Loading...
HomeMy WebLinkAboutZBA-02/15/1990APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Ir. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio, Jr. 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 MINUTES REGULAR MEETING THURSDAY, FEBRUARY 15, 1990 A Regular Meeting was held by the Southold Town Board of Appeals on lhursday, February ]5, ]99~ommencing at 7:30 o'clock p.m. at the SouthoId Town Hail, M~in Road, Southold, New York. Present were: Gerard P. Soehringer, Chairman; Members Charles Grigonis, Jr. and dames Dinizio, Jr. Board Members absent were: Serge Doyen, Jr. and d0$eph H. Sawick~lso present were Doreen Ferwerda, the Board's Secretary and Court Stenographer (per contractual agreement with the Town for stenographic services). testimony was eeded with I During each hearings (as ~hehearings, Office and S.E.Q..R.A. declarations are attached to this cover page together with the transcripts as the record Of the board's actions for future reference. [No other minutes for this regular'meeting have been prepared.) TELEpHoNE [516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZI0. JR. AGENDA REGULAR MEETING TR~TRSDAY~ FEBRUARY 15~ 1990 7:30 Meeting to Order 7:30 p.m. Appl. No. 3910 $OUTHOLD AGWAY. Variance to the Zoning Ordinance, Article XXIII, Section 100-230 C (1), Section 100-231 A, for permission to construct a 6 ft. high fence in the front yard area. Property Location 1705 Youngs Avenue, Southold, Count~ Tax Map No. 1000, Section 60 Block 1, Lot 5. 7:35 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the Zoning Ordinance, Article ~XIII, Section 100-230 C (1), Section 100-231 A, for permission to construct a 6 ft. fence in front yard area, fence exceeds permitted 4 ft. in height. Property Location: 358-NoTth SeaDrive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 7:40 p.m. Appl. No. 3759 - To conduct a hearing of October 6, 1988, after decision has been rendered in the matter of ANTHONY SCARMATO INC. Property Location: 235 HuCkelberryMill Road, East Marion, County Tax Map No. 1000, Section 31, Block 16, Lot 9. I. DECISIONS/DELIBERATIONS A. Appl. No. 3902 - HENRY HUNSTEIN. Variance. to the Zoning Ordinance, Article III A, Section 100-30.3, (100=33), as disapproved, for permission to construct accessory building in ' frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, 1000-70-13-20.20. Page 2 - Agenda Regular'Meeting - February 15, 1990 Southold Town Board of Appeals I. DECISIONS/DELIBERATIONS, continued B. Appl. No. 3901 - THOMAS ESCHMANN.~ Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, (100-33), as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, 1000-145-4-10. C. Appl. No. 3905 - ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, 1000-145-4-4. D. Appl. No. 3904 - HARRIET SPILMAN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, 1000-110-1-7.3. E. Appl. No. 3900 - GERHARD SCHREMMER~ Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling,~proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, 1000-080-02-001. F. Appl. No. 3897 - J. PARKER~WICKHAM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct abuilding for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, 1000-123-01-02. G. Appt. No. 3899 - AGNES AND CHERYL PAGNOZZI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard.i Property Location: 1450 Jockey Creek Drive, Southold, 1000-70-5-17. H. ~Appl. No. 3898 - PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B [6), for permission to use existing barn for winery production and storage. Property Location: 32180 Main Road, Cutchogue, 1000-103-01-19.2. Page 3 - Agenda Regular Meeting - February 15, 1990 $outhold Town Board of Appeals I. DECISIONS/DELIBERATIONS, continued I. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, 1000-96-4-4.3. III. APPLICATION REVIEWS A. Matters ready for Next Hearings Calendar: 1. Appl. No. 3903 Linda Dambassis 2. Appl. No. 3906 - Charles Colombo 3. Appl. No. 3907 - Nicholas Aliano 4. Appl. No. 3909 - Joseph Cornacchia 5. Appl. No. 3911 - Walter Rafferty 6. Appl. No. 3912 - Edward & Corrine Birdie 7. Appl. No. 3914 - Eva Halla 8. Appl. No. 3915 - Jordan's Partners 9. Appl. No. 3917 - Umbrella Home Care 10. Appl. No. 3916 - George Reinhardt CODE COMMITTEE: Updates for the Board for this week's meetings. NEXT CODE COMMITTEE DATE:February 15~ 1990 Appeals Southold Town Board of ~ TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES DIN IZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3902 Matter of HENRY R//NSTEIN. Variance to the Zoning Ordinance, Article III A, Section 100-30.3 [100-33), as disapproved, for permission to construct an accessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Ba!rview Road, Southold, County Tax Map No. 1000, Section 70, Block 13, Lot 20.20 WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the application of HENRY HUNSTEIN, under Appeal No. 3902; 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 Pine Neck Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block -3, Lot 20.20. