 I. DECISIONS/DELIBERATIONS, cont. On motion by Mr. Grigonis, Seconded by Mr. Goehringer, it was: RESOLVED, to GRANT as applied, the Appi. No. 3883 - Best/Syverson, SUBJECT TO THE FOLLOWING CONDITIONS: That the total square footage not exceed 640 sq. ft. 1280 sq. ft. inclusive to the existing structu=e. II. SCHEDULING OF HEARINGS: On motion by Mr. Goehringer, Seconded by Mro Dinizio, it was: RESOLVED, to schedule and advertise the following matters for a Regular Meeting on December 19, 1989, in regarding the following appeals: Appeal No. 3870 - Matthew Cusumano Appeal No. 3868 - Nicholas Nickolaus Appeal No. 3881 - Warren Augenthaler Appeal No. 3893 - Michael and Claire Glew Appeal No. 3873 V~nko Naletitic Appeal No. 3879 - Charles Malone Appeal No. 3886 - Robert Staples Appeal No. 3894 - Joseph and Lawrence Pearlstein Appeal No. 3892 - Anthony Bollentino Appeal No. 3888 - Ernest Tarmin Appeal No. 3887 - Mark and Ellie Gordon Appeal No. 3891 - Elizabeth Johnston Appeal No. 3884 - Dickinson/Thompson Appeal No. 3889 Timothy and George Wells Appeal No. 3890 Walter GlaSser Appeal No. 3882 Bidwell Wineries Appeal No. 3896 - Jerry Gambone and Kcs Zapkus Appeal No. 3872 Compass Transports. Resolution to conclude hearing in its entirety. Appeal No. 3770 Port of Egypt. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. Respectfully submitted, Doreen Ferwerda Southold Town Board of Appeals ( Southold MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON1S. JR. SERGE DOYEN~ JR. JOSEPH H. SAWlCKI JAMES DINIZIO. JR. WAIVER OF NOTICE OF SPECIAL MEETING SOUTHOLD, L.I.,+N,Y. 11971 TELEPHONE (516) 765-t809 FAX NC,. (516) 765-1823 WE, the undersigned, being Me~ers of the Southold Town Board of Appeals, Suffolk County, New York, do hereby several~ waive Notice of the the, place and purpose of the Special Meeting of this Board to be held at the Southold Town Hall, Main Road, Southold, New York on Thursday, Dece~er 7, 1989 at 7:30 p.m., and do here~ consent that the s~e be held on said date for the transaction of those business items properly coming before the Board at said meeting. Dated: Dece~er 7, 1989. ~-~' ~- . GERARD P. GOEH~NG~R, CHAI~ '~LES GRIGONI~,-JR.~MEMB~ - SERGE J~OYEN, ME~ER df JOSEPH H. SAWICKI, MEMBER / APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKt JAMES DINIZl0, .JR. MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., ~N.Y.* 11971 TELEPHONE (516} 765-1809 FAX No. {516) 765-1823 AGENDA SPECIAL MEETING THURSDAY, DECEMBER 7, 1989 7:30 Meeting to order. I. DELIBERATIONS/DECISIONS: A. Appl. No. 3876 - JOHN P. DEWAR. Variance to the Zoning Ordinance, for approval to construct an attached deck, proposed construction will have insufficient front yard setbacks in this R-40 Zone District, Article XXIV, Section 100-244. Property Location 4420 Oaklawn Avenue, Southold, County Tax Map No. 1000, Section 70, Block 9, Lot 46. B. Appl. No. 3878 - ROBERT POTDEVIN. Variance to the Zoning Ordinance, for pezmission to construct an addition to existing one family dwelling, proposed construction will have insufficient side yard setbacks and is within 75 ft. from the bulkhead, Article III A, Section 100-30 A.3, (Article XXIII, Section 100-239d (B). Property Location: 4250 Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 128, Block 4, Lot 23. C. Appl. No. 3883 - BEST ANDSYVERSON. Variance-to the Zoning Ordinance, for permission to construct alterations, additions and conversion to year round use to existing dwelling, proposed construction will have non-conforming uses ih thisR-40 Zone District, Article XXIV, ~Section 100-241 A. Property Location: 420 Private Road %17 off Camp Mineola Road, Mattituck, County Tax Map No~ 1000, Section 123, Block 6, Lot 17. Page 2 - Agenda Southold Town Board of Appeals December 7, 1989 Special Hearing II. Resolution confirming the following Hearings at following Hearing calendar (expected end of December) A. Appl. No. 3870 - MATTHEW CUSUMANO. Variance for permission to construct deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. 