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HomeMy WebLinkAboutZBA-01/09/1990 SPEC APPEALS BOARD MEMBERS GERARD P.. GOEHRINGER, CHAIRMAN CHARLES GRIGON1 S, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO. JR. South°Id Town MAIN RnAD-STATE RnAD MINUTES SPECIkL MEETING TUESDAY ~ JANUARY 9, 1990 $OUTHrlLD, L.l., N.Y; llg?l TELEPHONE (516) 765-1809 A Special Meeting was held by the Southold Town Board of Appeals on TUESDAY, JANUARY 9, 1990 commencing at 7:30 o'clock p.m. at the Southold Town Hall, Z.B.A. Office, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Member Charles Grigonis, Jr; Member James Dinizio, Jr; Member Serge Doyen; also present was Doreen Fe~rwerda, Secretary (Absent: Member Joseph Sawicki). 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. Goehringer, Seconded by Mr. Dinizio it was: RESOLVED, to GRANT as applied, the Appl. No. 3868 - Nicholas Nickolaus, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Cabana only be used for storage purposes On motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was: RESOLVED, to GRANT as applied, the Appl. No. 3881 - Warren Augenthaler, SUBJECT TO THE FOLLOWING CONDITIONS: That the accessory building be 170+- ft. from Nassau Point Road. That it be no closer than 5+- ft. from the South property line. That the 8 by 10 ft~ shed only be used for storage purposes. Page 2 - MINUTES Special Meeting - January 9, 1990 I. DECISION/DELIBERATIONS cont. On motion by Mr. Goehringer, Seconded by Mr. Dinizio, it was: RESOLVED, to GRANT as applied, the Appl. No. 3893 - Michael and Claire Glew, SUBJECT TO THE FOLLOWING CONDITIONS: That the Road width widen to 12 ft., north of railroad crossing for a distance of approximately 680+- ft., to beginning of subject property .... Grade road at R.R. crossing with additional fill to provide grades not more than 8% with 1 on 4 side slopes. Use material containing 15% or more of small gravel, sand and 15% or more of loam. Place a 2" compacted surface of 3/4" stone blend on the 12 ft. width. Last 250+- ft. (12 ft. width): Do any necessary clearing to provide 3 ft. of clearance on sides of road. A profile should be submitted indicatinq how this 250 ft. length road will meet the present road as updated. Remove topsoil for 12". Replace with compacted material same as shown at 2. Note: The profile will indicate depth of replaced material which should not be less than 6". The purpose and cause of this enhanced 280-A approval is to maintain access of proposed 94,829 sq. ft. lot of a minor subdivision, therefore~ improvements are to be made only to beginning of this lot. (shown as lot $2 on minor subdivision lot Dated: 1/26/89 by R. Van Tuyle), remaining improvements are contained in Appeal No. 3605, Ted Dowd, rendered on July 16, 1987. That final approval for theroad shall be inspected by Board of Appeals. Page 3 MINUTES Special Meeting - January 9, 1990 I. DECISIONS/DELIBERATIONS cont. On motion by Mr. Grigonis, Seconded by Mr. Goehringer, it was: RESOLVED, to GRANT' as applied, the Appl. No. 3873 - Vinko Naletilic, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck be opened and unroofed. 2. That there be no be no further building expansion of this premises. Appl. No. 3894 - Joseph and Lawrence Pearlstein, request from the Board regarding concerns of survey, does not indicate how wide the deck will be or how close it will be from North Sea Drive. On motion by Mr. Goehringer, Seconded by Mr. Dinizio, it was: RESOLVED, to GRANT as applied, the Appl. No. 3892 - Anthony Bolletino, SUBJECT TO THE FOLLOWING CONDITIONS: That the 8 by 10 ft. shed will be 36+- ft. from the west property line. That the 8 by 10 ft. shed will be 220+- ft. from the Main Road and be only used for storage purposes. That the Gazebo be 50+- ft. from the east property line. 4. That the swimming pool be 130+- ft. from Main Road. On Motion by Mr. Grigonis, Seconded by Mr. Doyen, it was: RESOLVED, to GRANT as applied, Appl. No. 3888 - Ernesu Tarmin, SUBJECT TO THE FOLLOWING CONDITIONS: e That the 20 by 20 ft. shed be 53+- ft. from the west property line and 700+- ft. from the right of way That the shed only be used for storage purposes, not for sleeping quarters. That the 20 by 40 ft. pool be 48+- feet from the east property line, 45+- ft. from the West property line, and 840+- ft. from the right of way; to remain unroofed. Page 4 - MI~JTES Special Meeting - January 9, 1990 DECISIONS/DELIBERATIONS cont. Appl. No. 3888 - Ernesn Tarmin, continued That the pool meet all state building code regarding 4 ft. fence requirement. That the tennis court 60 by 120 ft., be 40+- ft. from the west property line, 48+- ft from the eas~ property line and 580+- ft. from the right of way. That the tennis court have no lighting and the fence not-to exceed 10 ft. in height. On motion by Mr. Grigonis, Seconded by Mr. Goehringer, it was: RESOLVED, to GRANT as applied, the Appl. No. 3887 - Mark and Ellie Gordon, SUBJECT TO THE FOLLOWING CONDITIONS: That the tennis court be moved 5 ft. further east (more center of lot). That the tennis court be 30+- ft. from the west property line and 100+- ft. from north property line. That the tennis court remain unlit and fence not exceed 10 ft. in height. On motion by Mr. Goehringer, Seconded by Mr. Dinizio, it was: RESOLVED, to GRANT as applied, the Appl. No. 3891 - Elizabeth Johnston, SUBJECT TO THE FOLLOWING CONDITIONS: was: That the 12 by 45 ft. lap pool be 27+- ft. from the south property line and 10+- ft. from the east property line. 2. That the lap pool remain unroofed. On motion by Mr. Goehringer, Seconded by Mr. Dinizio, it RESOLVED, to GRANT as applied, the Appl. No. 3884 - Dickinson/Thompson. On motion