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HomeMy WebLinkAboutZBA-03/29/1990APPEALS 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 SCOT1TM 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 T. HURSDAY, .MARCH 29, 1990 A Regular Meeting was held by the Southold Town Board of Appeals on Thursday, March 29, 1990 commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. · Present were: Gerard P. Goehringer, Chaizman; Members Charles Grigonis, Jr., Joseph H. Sawicki and James Dinizio, Jr. Board Members absent were: Serge Doyen, Jr. Also present were Doreen Ferwerda, the Board's Secretary and Court Stenographer (per contractual agreement with the Town for stenographic services). ~ith the all the pub s (as ~otice). (except as noted in }f Hearings). The transcripts of attached agenda have been prepared bya and copies of the board decisions as filed with the Town Clerk's Officeand 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.) APPEALS BOARD MEMBERS ~---~d P. Goehringer, Chairman ~,~ Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOU~OLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephon~ (516) 765-1800 AGENDA _REGULAR/SPECIAL MEETING .THURSDAY. MARCH 29r 1990 7:00 p.m. Meeting to Order I. DELIBERATION/DECISIONS ~ Appl. No. 3917 - UMBRELLA HOME CARE. Variance to the Zoning Ordinance, for permission to construct a sign, proposed sign is not permitted in this Residential/Office (RO) District. 1000-102-02-12.1. /Appl. No. 3909 - JOSEPH CORNACCHIA. Variance to the zoning ~' Ordinance, for permission to construct an accessory s~ed .in frontyard area. 1000-070-13'20.5. d Appl. No. 3916 - GEORGE REINHARDT. Variance to the Zoning Ordinance, for permission to construct deck addition, proposed Cfi construction~exceeds permitted lot coverage and has insufficient setbacks from property line. 1000-31-12-10. .4 Appl. No. 3906'~ CHARLES COLOMBO. Variance to the Zoning Ordinance, for permission to construct a deckaddition to ' exi: )nstruction will haveinSufficient sideyard Setbacks. 48.. ? Appl. No. 3903 - LINDA DAMBASSIS. Variance tO the Zoning Ordinance. for permission to construct accessories' garage, pool and additions to dwelling in frontyard ar~a. 1000-83'227.2. Page 2 - Agenda Regular/Special Meeting - March 29, 1990 Southold Town Board of Appeals I. DELIBERATIONS/DECISIONS, continued z Appi. No. 3912 - EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, for permission to construct additions to a oneffamily dwelling, proposed construction will have insufficient side yard setbacks. 1000-037-01-17.1. ~Appl. No. 3924 - MICHAEL HERBERT. Special Exception to the Zoning Ordinance, for change of use from Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. 1000-140-2-23. ~ Appl. No. 3918 - JOHN AND CATHERINE SIMICICH. -Special Exception to the Zoning Ordinance, for permission to have a Winery for Production and Winery Sales. 1000-121-1-001. -- ~ ~ to th~e 7:30 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance Zoning Ordinance, Article XII, Section 100-121C - 122, Section 100-239d, as disapproved for pelmission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot t0.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 7:35 p.m. Appl~No. 3908 - ROBERT OCHSENRF3fERAND EDWARD LENCESKI. Variance for reversal of building permitto construc% a one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. III. MISCELLANEOUS: A. RESOLUTION, scheduling and advertising the following matters for a Regular Meeting to be held on Thursday, April 19, -1990. (a) LIOS. Variance'tO th~. zoning - Ordinance, Article XXIV, Section 100~244, for permission to construct deck addition to existing pool, proposed construction will exceed permitted lot coverage and will have insufficient side yard setback, 1000-106-1-14. (b) Appl. No. 3925 - ELSIE PARKIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30 A.3, Article~I, Section 106-20), Bulk and Parking Regulations, for this division of land, 1000-104-04-27. Page 3 - Agenda ~egular Meeting - March 29, 1990 Southold Town Board of Appeals III. MISCELLANEOUS, continued (c) Appl. No.3926 - MURRAY JACOBS. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to construct.accessory shed in sideyard, 1000-53-5-9. (d) Appl. No. 3914 - EVA HALLA. Variance to the Zoning ~Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Regulations, Article-XXIII, Section 100-239.4, Building setbacks from water bodies and wetland, 1000-083-01-01. Ie) Appl. No, 3921 - EILEEN VILLANI. Variance to the Zoning.Ordinance. Article XXIII, Section 100-239.4 B, for permission to construct addition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetland, 1000-086-06-10. (f) Appl. No~ 3919 - THOMAS COLLINS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead, 1000-35-5-20. (g) Appl. No. 3927 - MARK AND ELLIE GORDON. Variance tQ the Zoning. Ordinance, ~rticle III, Section 100-33, for permission to attach accessory building to tennis court in front yard area, 1000-087-01-184. (h) Appl. No. 3923 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct addition to dwelling and accessory ~ garage, proposed construction will have insufficient front yard setback, Article III A, Section 100-33, accessory building may be located in the required rear yard, 1000-118-04-06. (i) Appl. No. 3922 - ROBERTAND THERESA TURNER. Variance to the Zoning Ordinance,. Article III, Section 100-30. A. 4, for permission to construct an attached swimming pool to dwelling, Bulk Area~and Parking Regulations, 1000-126-03-17. (j) Appl. No. 3930 - JOHN PERRONE. Special Exception to the Zoning Ordinance, for permission to use as a Billiard Parlor for commercial recreation, 1000-122-6-31. Page 4 - Agenda R~gular/Special Meeting - March 29, 1990 Southold Town Board of Appeals III. MISCELLANEOUS, continued TENTATIVELY setting the following hearings for the April 19, 1990 Regular Meeting, upon receipt of requested information. (j) Appl. No. 3907 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.2 (Article XXV, Section 100-253 A), for pezmission to construct a Retail/Office complex, proposed construction is not pezmitted in this R-40 Zone District, 1000-102-03-01. (k) Appt. No. 3915. - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, for permission to construct Office/Retail stores, proposed construction is not a permitted use in this District, 1000-34-2-1. VI. UPDATES: A. COMMUNICATIONS - Written concerns from William Moore Re: Appeal No. 3770 - Port of Egypt B. ~CODE COMMITTMM: Updates for the Board for this week's meetings. NEXT CODE COMMITTEE DATE: March 29~ 1990 April 12, 1990. C. Vote of the Board to reappoint Joseph H. Sawicki to the Zoning Board of Appeals APPEALS BOARD MEMBERS '~rd 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 SCO'ri' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS AppI. No. 3917 Matter of UMBRELLA HOME CARE. Variance to the Zoning Ordinance, Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, proposed sign is not permitted in this Residential/Office (RO) District. Property Location: 2B455 Main Road, Cutchogue, County Tax map No. 1000, Section 102, Block 02, Lot 12.1. WHEREAS, a public hearing was held and concluded on March 15, 1990-in the matter of the Application of UMBRELLA HOMECARE under Appeal No. 3917; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Member 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, Route 25, Hamlet of Cutchogue, County Tax Map No. ~1000, Section 102, Block 02, Lot 12.1. 2. This is an application for Variances from the Zoning Code Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, proposed sign is not permitted in this Residential Office (RO) District. Page 2 - Appl. No. 3917 Matter of UMBRELLA HOME CARE Decision rendered March 29, 1990 3. Article VII, Section 100-71 C, of the Zoning Code, accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: 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 sign in any other location on the premises will require other variance relief; (c) that the area chosen for the sign 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 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. 3917 Matter of UMBRELLA HOME CARE Decision rendered March 29, 1990 RESOLVED, to GRANT a Variance in the matter of the application of UMBRELLA HOME CARE under Appeal No. 3917, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the sign not exceed 17 inches in height and 35 feet in length. 2. That the sign will be attached to the back of the porch posts from one beam to another.~ 3. That the elevation level from the ground be approximately 6 feet 10 inches in height from grade. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio (Absent Serge Doyen). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS -d 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 Supervmor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3909 Matter of JOSEPH CORNACCHIA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory shed in frontyard area. Property Location: 835 Kimberly Lane, Southold, County Tax Map No. 1000, Section 070, Block 13, Lot 20.5. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter'of the Application of JOSEPH CORNACCHIA under Appeal No. 3909; 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 east side of Kimberely Lane, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 070, Block 13, Lot 20.5. 