435 Briarwood Lane, Cutchogue, t000~136-01-01. B. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance for permission to construct addition to existing one family dwelling and accessory building within 100 ft. from Sound (in this R-80 Zone District. 17555 Soundview Avenue~ Southold, 1000-51-1-2. C. Appl. No. 3881 - WARREN AUGENTHALER. Variance for permission to construct accessory building in frontyard area. 7225 Nassau Point Road, CutchogUe, 1000-111-15-12. D. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance for 280-A approval of Access of Right-of-Way. 61339 Main Road, Southold, 1000-56-1-41. E. Appl. No. 3873 VINKO NALETILIC. Variance for permission to construct a deck addition, construction exceeds permitted lot coverage. 780 Orchard Street and 1300-2nd Street New Suffolk, 1000-117-7-22. F. Appl. No. 3879 CHARLES MALONE. Variance for permission to construct a 6 ft. fence in frontyard area, fence exceeds 4 ft. in height. 358 North Sea Drive, Southold, 1000-54-5-19. G. Appl. No. 3886 - ROBERT STAPLES. Variance for permission to construct a new dwelling adjacent to freshwater wetlands, proposed dwelling will be closer than 75 ft. from freshwater wetland. 785 Wilmarth Avenue, Greenport, 1000-41-1-7. H. Appl. No. 3894- JOSEPH AND LAWRENCE PEARLSTEIN. Variance for permission to constructdeckaddition with insuf~ficient front yard setback. 2225 North Sea Drive, Southold, 1000-54-04-23. ~ I. Appl..No. 3892 - ANTHONY BOLLENTINO. Variance for permission to construct an accessory shed and gazebo in front yard area. t6705 Main Road, Route 25, East Marion, 1000-23-1-14.6. Page 3 - Agenda Southold Town Board-of Appeals December 7, 1989 Special Meeting J. Appl. No. 3888 - ERNEST TARMIN~ Variance for permission to construct Accessories; pool, tennis court and shed in front yard area. 29823 Row off Main Road, Orient, 1000-14-2-1.10. K. Appl. No. 3887 - MARR AND ELLIE GORDON. Variance for permission to construct a tennis court in frontyard area. 1019 Private Road ~7 Fords Road, Southold.. 1000-87-1-18.4. L. Appl. NO. 3891 - ELIZABETH JO~STON. Variance for permission to construct a lap pool, accessory pools not permitted in frontyard area. Row off Oregon Road, Cutchogue, 1000-073-02-01. M. Appt. No. 3884 - DICKINSON/THOMPSON. _Variance for approval of insufficient are in this pending division of land and bulk and parking regulations. Main Bayview Road, Southold, 1000-078-09-30. N. Appl. No. 3889 - TIMOTHY AND GEORGE WELLS. Variance for Bulk and Parking Regulations, for approval of insufficient area in this pending division of land. t000-075-~7-1.3, 1.4, 1.5. O. Appl. No. 3890 - WALTER GLASSER. Special Exception for permission for change of use from Place of Worship to Office/ Apartment. 475 Beckwith Avenue, Southold, 1000-061-1-25o P. Appl. No. 3882 - BIDWELL WINERIES. Special Exception for approval of consumer tasting and retail sales from the winery. Route 48, Cutchogue, 1000-96-4-4.3. Q. Appl. No. 3896 - JERRY GAMBONE AND KES ZAPKUS. Special Exception for permission to have office/Retail business R. Appl. No. 3872 - COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. S. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed .on November 8, 1989. % III. CODE COMMITTEE: Updates for the Board for this week's special meetings. NEXT CODE COMMITTEE MEETING DATE: December 13, 1989 at 7:30 p.mt MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE [5~6} 765-1809 FAX No. (5161 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO. JR. APTION O? THE BOARD OF APPEALS No. 3876 Matter of JOHN DEWAR. Variance to the Zoning Ordinance, for approval to construct an attached deck, proposed construction will have insufficient front yard setbacks in this R-40 Zone District, Article XXIV, Section 100-244, Property Location: 4420 Oaklawn Avenue, $outhold, County Tax Map No. 1000, Section 7, Block 9, Lot 46. WHEREAS, a public hearing was held and concluded on November 8, 1989 in the matter of the Application of JOHN DEWAR, Under Appeal No. 3876; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. The premises in question is located along the west side of Oaklawn Avenue, Town of Southold, and is identified on the Suffolk county Tax Maps as District 1000, Section 70 Block, 9, Lot 46. 