by 'Mr. Dinizio, Seconded by Mr. Grigonis, it was: RESOLVED, to GRANT as applied, the Appt. No. 3889 - TimQthy and George Wells. Page 5 - MINUTES Special Meeting - January 9, li990 1. DECISIONS/DELIBERATIONS On motion by Mr. Grigonis, Seconded by Mr. Doyen, it was: RESOLVED, to Grant as applied, the Appl. No. 3890 - Walter Glasser, SUBJECT TO THE FOIJ.OWING CONDITIONS: That there be one on site parking space, exiting and entrancing Beckwith Avenue (if possible). On motion by Mr. Dinizio, Seconded by Mr. Goehringer, it was: RESOLVED, to GRANT as applied, the Appl. No. 3B96 - Jerry Gambone and Zes Kapkus, SUBJECT TO THE FOLLOWING CONDITIONS: That there only be Cooking facilities for one apartment. On motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was: RESOLVED, to GRANT as applied, the Appl. No. 3872 - Compass Transports, SUBJECT TO THE FOLLOWING CONDITIONS: That there be no more than 400 sq. ft. in dining area, exclusive. 2. That the parking lot support 4 vehicles on site. That the applicant have 12 stools or chairs in dining area. Respectfully submitted, // Appr~ed 2/! ~0 / Doreen Ferwerda Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (5161 765-1823 WAIVER OF NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Southold Town Board of Appeals, Suffolk County, New York, do hereby severally waive Notice of the time, place and purpose of the Special Meeting of this Board to be held at the Southold Town Hall, Main Road, Southold, New York on Tuesday, January 9, 1990 at 7:30 p.m., and do hereby consent ~hat the same be held on said date for the transaction of those business items properly coming before the Board at said meeting. Dated: January 9, 1990. /f~~/~ ....-' 9~, ,..~W~ P.~-o~ ~ARLES GR~G~ ~./ SERGE ~ ~ :N, MEMBER df J~YE~s~iEPH H. SAW~CK.I, MEMBER ~, , / .,~ SoUthold To Board ~.~~,~)"~C',~Y.~:~/.~ '~:~ MAIN ROAD- STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., 'N.Y. ~ TELEPHONE {516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. AGENDA SPECIAL MEETING TUESDAY, JANUARY 9, 1990 7:30 Meeting to order. I. DELIBERATIONS/DECISIONS: A. 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 $oundview Avenue, Southold 1000-51-1-2. · B. Appl. No. 3881 - WARREN AUGENTHALER. Variance for permission to construct accessory building in frontyard area. 7225 Nassau Point Road, Cutchogue, 1000-1.11-15-12. C. 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. D. 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. E. Appl. No. 3886 - ROBERT STAPLES. Variance for permission to construc~ 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. Page 2 - Agenda Southold Town Board of Appeals January 9, 1990 Special Meeting F. Appl. No. 3894 JOSEPH AND LAWRENCE PEARLSTEIN. Variance for permission to construct deck addition with insufficient fron~ yard setback. 2225 North Sea Drive, Southold, 1000-54-04-23. G. Appl. No. 3892 - ANTHONY BOLLENTINO. Variance for permission 'to construct an accessory shed and gazebo in front yard area. 16705 Main Road, Route 25 East Marion, i000-23-1-14.6. ' H. Appl. No. 3888 - ERNEST TARMIN. Variance for permission to construct Accessories; pool, tennis court and shed in fronE yard area. 29823 Row off Main Road, Orient 1000-14-2-1.10. ' H. Appl. No. 3887 - MARK AND ELLIE GORDON. Variance for pe£mission to construct a tennis court in frontyard area. 1019 Private Road ~7 Fords Road, Southold, 1000-87-1-18.4. I. Appl. No. 3891 - ELIZABETH JOHNSTON. Variance for permission to construct a lap pool, accessory pools not permitted in frontyard area. Row off Oregon Road, Cutchogue, 1000-073-02-01. J. Appl. No. 3884 - DICKINSON/THOMPSON. Variance for approval of insufficient area in this pending division of land and bulk and parking regulations. Main Bayview Road Southold 1000-078-09-30. ' ' J. Appl. No. 3889 - TIMOTHY AND GEORGE WELLS. Variance for Bulk and Parking Regulations, for approval of insufficient area in this pending division of land. 1000-075-07-1.3, 1.4, 1.5. K. Appl. No. 3890 - WALTER GLASSER. Special Exception roi permission for change of use from Place of Worship to Office/ Apartment. 475 Beckwith Avenue, Southold, 1000-061-1-25. L. Q. Appl. No. 3896 - JERRY GAMBONE AND KES ZAPKUS. Special Exception for permission to have office/Retail business M. Appl. No. 3872 - COMPASS TRANSPORTS. Variance for approval of site plan before a Certificate of Occupancy or building permits can be issued in this Hamlet Business Zoning District (HB). Property Location: 175 Boissea Avenue, Southold, County Tax Map No. 1000, Section 062, Block 01, Lot 16. Page 3 - Agenda Town Board of Appeals Special Meeting - January 9, 1990 II. APPLICATION REVIEWS: III. Matters ready for next Hearings Calendar: 1. Appl. No. 3895 - ROBERT AND ETHELLE SCHROEDER 2. Appl. No. 3897 - PARKER J. WICKHAM 3. Appl. No. 3898 - PECONIC BAY VINEYARDS 4. Appl. No. 3899 - AGNES AND CHERYL PAGNOZZI 5. Appl. No. 3900 - GERHARD SCHREMMER 6. Appl. No. 3901 THOMAS ESCPIMANN 7. ApD1. No. 3902 - HENRY HUNSTEIN Appl. No. 3903 - LINDA DAMBASSIS MISCELLANEOUS A. LEGISLATIVE COMMITTEE: Updates for the Board of this week's special meetings. NEXT LEGILATIVE COMMITTEE MEETING DATE: ~ B. Possible Next Regular Meeting Thursday, February 1, 1990. (Meeting Hall Reservation approved) ~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. ACTION OF THEBOARDOF APPEALS Appl. NO. 3868 SQUTHCiLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Matter of NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d a., as disapproved for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of Sound in this R-80.Zone District. Property Location: 17555 Sound~iew Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. WHEREAS, a