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30.3 (100-33), for permission to construct accessory building in frontyard area. Page 2 - Appl. NoJ 3902 Matter of HENRY HUNSTEIN Decision rendered February 15, 1990 3. Article III A, Section 100-30.3 (100-33), 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 for the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full. Article III, Section 100-33, In the Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required rear yard, sl~ject to the following requirements. 5. 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 accessory, structure in any other location on the premises will require other variance relief; (c) that the area chosen for the accessory structure 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 granting the variance, as applied conditionally ~notedbelow. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3902 Matter of HENRY HUNSTEIN Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of HENRY HUNSTEIN as applied under Appeal No. 3902, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 16 by 20 ft. 1 story accessory structure not exceed 12 ft. in height. 2. That the accessory structure be 60+- ft. from the Pine Neck Road property line and 60+- ft. away from existing two story family dwelling excluding deck. 3. That the accessory structure only be used for storage purposes and only to have electricity. df GERARD P. GOEHRIGNER, CHAI~kN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supe?isor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765z1800 ACTION OF THE BO.kRDOF.APPEALS Appl. No. 3901 Matter of THOMAS ESCHMANN./~ariance to the zoning Ordinance, Article III A, Section-30 A.4, (100-33), as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. WHEREAS, a p~blic hearing was held and concluded on February 1, 1990 in the matter of the Application of THOMAS ESCHMANN, under Appeal No. 3901; 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 Mesrobian Drive, Hamlet of Laurel, and is identified on -the Suffolk County Tax Maps as District 1000, Section 145, Block 4, Lot 10. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.4, (100-33), for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Page 2 Appl. No. 3901 Matter of THOMAS ESCPE4ANN Decision rendered February 15, 1990 3. Article III A, Section 100-30.4. Accessory buildings shall be subject'to the same requirements as 100-33 of the Agricultural-Conservation District. Article III, Article 100-33, In the Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements. 5. In considering this application, the Board finds and determines: (a) that the 'circumsnances 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 accessory building and the accessory shower in any other location on the premises will require other variance relief; (c) that the area chosen for the accessory building and shower are not unreasonably located; (d) that this 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 conditionally noted below. Accordingly on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was ~Qe 3 Appl. No. 3901 Matter of THOMAS ESCHMANN Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of THOMAS ESCHMANN as applied under Appeal No. 3901, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory shed be granted as shown on the survey by Robert Van Tuyl, Dated October 27, 19B9. 2. That the accessory shower structure be 3 by 4 ft. and ~emain 12 ft. from the east property line and 90+- ft. from the Right-of-Way (Mesrobian Road). 3. That the applicant plant evergreens on the side adjacent to the road side and the rear of the accessory shower, that the evergreens be a minimum of 12 inches in height and maintained and that the remaining sideyard area is to be open and free of access to rear of property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN ( 0 HAIN ROAD--C:TATE ROAD 25 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIOONI$, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK! JAMES DINIZIO, JR. $OUTHOLD, L.I., N,Y. 119'71 TELEPHONE {516} 765-1809 ACTION OF THE BOARD OF APPEALS Appl. NO. 3905 Matter of ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map 'No. 1000, Section 145, Block 4, lot 4. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of ANTHONY J. MERCORELLA under appeals3905; and WHEREAS, at said hearing all those who desired tobe herd 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 iocated, along the south -side of Great Peconic Bay Bouelvard, Town of Laurel, and is identified on the Suffolk County Tax Maps as District 100.0, Section 145, Block 4, Lot 4. 