2. This is an application for Variances from the Zoning Code Article III, Section 100-33, for permission to construct an accessory shed in frontyard area. Page 2 - Appl. No. 3909 Matter of JOSEPH CORNACCHIA Decision rendered March 29, 1990 3. Article III, Section 100-33, of the Zoning Code, 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, s~bject to the following requirements: A. Such buildings 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 of the required rear yard. 4. The subject premises in question is improved with a Log frame house, located approximately 17.3 feet from the northwest corner of the house and 17.9 feet from the northeast corner of the house, on this 1.260 acres. 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 shed in any other location in the frontyard area will require other variance relief; (c) that the area chosen for the accessory shed 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 ali 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. 3909 Matter of JOSEPH CORNACCHIA Decision rendered March 29, 1990 RESOLVED, to GRANT a Variance in the matter of the application of JOSEPH CORNACCHIAas applied under Appeal No. 3909, SUBJECT TOT HE FOLLOWING CONDITIONS: 1. That the 10 X 20 ft. accessory shed remain one story and be approximately 24 ft. from Kimberely Lane and 24 ft. from the north property line. 2. That the accessory shed only be used for storage purposes andonly consist of electricity. df GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS  d 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 SCO'rT L. HARRIS Sq~visor Town Hall, 53095 Main Road P.O. Box 1179 SouthoM, New York 11971 Fax (5t6) 765-1823 Telephone (516) 765-[800 ACTION OF THE BOARD OF APPEALS Appl. No. 3916 Matter of SEORGE REINHARDT. Variance to the Zoning Ordinance, Article III, Section 100-31, as disapproved, for permission to construct a deck addition, proposed construction exceeds permitted lot coverage and has insufficient setbacks from property line. Property Location: 1380 Pvt. Road, 93 Trumans Path, East Marion, County Tax Map No. 1000, Section 31, Block 12~ Lot 10. WHEREAS, a public hearing was held and concluded onMarch 15, 1990 in the matter of the Application of GEORGE REINHARDT, under Appeal No. 3916; 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 Main Road, Hamlet of East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 12, Lot 10. 2. This iS an application for Variances from the Zoning Code ArticlelIII, Section 100-31, for permission to construct deck addition, proposed construction exceeds permitted lot coverage and has insufficient setbacks from property line. Page 2 - Appl. No. 3916 Matter of GEORGE REINPIARDT Decision rendered March 29, I990 3. Article III, Section 100-31, In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intendedor designed to be used in whole or in part for any uses except the following. 4. The subject premises for the house is approximately 26 ft. by 50 ft., the deck is 7+- ft. from the south property line, 20 ft. from the west property!ine and the house and deck is 2,000+- sq. ft. in this R-40 Zone District. 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 deck in any Other location on the premises will require other variance relief; (c) that the variance will not in turn cause a substantial effect on ~the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below-. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of GEORGE REINHARDT as applied under Appeal No. ~ 3916, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck indicated on survey dated remain unroofed and.opened. Vote of the Board: Ayes: Messrs~Goehringer, ~Grigonis, Sawicki~ and Dinizio (Absent Serge Doyen). This resolution was duly adopued. df GERARD P. GOEHRINGER, IRMAN APPEALS BOARD MEMBERS rd 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 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3906 Matter of CHARLES COLOMBO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. WHEREAS, a pttblic hearing was held and concludedon March 15, 1990 in the matter of the Application of CHARLES COLOMBO under Appeal No. 3906; 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 the east side of Oak Street, ~amlet of Cutchogue, District, County Tax Map No. 1000, Section I36, BloCk I, Lot 48. 2. This is an application for variances from the Zoning Code Article XXIV, Section 100-244 B, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient sideyard setbacks. Page 2 - Appl. No. 3906 Matter of CHARLES COLOMBO Decision rendered March 29, 1990 3. Article XXIV, Section 100-244 B of the Zoning Code, 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 in question is improved with a one and a half story frame house and is 6 ft. 7 inches from the north property and 58 ft. from Oak Street. 