publichearing was held and. concluded on December 19, 1989 in the matter of the Application of NICHOLAS NICKOLAUS, under Appeal No. 3868; and WHEREAS, at said.hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board M~mbers have personally viewed and are familiar with the premises in question, its present z~ning, andthe surrounding.areas; and WHEREAS, the Boar~ made the following findings of fact: 1. The side of ,~ and'is identified on the Suffolk County , Section51, 2. -This is an Code Artic construct ~ Sound. ' dwell the Zoning feet 3~ Article XXIII, section 100-239d (A) (1), requires all buildings located on lots adjacent to Long .Island Sound and upon which there exists a landward beach shall~b~ one hundred ( ft. from the top of such bluff or bank. Page 2 -~ Appi. No. 3868 _Matter of NICHOLAS NICKOLAUS Decision rendered January 9, 1990 A. The subject premises for the proposed cabana isknown and referred~to as being 12' by 12', and the proposed one story additions are located west of the property line and will be by 22' and 12' by 14'. 5. In considering this application, the Board finds and determines: (a) that the circumstances ofthis applicationare nonConformities,Uniquely relate~ to the premises and~its established (b) that there is nOother method for appellants to pursue; and placing the proposed cabana and additions in any other location on the premises will require other variance relief; (c) that thearea chosen for the cabana and additions is not unreasonably located; Id) 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 cargfullyconsidering 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 motio~'-!~YMr. Goehringer, seconded by Mr.' Dinizio, it was RESOLVED'~'to ~ ~ in the matter of the application of under Appeal No. df¸ i. That the cabana only be used for storage purposes and that it have ho.sleeping quarters. Vote of [Absent Joseph Sawicki] 'igonis, P~ Southold MAIN R13AD BTATE RI-lAD 25 APPEALS BOARD MEMBERS GERARD P. GOEHR1NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES D1NIZI0, JR. ACTION OF THE BOARD OF APPEALS SOUTHOLD, L.I.. N.Y. 31971 TELEPHOI~E ~1536i 765-3809 Appl. No. 3881 Matter of WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map 1000, Section 111, Block 15, Lot 12. WHERE~S, a publichearing was held and concluded on December 19, 1989 in the matter of the Application of WAR~RN AUGENT~ALF~R, under ~p~.al No. 3881; 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 viewedand are familiar with the premises in question, its present zoning, the surroundingareas;~and' WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along theeast Nassau Point Road, Town of Cutchogue, Suffolk County Tax Maps as District 1000, 'Lot 12. · · . · . , , ~:":,: i-., : '..}' 2~ This is an application for Variances from. the-Zoning: Code ArtiCle III, Section 33, for permission to construct accessory building in frontyard area. C Page 2 -.Appl. No. 3881 -Matter of WARREN AUGENTHALER Decision rendered January 9, 1990 3. Article III, Section 100-33, In the Agricultural- Conservation and Low-Density Residential R-80, R-120, R-200~-d R-400, accessory buildings and structures or other accessor~ uses may be located in the required rear yard, subject to the following requirements: Such buildings shall not exceed eighteen (18) feet in~ ,. ~.- height. Such buildings shall be set back no less than three (3) feet from any lot line. Ail such buildings~in the aggregate shall occupy not more than forty percent (40%) of the area of the required rear yard. 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) thatthere'~s no other methodforappellants to (c) that the area chosen for the accessory building is not unreasonablyi, located;.. and/~ order of~ the Town; r~ ests of .justic by as applied conditionally noted bel¢ on motion by Mr. Dinizio, seconded byMr. Page 3 - Appl. No. 3881 ..Matter of WARREN AUGESVi~LALER Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of W~ AUGENTHALER, as applied under Appeal No. 3881, SUBJECT TO THE FOLLOWING CONDITIONS: t. That the 8' by 10' shed remains 170+- ft. from Nassau Point Road. 2. That that the shed be no closer than 5+- ft. from the south property line. 3. That the. shed be used only for storage purposes. Vote of the Board: Ayes: Messrs. Georhinger, Grigonis and Dinizio [Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, MAIN ROAD' sTATE ROAD 25 P.O. BOX 117'9 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR, JOSEPH H. SAWICKI JAMES DIHIZIO, JR. ACTION OF THE BOARD OF APPEALS SOUTHOLD, Li.. N.Y'. 11971 TIEL~PI4i:~IE (516} 765-1809 FAX NO. (516) 765"1823 Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW. Variance to the zoning Ordinance, 280-A Approval of Access Right-of~Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 4~. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of MICHAEL AND CLAIRE GLEW, under Appeal No. 3893; and WHEREAS, at said ~earing 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 north side of Main Road 25 S.R., Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 1, Lot 2. This is an application for Variances from the Zoning Code 280-~ Access Right-of-Way, '(Article XXVIII, Section100-281 B), for permission to construct a'one family dwelling. Page 2 - Appl. No. 3893 _Matter of MICHAEL AND CLAIREGLEW Decision rendered January 9, 1990 3. 280-A Approval of Access of Right-of-Way, Article XXVIII, Section 100-281 B, No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by 280-A of the Town Law. 4. In considering this application, the Board finds and determines: .~..