2. This ~s an application for Variances from the Zoning code Article XXIII, Section 100-239.4 B, for permission to ~ construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. , Appl. No. 3905 Decision rendered February 15, 1990 3. Article XXIII, Section 100-239.4 B, Ail building located on lots upon which a bulkhead, concrete wall, riprap or~ similar structure exists and which are adjacent totidal water bodies other than soundsshall be set back not less than seventy-five (75) feet from the bulkhead, 4. In considering this application, the board finds and detezmines: (a) that the circumstances of this application are uniquely related to the premises andits 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 notin turncause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; above factors, th~ interests of justiCe will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, Seconded by Mr. Dinizio, it was RESOLVED,. to GRANT a~Variance in the matter of the application, of ANTHONY J. MERCORELLA under Appeal No. 3905, SUBJECT TO THE FOLLOWING CONDITIONS: That the'I2 by 44 ft. deck be built on the west side of house irregularly shaped and be approximately 25 ft from existing bulkhead. That the deck remain open and unroofed Vote of the-Board: Ayes: Messrs. Goehringer, Grigonis, And Dinizio, (Absent Joseph Sawicki and Serge Doyen). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN Southold Tou n. Board of Appeals, _ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. JOSEPH H. SAWlCK! JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3904 Matter of HARRIET SPILMAN. Vari.ance to the Zoning Ordinance, Article XXIII, Section 100~239.4 B, for permission to construct addition to existing dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, Cc Section 110, Block 1, Lot 7.3° WHEREAS, a public hearing was hc February 1, 1990 in the matter of thc SPILMAN under Appeal No. 3904; and W~EREAS, at said hearing all thc were heard and their testimony record WHEREAS, the Board Members have familiar with the premises in questi¢ the surrounding areas; and unty Tax Map No. 1000, ld and concluded on Application of HARRIET se who desired to be heard ~ed; and personally viewed and are ,n, its present zoning, and WHEREAS, the Board made the following findings of fact: 1. The premises in question i~ located along th~ wes~ -side of West Creek Avenue, Town of C~tChogue, and is iaenti~ie~ on the Suffolk County Tax Maps as District 1000, Section 110, Block 1, Lot 7.3. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling, proposed construction will be less than 75 ft. from the bulkhead. Page 2 - Appl. No. 3904 Matter of HARRIET SPILMAN Decision rendered February 15, 1990 3. Article XXIII, Section 100-239.4 B, Ail building 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 (75) 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 in any other location on the premises will require other variance relief; (c) that the area chosen for the addition 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 granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3904 Matter of HARRIET SPILMAN Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of HARRIET SPILMAN as applied under Appeal No. 3904, SUBJECT TO THE FOLLOWING CONDITIONS: That the addition toward the southeast side of the house be approximately B by 30 ft. That the addition toward the northwest side of the house be 6 by 18 ft. encompassing exisiting stoop. 3. That any run-off from the roof go into dry wells. That the addition be placed no closer than 11 1/2 ft. from the southwest side and 11 ft. ft. on the northeast side of the house. Vote of the Board: Ayes: Messrs. Goehringer, Girognis, Dinizio, (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, C~AIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. JOSEPH H, SAWlCKI JAMES DINIZIO. JR. Southold Town Board of Appeals MAIN Er'lAD- STATE EI3AD 25 BI3UTHI3LD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 3900 Matter of GERHARD SCHREMMER. Variance to the Zoning Ordinance, Article XXI¥, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of GERHARD SCHREMMER under Appeal No. 3900; 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 has made the following findings of fact: 1. The premises in question islocated along the southeast side of Oak Drive, Town of SOuthold, and is identified on the Suffolk County'Tax Maps as District 1000, Section 080, Block 02, Lot 001. 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244 B, for permission to construct a one family dwelling~ proposed constructionwill have insufficient front and side yard setbacks, lot has insufficient width. Page 2 - Appl. No. 3900 Matter of GERPIARD SCHREMMER Decision rendered February 15, 1990 3. Article XXIV, Section 100-244 B, 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 os such separate ownership is submitted in the form of an abstract of title showing the changes 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 County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows. 4. The subject premises for the proposed house is known and referred to as being 35 ft. from the south property line, 10 ft. from the east property line and 27 ft. from the west property line. The house will be 28 ft. by 40 ft. and contain 11% of lot coverage, approximately 10,673 sq. ft. 5. 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 one family dwelling in any other location on the premises will require other Variance relief; (c) that the are chosen for the one family dwelling 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; (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. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3900 Matuer of GERHARD SCHREMMER Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of GERHARD SCHREMMER as applied under Appeal No. 3900. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis 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 DINIZIO, .JR. rqDUTHDLD, L.I., N.Y'. 11971 TELEPHONE {516) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. NO. 3897 Matter of J. PARKER WICKHAM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk,' area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000, Section 123, Block 01, Lot 02. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of J. PARKER WICKHAM, under Appeal No. 3897; 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 north side of Park Avenue, Town of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 123, Block 01, Lot 02.. 2. This is an application for Variances from the zoning Code ArtiCle XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard ~setback in this LI District. Page 2 - Appl. No. 3897 Matter of J. PARKERWICKHAM Decision rendered February 15, 1990 3. XXIII, Section 100-132, No building or premises shall be used and no building or part therof shall be erected or altered in the LIO Light Industrial Park/Planned office Park District unless the same confo£ms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, 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 the circumstances of this application are uniquely related to the premises and its established nonconformities. (b) that there are buildings in the immediate Zoning District as close or closer with proposed additions and that the area chosen to store antique cars is not unreasonably located. (c) that the use will-not prevent the orderly and reasonable use of adjacent'properties. (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 granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded byMr~ Dini~io, it was ?~.ge 3 - Appl. No. 3897 Matter of J. PARKER WICKI~AM Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of J. PARKER WICKHAM as applied under Appeal No. 3897, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 18 by 80 ft. addition to store antique cars be located on northwest side of existing large storage building 2. That the 20 by 40 ft. addition to the existing large storage building be located on the west side of the premises. Vote of the Board: AMes: Messrs. Goehringer, Grigonis and Dinizio, (Absent Joseph Sawicki and Serge Doyen). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringcr, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 (~16] 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3899 Matter of AGNES AND CHERYL PAGNOZZI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive, Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of AGNES AND CHERYL PAGNOZZI under Appeal No. 3899; 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 Jockey Creek Drive, Town of Southold and is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 5, Lot 17. 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard setbacks. Page 2 Appl. No. 3899 Matter of AGNES AND CHERYL PAGNOZZI Decision rendered February 15, 1990 3. Article XXIV, Section 100-244 B, 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 changes 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 County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows. 4. The subject premises for the proposed addition is known and referred to as being 35 ft. on the east side of the property line, 11 ft. south side, 12 west side of existing one family dwelling and 22 ft. on the north side of the property line. 5. 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 area chosen for the proposed addition is nou unreasonably located; {d) that the variance will notin 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 conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3899 Matter of AGNES AND CHERYL PAGNOZZI Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of CHERYL AND AGNES PAGNOZZI as applied under Appeal No. 3899, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the addition to existing one story frame house be 21+- ft. northwest and 21+- northeast of the property line. 2. That the sideyard'be 11 ft. from the east side of the property line, thereby proposed addition be reduced by 1 ft. so that it's 10 ft. for the addition on the second proposed ~arage. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio (Absent Joseph Sawicki and Serge Doyen. This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN Southold Town Bo r e MAIN ROAD-BTATE ROAD 2.~ OW .... N.Y. 119 1 TELEPHONE ~1516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES DINIZIO. JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3898 Matter of PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B (6), for permission to use existing barn for winery production and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19.2. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of PECONIC BAY VINEYARDS under Appeal No. 3898; 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 Boardmade the following findings of fact: 1. The premises in question is located along the soUth -side of Main Road, Town of Cutchogue, and is identified on the Suffolk County Tax Maps as District 100, Section 103, Block 0t, Lot 19.2. 2. This is an application for a Special Exception from the Zoning Code Article VII, Section 100-71 B (6), for permission to use existing barn for winery production and storage. Page 2 - Appl. No. 3898 Matter of PECONIC BAY VINEYARDS Dec~sion rendered February 15, 1990 3. Article VII, Section 100-71 B (6), The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: (6) Wineries. 4. The premises in question contains a total acreage in excess of 2.783 Acres (121,288 sq. ft.), in the Hamlet of Cutchogue, Town of Southold. 5. The subject premises is located in a Residential Office (Re) Zone District. 6. In considering this application, the Board finds and determines: (a) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (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. Dinizio, seconded by Mr. Grigonis,-it was RESOLVED, to GRANT a Special Exception in the matter of the appli'cation of PECONICBAY'VINEYARDS as applied under Appeal No. 3898, for the use of existing accessory structures, excluding the farm stand, for the prodUction and storage of wine. -Accordingly, wine production will primarily~ake place in largest St~ctUre on premises, which is existing large barn. Vote of the Board Ayes: Messrs. Goehringer, Grigonis, and Dinizio, (Absent Joseph Sawicki and Serge Doyen). This resolution was duly adopted. df APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3882 Matter of BIDWELL WINERIES. Special Exception to the Zoning ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96r Block 4, Lot 4.3. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of BIDWELL WINERIES, under Appeal No. 3882; 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, itspresent 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 Route 48, Hamlet of Cutchogue, and is identified on the -Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 2. This is an application for Special Exception from the Zoning Code Article III, Section 100-30, for approval of consumer tasting and retail sales :from the winery. ~age 2 - Appl. No. 3882 Matter of BIDWELL WINERY Decision rendered February 15, 1990 3. Article III, Section 100-30, The purpose of the Agricultural-Conservation (A~-C) District and the Low-Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of SouthOld's recreation, resort and second- home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land tofurther the same purposes while honoring the legitimate interests of farmers and other farmland owners. 4. Also noted for the record under Appeal No. 3732 for a Winery for the Production and Retail Sale of Wine. In this Decision rendered July 14, 1988 it states: (a) The area proposed for retail sales is to be not more than 400 sq. ft. as marked in "red" on the Proposed Sketch Drawing prepared by Guldi & Showers dated May 31, 1988 under Drawing No. A-1. 5. In considering this application, the Board finds and determines: (a) that the use will notprevent the orderly and reasonable use adjacent properties or of properties in adjacent use districts; (c) 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; (d) 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, seconded by Mr. Dinizio, it was ~age 3 - Appl. No. 3882 Matter of BIDWELL WINERIES Decision rendered February t5, 1990 RESOLVED, to GRANT a Special Exception in the matter of the application of BIDWELL WINERIES as applied under Appeal No. 3882, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Winery sell their wine product in the 20 X 20 building presently located in the front of t~e building, conditionally for three (3) years from date of this decision. 2. This Decision is subject to Site Plan Approval by the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio, (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN ~outhold Town Board of Appeals Feb.. 15~,. T9.~i Regular Meeting -30- Environmental Declarations, Continued: S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3910 Project/Applicants: S0uth0ld Agway County Tax Map No. 1000-60-]-5 Location of Project: ]705 ¥0ungs AVe., $0uth0]d,~N¥ Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct a 6 ft. high fence in front yard area This 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 that no significant adverse environmental effects are likely to occur should be projectbe implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information,.please contact the Office of the Board of Appeals, Town Hall, Mkin Road, Southold, NY 11971 at (516) 765-1809. Southold Town Board of Appeals Regular Meeting: February 15, 1990 There being no other business properly coming before the Board at this time, the chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary THE SOUTHOLD TOWN C~qK r~AT¢/,/j~/¢~Z' HOUr~/I :~'~' Town Clerk, Tom of Sou~ld