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HomeMy WebLinkAboutZBA-05/01/1990 SPECAPPEALS 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 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES SPECIAL MEETING TUESDAY, MAY 1~ 1990 A Special Meeting was held by the Southold Town Board of Appeals on Tues~ay,,Mayr 1, 1990 , commencing at 7"30 o'clock p.m. at the Southold Town Hall, Main Road, $outhotd, New York. Present were: Gerard P. Goehringer, Chairman; x~rx.~ Charles Gri~onis, J~es Dinizio , Joseph Sawicki. Absent was: Serge Doyen The Board proceeded with the first item on the agenda, said agenda attached for reference. 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 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 AGENDA SPECIAL MEETING TUESDAY~ MAY 1. 1990 7:30 Meeting to Order I. DECISION/DELIBERATIONS: (a) App!. No. 392.6 - MURRAY JACOBS. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct an accessory shed in side yard, accessory buildings may be located in the required rear yard. property Location: 1180 Sage Boulevard, Greenport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. (b) Appl. No. 3927 MARK AND ELLIE GORDON. Variance to th~ Zoning Ordinance, Article III, Section 100-33, as diSapproved, for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. ProI~rty Location: Private Road ~7, Fords Road, Southold, County Tax Map No. 1000, Section 087, Block 01, Lot 18.4. (c) 3928 - SAMUEL AND RACHEL SALZMAN, Variance to thc -nan~e,.Article III ~, SectiOn 100-30 A.3, as disapproved to construct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks. Property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County Tax Map No. 1000, Section 144, Block 5, Lot 22. Page 2 - Agenda Special Meeting - May 1, 1990 Southold Town Board of Appeals I. DECISIONSJDELIBERATIONS, continued (d) Appl. No. 3920 - A. LIOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for ~0 permission to construct a deck addition to existing pool, proposed construction exceeds permitted lot coverage, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 14. (e) Appl. No. 3921 EILEEN VILLANI. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 B, for permission to construct deck addition to existing one family dwelling, proposed construction will be Within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Peconic, County Tax Map No. 1000, Section 086, Block 06, Lot 10. (f) Appl. No. 3919 - THOMAS COLLINS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 4.B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 20. (g) Appl. No. 3930 - JOHN C. PERRONE. Special Exception to the Zoning Ordinance, Article X, Section 100-10tB, for permission to occupy and use as a billiard parlor for co~m~erciat recreation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 1000, Section 122, Block 6, Lot 31. (h) Appl. No. 3922 - ROBERT AND THERESA~. Variance to the Zoning Ordinance, Article iii, Section. 100-30 A.4, Bulk an~ Parking area, for permission to construct an attached swimming pool to house. Property Location: 1525 Albo Drive, Laurel, County Tax Map No. 1000, Section 126, Block 03, Lot 17. (i) Appl. No. 3925 - ELSIE PkP=KIN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and parking RegulatiOns in this Division of Land. Property Location 7575 Skunk Lane, CUtchogue, County Tax Map No. 1000, Section 104, Block 04, Lot 27. (j) Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121 C - 122, Section 1~00-239d, as disapproved for permission to construct B6at 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 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. Page 3 - Agenda Special Meeting - May 1, 1990 SoutholdTownBoard of Appeals II. RESOLUTION, scheduling and advertising the following matters for a Regular meeting to be held on Tuesday, May 15, 1990 (a) Appl. No. 3939 - George Schneider. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk Area and Parking regulations, 1000-104-01-29. (b) Appl. No. 3936 - LUCAS FORD. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C-9 E, for permission of an off premises sign. 1000-63-01-1.6. (c) Appl. No. 3940 - HAROLD TAUBIN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, Section 100-33, for permission to construct an accessory building in front yard area. 1000-65-1-23. (d) Appl. No. 3923 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Section 100-33, for permission to construct addition to dwelling and accessory garage, proposed construction will have insufficient front yard setback, accessory structures may be located in the required rear yard. 1000-118-04-06. (e) Appt. No. 3929 VINCENT ANNABEL. Special Exception to the Zoning Ordinance, Article III~ Section 100-30 B.t5, for permission to construct alterations for an accessory apartment in this residential area. 1000-137-2-21. (f) Appl. No. 3933 - PAMELA VALENTINE. Variance to the Zoning Ordinance, ArtiCle XXIII, Section 100-231 A, for permission to construct a 8 ft. fence in frontpard area, proposed fence in the front yard are not to exceed 4 ft. in height. 1000-019-02-5&6. (g) AppI. No. 3932 - MATHIAS &MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239.4 A, for permission to construct a swimming po01, construction within 100 ft. of Long Island Sound'. 