~ la) That the circumstances of this application are uniquely related to the premises and its established nonconformities; that there is no other method for'~ppellants to pursue; ~ __1 {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; Ad] that in' carefully considering the record and all the above factors, the interests of justice will be served by granting, thevariance,~'~s applied conditionally noted below. Accordingly, on moti6n'by Mr. Goehringer, seconded by Mr. Dinizio, it was .. Page 3 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 _RESOLVED, to GRANT a Variance in the matter of the application of MICHAEL AND CLAIRE GLEW as applied under Appeal No. 3893 for approval of 280-A, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the road be width widen to 12 ft. north of railroad crossing for a distance of approximately 680+- ft., to beginning of subject property. 2. Grade road at R.R. crossing with additional fill to provide grades not more than 8% with 1 on 4 side slopes. Use. material containing 15% or more of small gravel, sand and 15% or more of loam. 3. Place a 2" compacted surface of 3/4" stone blend on the 12 ft. width. 4. Last 250+- ft. (12 ft. width: Do any necessary clearing to provide 3 ft. of clearance on sides of road. 5. A profile' should be submitted indicating how this 2S0 ft. length road will meet the present road as updated. 6. Remove topsoil for 12". Replace with compacted ' material same as show~t 2. Note: The profile will indicate depth of replaced material which should not be less than 6", 7. The PUrpose and cause of this enhanced 280-A approval is to maintain access of proposed 94,829 sq. ft. lot of minor subdivision, therefore, improvements are to be made only to beginning of this lot. (shown as lot $2 on minor subdivision lot Dated: 1/26/89 R. Van Tuyle), remaining improvements are contained in Appeal 3605, Ted Dowd, 8. That final approval for the road shall beinspeCtedb¥ Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio (Absent: Joseph Sawicki). This resolution was duly adopted.- df Southold APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. MAIN ROAD- STATE RQAD 25 ACTION OF THE BOARD OF APPEALS SrlUTHI3LD, L.I., N.Y. i'1971 TELEPHONE {516) 765-1809 Appl. No. 3873 Matter of VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780' Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, Lot 22. WHEREAS, a pubIiq hearing was held and concluded on December 19, 1989 in the matter of the Application of VINKO~ NALETILI~ under Appeal No. 3873; 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, a,~ the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question islocated along the south of -Orchard Street, Town of New Suffolk, and is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 7, Lot 22. 2. This is an application for Variances from the. Zoning Code Article III A, Section 100-30 A.3, for permission to construcl a deck, proposed construction will have insufficient lot coverage. Page 2 - Appl. No. 3873 .-Matter of VINKO NALETILIC ~ Decision rendered January-~ 1990 3.. Article III A, Section 100-30 A.3, 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 regulations were set forth herein in full. 4. In considering this application, the Board finds and dete~,.ines: (a) that the circumstances of this application are uniquely related tothe premises and its established nonconfozmities; (b) that there is no other method for~appellants to pursue; and placing the proposed deck inany other location on premises will still 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 careful'iy considering the record and all the above factors, the interests of justice wilI be served by granting the variance, as applied conditionally noted below. AccordinglY, on mo{ion by Mr. Goehringer, seconded bY Mr. Dinizio, it was Page 3 - Appl. No. 3873 ._Matter of VINKO NALETILIC~ Decision rendered JanuaryS, 1990 RESOLVED, to GRANT a Variance in the matter of the application of VINKO NALETILIC as applied under Appeal No. 3873, SUBJECT TO THE FOLLOWING CONDITIONS: That the deck remain open and unroofed. That there be no further building, or expansion of decks, etc, on this premises. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio {~sent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN South Id Tow o n MAIN RDAD- -~TATE RI-lAD 25 APPEALS BOARD MEMBERS GERARD P. GOEHR1NGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ISOUTHOLD, L.I., N.Y. 11971 TE LE PHO NE ~[516) 765-1809 kCTION OF THE BOARD OF APPEALS App1. NO. 3892 Matter of ANTHONY BOLLETINO. Variance'to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, EaSt Marion, County Tax Map No. 1000~ Section 23, Block 1, Lot 14.6. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of ANTHONY BOLLENTINO, under Appeal No. 3892; and WHEREAS, at said h~aring all those who desired to be heard were heard and thei~ testimony recorded; and WHEREAS~ the BOard M~ers have personally viewed and are familiar with the premises in question, its present zoning, and -the surround~ng~ areas;~and ~ WHEREAS side of Main identified Section 23 the BOard-made the following findings of fact: question is located along the~north 25, Town. of East Marion, and is County Tax Maps asDistrict 1000, Lot 14.6. 2. ' an application for Variances from the zoning Code Article III, Section 100'33, for permission to construct accessory shed and gazebo in front yard area. Page 2 - Appl. No. 3892 ._Matter Of ~THONY BOLLETINO Decision rendered 3. Article III, Section 100-33, In Agricultural- Conservation and Low-Density Residential R-80, R-120, R-200, and R-400 Districts, accessory building and structures or other accessory uses may be located in required rear yard, subject to the following requirements: e determines: A. Such building shall not exceed eighteen (18) feet in height. B. Such buildings shall be set back no less than three (3) feet from any lot line. C. All such buildings in the aggregate shall occupy not more than forty percent (40%) of the area ok the required rear yard. In considering this application, the Board finds and (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 t~e.proposed, shed and gazebo in any other location on the premises..