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 deck in any other location on the premises will. require other variance relief; (c) that the area chosen for the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the~safety, health., welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3906 Matter of CHARLES COLOMBO Decision rendered March 29, 1990 RESOLVED, to GRANT a Variance in the matter of the application of CHARLES COLOMBO, under Appeal No. 3906, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there not be any further encrochment of the deck in any way to the south property line. 2. That the deck remain its present size of 12 X t6ft. 3. That it remain the same not attached to the house and remain unroofed. df GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS rd P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Ir. Telephone (516).765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box !t79 Southold,,New York 11971 Fax (516)765-1823 Telephone (516). 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3903 Matter of LINDA DAMBASSIS. Variance to the Zoning Ordinance Article III, Section 100-33,- (Article XXIII, Section 100-239.4 (A), as disapproved, for permission to construct accessories' garage, pool and additions to dwelling in frontyard area. Property Location 2430 Dignan~s Road, Cutchogue, County Tax Map No. 1000, Section 83, Block 2, Lot 7.2. W~EREAS, a public hearing was held and concluded on March 15, 1990 in the matter ~of the Application of LINDA DAMBASSIS, under Appeal No. 3903; 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 inquestion, its present zoning, and the surrounding areas; and ,WHEREAS, the Board made the following findings of fact: 1. The premises in question is locatedalong the north side of Oregon Road, Hamlet of Cutchoque, and is identified on the Suffolk County Tax maps as District 1000, Section 83, Block 2, Lot 7.2. 2. This is an application for Variances from the Zoning Code Article II,.Section 100-33 (Article XXIII, Section 100-239.4 (A), as disapproved for permission to construct accessories' garage, pool and additions to dwelling in front yard area. Page 2 - Appl. No. 3903 Matter of LINDA DAMBASSIS Decision rendered March 29, 1990 3. Article 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. Article XXIII, Section 100-239.4 (A), Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound. (1) Ail buildings located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 4. The subject premises for the proposed and existing building area will contain 2,030+- sq. ft. for the first floor, 900+- sq. ft. for the second floor, 1,240+- sq. ft. for the deck first floor and 125 sq. ft. for the deck second floor. 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 the appellants to pursue; and placing the proposed accessories' garage, pool and additions to dwelling in any other location on the premises will require other variance relief; (c) That the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (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. 3903 Mat~er of LIN-DA DAMBASSIS Decision rendered March 29, 1990 RESOLVED, to GRANT a Variance in the matter of the Application of LINDA DAMBASSIS as applied under Appeal No. 3903, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the existing and proposed decks in the rearyard area not be attached to the one family dwelling and that they remain unroofed. 2. That the deck not be any closer than 49 ft. from the top of the bank. 3. That the garage and any additions to the o~e family dwelling be located as shown on the site plan dated December 7, 1989 by Samuels and Steelman. 4. That the 25 ft. by 45 ft. pool be placed as shown on the site plan dated December 7, 1989 by Samuels and Steelman and that the pool meet all State building code regulations regarding fence. Vote of the ~oard: Messrs. Ayes: Goehringer, Grigonis, Dinizio, and Sawicki (Absent Serge Doyen). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS .4 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 SUl~rvisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-I.800 ACTION OF THE BOARD OF APPEALS Appl. NO. 3912 Matter of EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, Article III A, Section 100-30.A.3, for permission to construct additions to one fa~iiy dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 380 Parsons B~ulevard, East Marion, County Tax Map No. 1000, Section 037, Block 01, Lot 17.1. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of EDWARD AND CORRINE BIRDIE under Appeal No. 3912; 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: idel Section ocatedalong~ the~west Marion, and'is the Su~ .... Tax Maps as District I000, ,..BloCk 01~ Lot 17~.1 .... 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30A.3, for permission to Page.2 - Appl. No. 3912 Matter of EDWARD & CORRINE BIRDIE Decision rendered March 29, 1990 3. Article III, Section 100-30A~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 that 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. The subject premises for the proposed extension is 12+- ft. from the south property line and 14+- ft. from the north property line in this R-40 Zone District. 