1000-014.-02-3.5. (h~ Appl. No. 3931 - JOSEPH SHIPMAN. Zoning Ordinance, Article X, Section 100-102, Bulk, and parking Requirements, for permission to institute a second business. 1000-125-01-19.7. (i) Appl. No. 3937 PATRICK LOHN. Ordinance, Article XXIII, Section 100-239.4 construct a storage shed and deck, proposed within 75 ft. of the bulkhead. 1000-B7-3-57. the Zoning to be Page 4 m Agenda Special Meeting - May l, 1990 Southold Town Board of Appeals II. RESOLUTION, continued ~j) Appl. No. 3934 JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A (1), for permission to construct addition to one family dwetling, proposed construction is less than 100 ft. from Long Island Sound. 1000-40-D1-13. (k) Appl. No. 3935 - JCM SALES & LE~SIN~ Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4, for permission to construct an accessor~deCk, proposed construction will be less than 100 ft. from Long Island Sound. 1000-40-01'11.1. (1) Appl. No. 3945 - BIDWELL VINEYARDS. Variance to the Zoning Ordinance, Article ~II, Section 100-30, for permission to set up temporary tent for cultural events, proposed temporary tent doesn't address the code in this A-C District. 1000-096-04-4.3. (m) Appl. No. 3943 - ~RE~'S SEAFOOD DOCK AND MARKET INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(1), (100,31C), for permission to construct an off-premises sign, proposed construction is not a permitted use in this District. 1000-35-1-8. (n) Appl. No. 3942 DAVID AND MARYANN CREATO. Variance to the Zoning Ordinance Article tli, Section 100-31 (A) t, for permission to have a second dwelling, only one (1) family dwelling permitted on each lot. 1000-106-08-51. (o) Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, proposed construction will have insufEicient Eront yard setback. 1000-59-1-21.6-21.7. (p) Appl. No. 3938 - VILLAGE MARINA. Variance to the (q) Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVII, Section 100-281 (3), as disapproved, for permission to construct additions and alterations to garage with apartment. 100~-3-7-5. Page 5 - Agenda Special ~eeting - May t, 1990 Southold Town Board of Appeals III. COMb~01fICATtON$: (a) Received requested information regarding Jordan Partners. IV. MISCELLANEOUS A. The Board will be reviewing the modification of Application and determine Lead Agency of Gustave Wade. B. LEGISLATIVE COMMITTEE: Updates for the Board for this week's meetings? NEXT LEGISLATIVE COMMITTEE MEETING DATE: THURSDAY~ MAY 10, 1990 at 7:30. B. DEPARTMENT HEADMEETING - Thursday~ May 3, 1990 at 9:30 a.m. in the conference room. BO D MEMBERS ard 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. 3926 Matterof MURRAY JACOBS. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct an accessory shed in side yard, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, Greenport, County Tax map No. 1000 Section 53, Block 5, lot 9. ' WHEREAS, a public hearing was held and concluded on April 19, 1990 in the.matter :of the application of MURRAY JACOBS, under Appeal No. 3926; and WHEREAS, at said hearing all those who desiredto belheard were heard and their testimony recorded; and WHERE~S, the Board made the following findings of fact: '- 1. ~The premises in question is located along the e~ side of Sage Boulevard, Hamlet of Greenport, on the Suff.olk county Tax Maps as District 10.00, Section Block 5, Lot 9. 2. ~ This is an application for Variances from the Code Article III, Section 100-33, fOr permission to accessory shed in side yard area. Page 2 - Appl. No. 3926 Matter of MURRAY JACOBS Decision rendered May 1, 1990 3. 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 building and structures or other accessory 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 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) .~that there is no other method for appellants to pursue; and placing the proposed accessory building in any Other location on the premises will require other variance relief; ~(c) that the area chosen for the accessory building is not unreasonablylocated; ~ (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 ¢ above factors, the interests of ~ granting the variance, as applied conditionally Accordingly,.on motion by Mr. Goehringer, seconded by Mr. Dinizio, it~was Page 3 - Appl. No. 3926 Matter of MURRAY JACOBS Decision rendered May 1, 1990 RESOLVED, to GRANT a Variance in the matter of the application of MURRAY JACOBS as applied under Appeal No. 3926, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the shed be 75+- ft. from the right-of-way, 30+- ft. from the Basin and 3 ft. from the northwes= property line. 2. That t~e accessory building only be used for storage purposes and contain no utilities. 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, r~ALS BOARD MEMBERS ard 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 ,%taex~isor Town Hall 53095 Main Road P~O. Box I179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3928 Matter of SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III A, Section 100u30 A.3, as disapproved, for permission to construct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks, property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County tax Map No. 1000, Section 144, Block 5, Lot 22. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of SAMUEL AND RACHEL SALZMAN, under Appeal No. 3928; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WqIEREAS, 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 oflfact: The premises ln question is locat~ eas~ side of Old Salt Road and the south side~ of e in this R-40 Zone District, Hamlet of Mat' is identified on the Suffolk County Tax Maps as District 1000, Section. 144, Block 5, Lot 22. 2. This is an application for Variances from the Zoning code Article III A, Section 100-30 A.3, for permission to construCt additionto an existing dwelling, proposed structure will ha~e!insuf~fiCient front yard setbacks. Page 2 - Appl. No. 3928 Matter of SAMUEL & RACHEL SALZMAN Decision rendered May 1, 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. The subject premises is improved with a one (1) story framed house in this R-40 Zone District, the proposed addition will be 6 ft.from the east side of Old Salt Road and 25+- ft. from the south side of Rochelle Place. 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 nonconfo£~ties; (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 atl'.the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehrigner, seconded by Mr. Sawicki it was RESOLVED, to GRANT a Variance in~.the matter'of the 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, ..ar~ALS 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 SCOTr 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. 3921 Matter of EILEEN VILLANI. Variance to the Zoning Ordinance, Article XXIII, Section 109-239 B, for permission to construct deck addition to existing one family dwelling. proposed construction will be within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Peconic, County Tax Map No. 1000, Section 086, Block 06, Lot 10. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of EILEEN VILLANI, under Appeal No. 3921; 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 Wood Lane, Hamlet of Pec°nic, and is identified on the Suffolk County Tax Maps as. District 1000, Section 086i, Block 06, Lot 10. 2. This is an application for Variancesfrom the Zoning Code Article XXIII, Section 100-239 B, for permission to construct a deck addition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetlands. Page 2 Appl. No. 3921 Matter of EILEEN VILLANI Decision rendered May 1, 1990 3. Article XXIII, Section 100-239 B, Ail buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than Sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: 4. The subject premises in question: (a) is located in the R-40 Zone District; (b) will contain an area of 38,635 square feet; (c) is improved with a one story framed house and a framed garage with an attached glass greenhouse. 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 addition 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) thatthe vaziance 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 3921 Matter of EILEEN VILLANI Decision rendered May 1, 1990 RESOLVED, to 'GRANT a Variance in the matter of the application of EILEEN VILLANI as.applied under Appeal No. SUBJECT TO THE FOLLOWING CONDITIONS: 3921, 1. That the deck which is attached to the ho~se not encroach any further than 39.8 ft. to the bulkhead and that any further additions to the deck come before this Board under 239.4 of the Zoning Code. 2. That the deck be unroofed and that any lighting used to light the deck be shielded to the property. 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, CHAIRMAN ard~ALS BOARD MEMBERS 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]-F 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. 3919 Matter of THOMAS COLLINS. Variance to the Zoning Ordinance, article XXIII, Section 100-239 4.B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 20. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of THOMAS COLLINS, under Appeal No. 3919; and WHEREAS, at said hearing all those who desired to he.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 Dawn Drive, Hamlet of East Marion, ~n the Suffolk COUnty Tax Maps as District 1000, 35, Block 5, Lot 20. 2. This is an application for Vaziances from the Zoning Code Article XXIII, Section 100-239.4 B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Page 2 - Appl. No. 3919 Matter of THOMAS COLLINS Decision rendered May 1, t990 3. Article XXIII, Section 100-239.4 B, Ail buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 4. The subject premises for the proposed deck will be 49+- feet from the east property line, 15+- feet from the south property line as shown on the survey dated September 6, 1989 by Young & Young architects and contains 19,743 square feet in this R-40 Zone District. 5. For the record it is noted that the subject premises has been the subject of a prior Appeal before the Board of Appeals under Appl. No. 2807, for approval of a storage building, proposed building not a permitted use on a vacant lot in this R-40 District. 6. 