~ill require other variance relief; (c) that the area chosen for the shed and gazebo 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 caref~ulty considering the record and all the above factors, the in%erests .of. justice will be served by granting the variance,~ as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mrl - Dinizio, it was Page 3 - Appl. No. 3892 Matter of ANTHONY BOLLETINO Decision rendered De~m,]:;~,. ~9~~/ ! ~ ~ RESOLVED, to GRANT a Variance in the matter of the application of ANTHONY BOLLETINO as applied under Appeal No. 3892, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 8~ by 10' shed to be placed 36+- ft. from west property line and 220+- ft. from the Main Road. 2. That the shed only be used for storage purposes. 3. That the Gazebo be 50+- ft. from the east property line and 130+- ft. from the Main Road. Vote of the Board: Ayes: Messrs. Goehringer, Grigenis, and Dinizio, (Absent Serge Doyen and Joseph Sawicki). This Resolution was duly adopted. df GERARD p. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. $outhold T MAIN RI-lAD- =~TATE RE]AD SOUTHOLD, L.I., N.Y. ]lCJ?l TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 3888 Matter of ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for pelmission-~to construct Accessories; pool, tennis court and shed in frontyard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. i000, Section 14, Block 2, Lot 1.10. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of ERNEST ' TARMIN, under Appeal No. 3888; and WHEREAS, at said hearzng all those who desired to be heard were heard and their test~ony 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 f~act: 1. The premises in question is located al°ngthe~Orth Suffolk County ~ax Maps as District 1000, Section 14,*Block ~2, Lot 1.10. Code , for peimission to construct Accessories; pool, tennis court and shed in front yard area. Page 2 ~ Appl. No. 3888 _Matter of ERNEST TARMIN Decision rendered January 9, 1990 3~ Article III, Section 100-33, In the Agricultural- Conservation and Low-Density Residential R-80, R-i20, R-200 and' R-400, accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements: ae Be Such buildings shall not exceed eighteen (18) feet in height. Such buildings shall be set back no less than three (3) feet from any lot line. C. All such buildings in the aggregate shall occupy not more than forty percent (40%) of the area of the required rear yard. 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 nonconfozmities; (b) that ther~ is no other method for appellants to pursue; and placing the.Accessories; pool, tennis court and shed in any other location in the front yard will require other variance relief; ('c) that the area chosen for the accessory pool, tennis court and shed are not unreasonablylocated; (d) that the variancewill not in turn cause a substantial effect on the safety, health, welfare, comfort, convenienCe and/or order of the Town; (e) thatl'in carefully considering the-recordand 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 Serge Doyen, it was' Page 3 - Appl. No. 3888 _Matter of ERNEST TARMIN Decision render January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of ERNEST TARMIN as applied under Appeal No. 3888, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 20' by 20' shed be 53+- ft. from the west property line. 2. That the shed be 700+- ft. from the right-of-way and that it only be used for storage purposed, no sleeping quarters. 3. That the 20' by 40' pool be 48+- ft. from the east property line, 45+- ft. from the west property line and 840+- from the right-of-way. 4. That the pool meet all State building code regulations regarding fence and it is to remain unroofed. 5. That the 60' by 120' tennis court be 40+- ft. from the west property line, 48+- ft. from the east property line, and 580+- ft. from the edge of the right-of-way. 6. That the tennis court remain unlit and that the fence placed around said court not exceed 10 ft. in height. Vote of the Boar~:-_ Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent.Joseph Sawicki). This resolution was duly adopted. GERARD P. GOEHRIGNER, CHAIRbIAN Southold Town MAIN ROAD - STATE ROAD 25 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR, P.O. BOX 1179 SOUTHOLD, LI., N.Y. 11971 TELE~'NONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEkLS Appl. No. 3887 Matter of MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III,. Section 100-33, for~ermission to construct a tennis court in frontyard area. Property Location: 1019 Private Road 97 Fords Road, Southold, County TaxMap No. 1000, Section 87, Block 1, Lot 18.4. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of M~RK AND ELLIE GORDON under A~peal No. 3887; and WHEI~EAS, at said ~earing 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 area~; and · ~ WHEREAS, the Boardmade the following findings offact: 1. The premises in question is locatedalong the south side of SOuth Harbor Lane, Hamlet of Southold,' and isidentified on the Suffolk County Tax Maps as District i000 Section 87, Block 1, Lot 18.4. ' 2. This is an application for Variances fr°m the Zoning Code Article III, Section I00-33, .for permission to construct a tennis court in frontyard area. 3. Article III, Section 100-33, in Agricultural- Conservation District and Low-Density Residentia~ R-80, R-120, R-200, and R-400 Districts, a-ccessory buildings and structures or other accessory uses may be located in the required rearyard. ' Page 12 - Appl. No. 3887 _Matte~r of ~kRKAND ELLIE GORDON Decis!ion rendered January 9, 1990 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and placing th~ proposed tennis court in any other location on the premises will require other variance relief; (b) that the area chosen for the tennis court is not unreasonably located; (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 byMr. Goehringer, i~t was RESOLVED, to GRANT a Variance inthe matter of the application of MARK AND ELLIE GORDON as applied under Appeal No. 3887 for the placement of a 60~ by 120' tennis court, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the tennis.~ourt be moved 5 ft. further east (more center of lot). 2. That the tennis court be no closer than 30 ft. from the west property line ~nd 100+- fti from the north property line. 3. That the tennis court remain unlit and the fence does not exceed 10 ft. in height. Doyen, and Dinizio duly adopted. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Absent Joseph Sawicki). This resolution was df Pe APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S~'RGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold T MAIN RrlAD- BTATE RI-lAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE {51(~) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 3891 Matter of ELIZABETH JOHNSTON. Variance to the Zoning Ordinance, Article III, Section 100232.4 (A), for permission to cons=ruct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 01. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of ELIZABETH JOHNSTON under Appea'l~N0. 3891; and WHEREAS, at said hearing allthose who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members.have personally viewed andare familiar with the premises in question, its present zoning, and the surrounding areas; and - 1. The premises in question is located along the nort~ side of Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 01 2. This is an application for VarJ ZOning frontyard area. Page 2 - Appl. No. 3891 Matter of ELIZABET~ JO~STON Decision rendered January 9, 1990 3. Article III, Section 100-31.4 (A), Garden house, toolhouse, storage building, playhouse, ~wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain link (or similar type) fence of not more than two-inch mesh, not less than four (4~ feet in height, erected, maintained and provided with a self-clOsing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents, however, if said pool is located more than (4) feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self-latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, comply with all of the provisions hereof. 4. In considering this application, the board finds and determines: _ (a) that the qircumstances of this application are uniquely relatedto the premises and its established nonconformities; '~- (b) that there is no other method for appellants to pursue; and placing the proposed lap pool in any other location the permises Wil1 requireother variance relief; on (c) that the area chosen for the lap pool 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.'rec°rd and allthe above factors, the interests of justice wilI be Served by . ' granting the variance, as applied conditionally notedbelow. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Dinizio, it was Psge 3 - Appl. No. 3891 _Matter of ELIZABET~ JOHNSTON Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of ELIZABETH JOHNSTON as applied under Appeal 3891, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the lap pool be 12 ft. by 45 ft. and remain unroofed. 2. That the lap pool be 27+- ft. from the south property line and 10+- ftl from the east property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio. (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD p. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH N. SAWlCKI JAMES DINtZI0, JR. SrlUTHnLD, L.I.. N.Y. 11J971 TELEPHONE (516) 765-1809 ACTION OF T~E BOARD OF APPEALS Appl. No. 3884 Matter. of DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient are in this pending division of land and bulk and Parking regulations. Property Locatio: Main 'Bayview Road, Southold, County Tax map No. 1000, Section 078, Block 09, Lot 30. WHEREAS, a publlc-~earing washeld and concluded on December 19, 1989 in the matter of the: Application of DICKINSON/THOMPSON under 'kppeal No. 3884; and WHEREAS, at said hearing all those whodesired 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. '~z'te' premises in question is located along the northwest Side of Main Bayview Road, Town of-South61d, and is identified on the Suffolk~County~Tax Maps as District.1000~ Section 078, BloCk 09, Lot 30. 2. This is an Application for Variances from the Zoning Code Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient are in this pending division of land and Bulk and Parking regulations. Page 2 - Appt. No. 3884 ._Matter of DICKINSON/THOMPSON~. Decision rendered Jan~ary~,'1990 .~ 3. Article III, Section 100-32, No building or premises Shall be used and no building or part thereof shall be erected or altered in the Agricultural-Conservation District and in the Low-Density Residential R-80 District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapt~er with the same force and effect as if regulations were set forth herein in full, as well as to the following bulk and parking requirements: 4. The s,,hject premises for the proposed Division of land is known and referred to as being 22,898 sq. ft. on the southeast side and 22,910 on the northwest of Main Ba~view Road. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and itsestablished nonconformities; ...... (b) that there is~no other method fOr appellants to pursue; and the dividing the land in any other location on premises will require Other variance relief; I(c) that the varz~n, ce 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 intDrests of justice will be served by granting ~the variance,'as applied . ~ccordingly, on motion byMr. Goehringer, seconded by Mr. Dinlzlo, it was RESOLVED,.to GRANT a Variance in the matterof the application of DICKINSON/THOMPSON as applied under Appeal No. ~3884. Doyen and Dinizio (Absent Joseph Sawicki). duly adopted.' df Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, This resolution was GERARD p. GOEHRINGER, ,~HAIRMAN / So thold To Bo d of Appeals ~ '~-~-~b'"C'.~ NIAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N2Y.' :119'71 ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JOSEPH H. SAWlCKI JAM~ DINIZI0. JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3889 Matter of TIMOTHY AND GEORGE WELLS. Variance to the zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section i06-20), for approval of insufficient are in this pending division of land. Property Location: Southold Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.3, WHEREAS, a publi~-hearing was held and concluded on December 19, 1989 in the matter of the application of TIMOTHY AND GEORGE WELLS, under AppealNo. 3889; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, theBoard Members havepersonally view 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~outh Harbor Road, Townof Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 075, Block 07, Lots 1.3, 1.4, 1.5. 2. This is an application for variances from the Zoning Code Article III A, Bulk and Parking Regulations Section 100-30 A.3, Article I, Section 106-20, for approval of insufficient area in this pending division of land. Page 2.- Appl. No. 3889 ._Matter of TIMOTHY AND GEORGE WELLS Decision rendered January 9, 1990. 3. Article III A, Section 100-30 A.3, 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 regulations were set forth herein in full. 4. In considering this application, the Board finds and ' ~. determines: (a) that there is no other method for appellants to pursue; and sub-dividing the proposed division of land in any other area will require other variance relief; Ih) that the variance will not in turn cause a substantial effect on th~ safety, health, welfare, comfort, convenience and/or order of the Town; c) that in carefully considering~the record and all the factors, the interests of justice will be served by granting the variance as applied. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was '- ~ Vote of the board: Ayes: Messrs. Goehringer, Grigonls, and D~nizio (Absent Serge Doyen.and JoSeph Sawicki). ~'~is resolution was duly~adopted. * * df GERARD P. GOEPIRINGER SouthoJd Town Board o£Appeals ,~'~~' MAIN ROAD - S ATE ROAD 25' P.O. BOX 1179 SOUTHOLD' I:.l., N.Y; 11971 TELEPHONE (516) 76~18~ FAX No. (516) 76~1~3 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF TEE BOARD OF APPEALS Appl. No. 3890 Matter of WALTER GLASSER. Special Exception to the zoning' Ordinance, Article IX, Section 100-91, for p~mission to change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of WALTER GLASSER under Appeal~ No. 3890; and WHEREAS, at said ~earing 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 area; and ~ WHEREAS the Board~made the following findings of fact: 1. The premises in question is located along the west side of Beckwith Avenue, Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000 Section 061 Block 1, Lot 25. ' ' 2. This is an application for a Special Exception from the Zoning Code, Article IXs Section 100-91, for permission for changeof use from Place of WorShip to Office/Apartment. Page 2 - Appl. No. 3890 .Matter of WALTER GLASSER Decision rendered January 9, 1990 3. Article IX, Section I00-91, in the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or part, for any uses. 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and changes or alterations on the premises will require a SpeCial exception. (b) that the Special Exception will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, and/or order of the Town; (c) that in carefully considering the record and all the above factorS, the. interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly on motion by Mr. Grigonis, Secondedb¥ Mr. Doyen, it was: RESOLVED, to GRAN~T-a Special Exception in the matter of WALTER GLASSERas applied~nder Appeal No. 3890, SUBJECT TO THE FOLLOWINGCONDITIONS: 1. That there be one on'site parking space entrancing and~ '~ exiting Beckwith Avenue fif possible)..~ ~ ~ote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen andDinizio, (Absent Joseph SaWicki). This resolution was duly adopted. df ///GERARD P. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER; CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZI0, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.~., N.Y. 11971 TEL~E (516) 765-1809 FAX ~ (516} 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3896 Matter of JERRY GAMBONE AND KES ZAPKUS;TM special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road, Southold, County Tax map No. 1000, Section 62, Block 1, Lot 12. WHEREAS, a public hearing was held and concluded on December 19, 1989 in"~e matter of the Application of JERRY GAMBONE AND KES ZAPKUS under Appeal No. 3896; and WHEREAS, at said hearing allthose who desired to be heard were heard an~their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning,'am~ the surrounding area; and WHEREAS,':the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road, Route 25, Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 1, .Lot 12. 