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 othermethod for appellants to pursue;~ and placing the proposed additions totheone family dwelling in any other location on the premises will require other variance relief; -(c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and allthe above factors, the interests of justice will be served by granting .thevariance, 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~ofthe Application of ~DWJ~.D & CORRINE BII~DIE as applied, SUBJECT .TO THE FOLLOWING CONDITIONS: 1. That there shall be nofurther encroachments into the sideyards. Voteof the Board: Ayes: Messrs, Goehringer, Grigonis, Sawicki and Dinizio, (Absent Serge Doyen). This resolution was duly adopted. df GERARD P. GOEHRIGNER, APPEALS BOARD MEMBERS rd 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 Sulx~isor Town Hall, 53095 Main Road P.O. Box 1179 · Sonthold, New York 11971 Fax (5t6) 765-1823 Telephone (516) 765-1800 ACTION OF .THE BOARD OF APPEALS Appl. No. 3924 Matter of MICHAEL HERBERT. Special Exception to the Zoning Ordinance, Article IX, Section 100-91 (B), for change of use from a Bed and Breakfast to a three family dwelling in this Hamlet Business (PIB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Block 2, Lot 23. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of MICHAEL HERBERT, under Appeal No. 3924; 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 Pike Street in the Hamlet of Mattituck, and is -identified on the SUffolk county Tax Maps as District 1000, Section 140, BlOck 2, Lot 23. 2. ThiS is an application for a Special'Exception from the Zoning Code Article IX, Section 100-91 B 4, permission for change of use from a Bed and Breakfast to a three family dwelling. Page 2 - Appl. No. 3924 Matter of MICHAEL HERBERT Decision rendered March 29, 19.90 3. Article IX, Section 100-91 B 4 of the Zoning Code, Uses permitted by special exception by the Board of Appeals, the following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, s,~hject to site plan approval by the Planning Board: (4) Apartments may be permitted over retail stores and business professional and governmental offices, subject to the following requirements: 4. The subject premises consists of a total area of approximately one-half acre with 85+- ft. frontage along Pike street and an average lot depth of 239 +- feet, and improved with the following structures: (a) a two-story framed, single- family dwelling, having setback of 39+- ft. from its front property line and sideyards of 26 feet and 34 feet, and (b) an accessory garage located in the rearyard area with an insufficient setback of one foot, more or less, from the easterly side property line. 5. It is further noted for the record that a use variance under Appeal No. 3472 was denied without prejudice on May 28, 1986, also noted is a application for a Special Exception under · Appeal No. 3539 was approved conditionally on September~ 11, 1986. 6. In considering this application, the Board finds and determines: (a) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in the adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience and/or order of theToWn; (c) that in carefully con~sidering.the reCord and all the above factors, the interests ,of justice wiI1 be served bY 'granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr..Goehringer, seconded by Mr.. Grigonis, it was ~ Page 3 - Appl. No. 3924 Matter of MICHAEL HERBERT Decision rendered March 29, 1990 RESOLVED, to GRANT a Special Exception in the matter of the application of MICHAEL HERBERT, under Appeal No. 3924, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Bed and Breakfast be withdrawn before permit commences on or about September 15, 1990, but not later than October 1, 1990. 2. The applicant must submit specific plans and specifications to the Building Department for its review, to any alterations internal and external to the dwelling, and to comply with Building Codes to include N.Y.S. Fire Code. 3. That applicant be granted two (2) apartments other than the manager's quarters, which is to be owner o6cupied. 4. If this applicant or any subsequent applicants choose not to withdraw said Bed and Breakfast permit, the decision made b~ the Board on March 29, 1990 becomes null and void by December 31, 1990. df ,d 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 SCOT1~ L, HARRIS Supe~isor Town Hall, 53095 Main ROad P,O. Box .1179 Soathold, New York 11971 Fax {516) 765-1823 Telephooe (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3918 Matter of JOHN AND CATHERINE SIMICICH. Special Exception Zoning Ordinance, Article III, Section 100-31, for permission to have a winery for production and winery sales. Property Location: 4250 Bergen Avenue, Mattituck, County Tax Map No. 1000, Section 121, Block 1, Lots part of 001. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of JOHN AND CATHERINE SIMICICH under Appeal No. 3918; 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 ~ollowing findings of factr 1. This is an application pursuant to the requirements of -Article III, Section 100-31 for a Special Exception] S~bsection B (13) for permission to establish Winery use for the production and retail sales of wine produced'from grapes primarily grownon the vineyard on which such winery is located. 2. The premises in question is a 5.6-acre (+) parcel located in the Agricultural-Conservation (A-C) Zone District, located on the west side of Bergen Avenue and north side of Sound Avenue, Hamlet of Mattituck. 3. The subject premises is improved with a two-stOry framed barn structure and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 121, Block 1, Lot part of 001. Page 2- Appeal No. 3918 Matter of JOHN AND CATHERINE SIMICICH Decision rendered March 29, 1990 3. Submitted for consideration are plans A, B, C, and D, depicting the the two story existing building and proposed surrounding buildings. The new construction for the north side of the existing barn is a deck that is to be set back 196' (+-) of the north property line and the west side of the building is 210' (+-) from the property line (vacant land), the west side building is also 63 (+-) from the northwest corner and 108 (+-) from the northeast corner. The parking area will contain 31 parking stalls and is-proposed to be 20' from the west propert~ line (vacant land) and 88' from the 3-4 ft. high evergreen screening to the south property line Inow or formally David Starwood). The existing and proposed entrance drive will be 25 ft. in width and will have a egress and ingress onto Bergen Avenue, as shown on Plan "B". 4. It is noted for the record that reviews have been made and are pending by the Planning Board for site-plan approval. 5. It is the position of this Board that activities and operations of the winery at the requested sletback of approximately 20 ft. from the easterly property line is not within the best interests or the advancement of the health, safety and general welfare of the public in general and particularly the immediate neighboring property(ies). It is the opinion of this Board that such activities can have 25 ft. buffer located from the easterly property line and such a requirement is not unreasonable under the circumstances. 6. In considering this application, the Board finds and determines that the conditional grant of this use: (a) will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; will not adversely effect the safety, health, welfare, comfort, convenience or order of the Town;. (c) is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Dinizio, seconded by Mr. -Goehringer, it was Page 3 Appl. No. 3918 JOHN AND CATHERINE SIMICICH Decision rendered March 29, 1990 RESOLVED, to GRANT a Special Exception for a Winery for the Production and Retail Sales of Wine produced from Grapes primarily Grown on this Vineyard in the Matter of the - Applicationof JOHN AND CATHERINE SIMICICH. under Appl. No. 3918, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the~parking area be located a minimum of 25 ft~ from its closest point to the easterly property line and be continuously scre~ned~ and maintained with an evergreen buffer 2. Ail screening shall be shown on the plans submitted, with a minimum of 3 ft. high evergreens, staggered and spaced close enough to block visibility from the neighboring properties beginning at a point* on the southwest corner of the property line (Starwood) running a distance of 210 (+-) ft. to the north; 3. No expansion of the winery areas will be permitted without further application and consideration by the Board of Appeals; 4. Any and all lighting must be shielded tothe property. 5. Ingress and egress to the winery shall only be off of Bergen Avenue as requested by the Planning Board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Absent Serge Doyen, Fishers Island). This resolution was duly adopted. df GERARD P. GOEHRINGER, * Beginning at a-point where the northeasterly side of sound ~Avenue intersects' with~the easterly side of Bergen~Avenue from said point, running Easterly along Sound Avenue 484.71 ft. to a point which said point is~the division linebetween the lands of Simicich and Starwood. Thence running along said division line a distance of 185 ft. to the point or place of beginning. Thence from said point on plans of beginning (shrubs shall be placed running for a distance of 210 (+-) to the northeasT. Southold Town Board of Appeals Regular Meeting: March 29, 1990 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary Town Cl?.rk, Town