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244, for permission to construct an attached deck, proposed construction will have insufficient front yard setbacks. Page 2 - Appt. No. 3876 Mat~er of JOHN DEWAR Decision rendered on December 7~ 1989 3. Article XXIV, Section 100-244, A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the chanqes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk Co~nt¥ o~ by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a cectification that no contiguous property was owned by an owner ~ uf the ?~operty involved since the date of any previously npplicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows. 4. In considering this application, the board finds and determines: (~) hhat the circumstances of this application are uniquely related to the premises and its established nonconformities; {b) that 'there is no other method for appellants to pursue; and placing the proposed deck in any other location on the premises will require other variance relief; (c) that the area chosen for the deck is not unreasonably located: (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e% that in carefully considering the record and all the above factors, the interests of justice will be served by 9ranting the variance~ as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Grigonis, it was ~age 3 - Appl. No. 3876 Matter of JOHN DEWAR Decision rendered on December 7, 1989 RESOLVED, to GRANT a Variance in the matter of the application of JOHN DEWAR as applied under Appeal No. 3876 for placement of a deck, SUBJECT TO THE FOLLOWING CONDITIONS: That the deck remained unroofed. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio (Absent Joseph Sawicki and Serge Doyen, Fishers Island). df //G.~RARD P.-GOE~RING~E~, CHAIRMAN thold To Boa d of Appeals ~':':!~;~"~%'~X~(y MAIN ROAD- STATE ROAD 25 P.O. BOX 1179 souTHOLB, L~I;, N.y. 11971 ~ TELE~ONE (516] 76~18~ FAX Ne. (516) 76~1823 ~EALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIG~NIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI · - JAMES DINIZlO, JR. ACTION OFT HE BOARD OF APPEALS Appl. No. ~3878 Matter of ROBERT POTDEVIN. Variance to the zoning Ordinance, Article III A, Section 100-30 A.3, (Article XXIII, Section 100-239d (B). for pezmission to construct an addition to existing one family dwelling, proposed construction will have insufficient side yard setbacks and is within. 75 ft from the bulkhead. Property Location: 4250 Peconic Bay Boulevard, Laurel, County Tax Map No. 10~0, Section 128, Block 4; Lot 23. WHEREAS, a public hearing was held and concluded on November 8, 1989 in the matter of the Application of ROBERT POTDEVIN, under Appeal No. 3878; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and wHEREAS, the BoardMembers 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. The premises in question is located along the south of Great PeconicBay Boulevard, Town of Laurel, and is identified on the Suffolk County Tax Maps as District 100'0, Section 128, Block 4, Lot 23. 2. This is an application for Variances. from the Zoning Code Article III A, Section 100-30 A.3, (Article XXIII, Section 100-239d (B), 'for permissi°n to construct addition to one family dwelling, proposed construction will have insufficient side yard setbacks and is within 75 ft. from the bulkhead. Page 2 - Appl. No. 3878 Matter of ROBERT POTDEVIN Decision rendered on December 7, 1989 3. Article III A, Section 100-30 Ao3, No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such ~egulations were set forth herein in full. Article XXIII, Section 100-239d (B), Ail buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (~5) feet from the bulkhead. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; ' (b) that there is no other method for appellants to pursue; and placing the proposed addition inany other location on the premises will require other variance relief; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will.be served by granting the Variance, as applied conditionallynoted, that the addition to the dwelling be no closer than 18ft. to the west property line, so as to provide emergency fire access and alternate access to rear'yard of premises. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was Page 3 - Appl. No. 3878 Matter of ROBERT POTDEVIN Decision rendered December 7, 1989 RESOLVED, to GRANT a Variance in the matter of the application of ROBERT POTDEVIN as applied under Appeal No. 3878 for placement of a addition, SUBJECT TO THE FOLLOWING CONDITIONS: That the deck be no closer than 18 ft. from the West side yar~. That the addition from the closest point be no closer than 70+- ft. from the bulkhead. vote of and Dinizio Island). the Board: Ayes: Messrs. Goehringer, Grigonis, [Absent Joseph Sawicki and Serge Doyen, Fishers df GERARD P. GOEHRING~HAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWlCK! JAMES DINIZI0, JR. $outhold Town Board of A eals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (5161 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3883 Matter of ADLYN SYVERSON AND MARGARET BEST, Variance to th~ Zoning Ordinance Article XXIV, Section 100-241 A, for permission to construct alterations additions and conversion to year round use to existing dwelling, proposed construction will have non-conforming uses in this R-40 Zone District. Property Location: 420 Private Road ~17 off of Camp Mineola Road, Mattituck, County Tax Map No. 1000, Section 123, Block 6, Lot 17. WHEREAS, a public hearing was held and concluded on November 8, 1989 in the matter of the Application of BEST/SYVERSON, under Appeal No 3883; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. The premises in question is located along the south side of Park Avenue, Town of Laurel, and is identified on the Suffolk County Tax Maps as District 1000, Section 128 Block 4, Lot 23. ' 2. This is an application for Variances from'the Zoning Code, Article XXIV, Section 100-241 A, for permission to construct alterations and additions, proposed construction will have non-conforming uses. Page 2- Appl. No. 3883 Matter of BEST/SYVERSON Decision rendered December 7, 1989 3. Article XXIV, Section 100-241 A, Except as provided herinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or riqht thereof, may be continued indefinitely, except that ~uch building or use: A. Shall no~ be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of suck use be increased by any means whatsoever. 4. In considering this application, the board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; {b) that there is no other method for appellants to pursue; and placing the proposed addition in any other location on the premises will require other variance relief; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors , the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, Seconded by Mr. Goehringer, it was Page 3 - Appl. No. 3883 Matter of BEST/SYVERSON Decision rendered December 7, 1989 RESOLVED, to GRANT a Variance in the matter of the application of ADYLN SYVERSON AND MARGARET BEST as applied under Appeal No. 3883, SUBJECT TO THE FOLLOWING CONDITIONS: That the total square footage not exceed 640 sq. ft., 1280 sq. ft. inclusive to the exisiti~g structure. Vots of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio (Absent Jospeh Sawicki, Serge Doyen, Fishers Island). This resolution was duly adopted. df GERARD P. GOEHRINGER~/'CHAIRbIAN / Southold Town Board of Appeals SPECIAL. ME~TI~G: December 7, 1989 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary RECEIVED AND FILED BY ~ SOUTHOLD TOWBL CLERK DATE HOUR~ ] '.~D,q ~, Town Clerk, Town of Southold