2. This-is an application for Special Exception from t~e Zoning Code Article IX, Section 100-91, for permission to hav~ OffiCe/Retail business on first floor and residential rental apartment on second floor. Page 2 - Appl. No. 3896 · _Matter of JERRY GAMBONEANDKES ZAPKUS Decision rendered January 9, 1990 3. Article IX, Section 100-91, in the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses. 4. In considering this application, the Board finds and determines; (a) that there is no other method for appellants to pursue; and changes or alterations on the premises will require a Special Exception. (ih) that the Special Exception will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, and/or order of the Town; (c) that in carefully considering the record and all the above ~factors, the interests of justice will be served by granting the Special Exception,-as applied conditionally note~ below~ Accordingly on motion by Mr. Dinizio, Seconded byMr. Goehringer, it.was ~.. RESOLVED, to GRANT-._ a Special Exception in the matterOf' the application of JERRY-~AMBONE AND KES ZAPKUS under Appeal No'. 3896, SUBJECT TO THE FOLLOWING CONDITIONS: t. That there only be cooking facilities for one apartment. ~ -- Vote of the'Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. ~ df · GOEHt~il~GER, ~]AIRMAN Southold Tow oard MAIN ROAD - STA~ ROAD 25 P.O. BOX 1179 SOUTHOLD, ~LI.N.Y. 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH R. SAWlCKI JAMES DINIZIO. JR. ACTION OF T~E BOARD OF A~PEALS TELEPIION~ (51~ 765-180g FAX N~. (516) 765-1823 Appl. No. 3872 Matter of COMPASS TRANSPORTS. Variance to the Zoning Ordinance, Article XXV, Section 100-250, for approval of site plan before any Certificate of Occupancy or'building pexmits can be issued in this Hamlet Business Zoning District (HB). Property Location: 175 Boisseau Avenue, Southold, County Tax Map No. 1000, Section. 062, Block 01, Lot 16. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of COMPASS TRANSPORTS, under Appeal No. 3872; and WHEREAS, at sai~e~ring all those who desired to be heard were heard and their test%mony recorded; and WHEREAS, the Board Members have personally v. iewed and are familiar with the Premises in question, its present zoning, a,~ the surrounding areas; and ~ WHEREAS, the ~Board made the following findings Offact: 1. The' as side of Main identifiedon Section 062, Block 01, Lot 16. located along the north of Southold, and is ' Tax Maps as District 1000, - _2.. _This is an.application for Variances from the.zoning oae Article XXV, Section 100-250, for approVal of site plan · efore any certificate of Occupancy or building permits ~an be issued, (Article XIX, Section 100i191}. Page 2 - Appl. No. 3872 _ Matte~ of COMPASS~TRANSPORTS Decision~ rendered January 9, 1990 ~. Article XXV, Section 100-250. This article shall apply to every land use that is permitted in the Town of Southold excep~ the single family home use on a single and separate lot as set forth in Article III, 100-31A, and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the Site in terms of parking-, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site development lans by the Planning Board, no building permit shall be ~ssuedP~ the Building Inspector except upon a~thorization of and in conformity with the site plan approval by the Planning Board an~ all other public agencies involved. 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 the premises will require on site parking thatwill require other variance ~elief; (c) that the area c~osen for the on site parking is not · unreasonably locate~. (d) that the'variance will,not in turn cause a s,,hstantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (le) that incarefully considering the record and all the above factorS, the.interests~of justic~ Will be served by granting the variance, as appliedconditionally noted below. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Goehringer, it was . . Page 3 - Appl. No. 3872 _Matter of COMPASS TRANSPORTS Decision rendered January 9, 1990 RESOLVE. D, to GRANT a Variance in the matter of the application of COMPASS TRANSPORTS as applied under Appeal No. 3872 for site plan approval, SUBJECT TO THE FOLLOWING CONDITION~: That there be no more than 400 sq. ft. in dining area, exclusive of restroom area. That there be 4 parking spaces provided on site. That the applicant have a maximum 12 stools or chairs in dining area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. df Southold Town Board of Appeals SPECIAL. ME~IiNG: January 9, 1990 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary APPEALS BOARD MEMBERS GERARD P. GOFHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN JR. JOSEPH H. SAWlCKI JAMES DINtZIO. JR, Southold Town Board of Appeals MAIN RDAD- STATE RI-lAD 25 BDUTHnLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 WAIVER OF NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Southold Town Board of Appeals, Suffolk County, New York, do hereby severally waive Notice of the time, place and purpose of the Special Meeting of this Board to be held at the Southold Town Hall, Main Road, Southold, New York on Tuesday, January 9, 1990 at 7:30 pom., and do hereby consent that the same be held on said date for the transaction of those business items properly coming before the Board at said meeting. '~_mgum P. sommiN~,/c~zm~ CFfARLES GRf~O~i~, JR.,~MBER ~ERGE J). E~N, M~ER df JOSEPH H. ~AWICKI, ME~DER R~C!~iVED AND FILED BY -~J:~ oO~i~'~uLD ?O~N C~