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 thereis no other method for appellants to pursue; and placing the proposed deck in any other location on ~he premises will require other variance relief; (c) that the area chosen for the deck is not unreasonably located; ~ (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) that in carefully considering he 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. Sawicki, it was Page 3 - Appl. No. 3919 Matter of THOMAS COLLINS Decision rendered May 1, 1990 RESOLVED to GRANT a Variance in the matter of the application of THOMAS COLLINS as applied for under Appeal No. 3919, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain unroofed. 2. That any lighting be placed at ground level and any overhead lighting be shielded to the property. 3. That any further additions come before the Zoning Board of Appeals under Article XXIII, Section 100-239.4 B. 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, CHAIRMAN rard~iALS BOARD MEMBERS 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'l~f L. HARRIS S~rvisor 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. 3930 Matter of JOHN C. PERRONE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial recreation. Property Location: Main Road, State Road 25, Mattituck, Count~ Tax Map No. 1000, Section 122, Block 6, Lot 31. WHEREAS,-a public hearing was held and concluded on April 19, 1990 in the matter of the Application of JOHN C. PERRONE under Appeal No. 3930; 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 presenE zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. ~ The premises in question is located along th~ north side of Main~Road, State'Road 25, Hamlet of Mattit~k, CoUnty Tax Map No. 1000, Section 122, Block 6, Lot 31. 2. This is an application for Variances from the Zoning Code Article X, Section 100-10lB, for permission to occupy and use as a billiard parlor for commercial recreation. Page 2 - Appl. No. 3930 Matter of JOHN C. PERRONE Decision rendered May 1, 1990 3. Article X, Section 100-101B, 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 herinafter provided, subject to site plan approval by the Planning Board. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance hall billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to co~Lercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular act~ivity. 4. In considering this application, the Board _finds and determines: (a) that there is no other method for appellants to pursue; and opening a billiard parlor for commercial recreation on the premises will require a special exception; (b) that the area chosen for the billiard parlor is not unreasonable located; (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. Goehringer, it was Page 3 - Appl. No. 3930 Matter of JOHN C. PERRONE Decision rendered My 1, 1990 RESOLVED, to GRANT a Special Exception in the matter of the application of JOHN C. PERRONE as applied under Appeal No. 393~, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the hours of the billiard parlor be from twelve p.m. till twelve a.m. during the weekdays and that on Friday Saturday and Sunday it will be operated from one p.m. till two a.m. 2. That there be no alcoholic beverages on the premises and that there only be prepackaged food and no cooking facilities. 3. That the building contain air conditioning and heating to prevent the doors from being opened to reduce the noise level. 4. That the playing of music shall be reduced to a level that cannot be heard from the exterior of the building. 5.~ That the Special Exception goes along with the property and to all subsequent owners of the lease while the billiard parlor is active. 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, CHAIRMAN C~ALS BOARD MEMBERS ard 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 SCOT1~ L. HARRIS S~-visor Town Hall. 53095 Main Road P.O~ Box 1179 Southold, New York 11971 lax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3922 Matter of ROBERT AND THERESA TURNER. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, bulk and parking area, for permission to construct an attached swimmin~ pool to house. Property Location : 1525 Albo Drive, Laurel, County Tax Map No. 1000, Section 126, Block 03, Lot 17. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of ROBERT AND THERESA TURNER, under Appeal No. 3922; 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 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 Albo Drive, Hamlet of Laurel, and is identified on the Suffolk County Tax maps as District 1000, Section 126, Block ~3, Lot 17, 2. This is an application for Variances from the Zoning~ Code Article III A, Section 100-30 A.2, for permission to construct an attached swimming pool to house, proposed construction will have insufficient bulk, area and parking regulation. Page 2 - Appl. No. 3922 Matter.of ROBERT & THERESA TURNER Decision render May 1, 1990 3. Article III A, Section 100-30 A.3, Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered the Low-Density Residential R-40 District unless that same confoz~L.s 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 is improved with a one story framed house and the proposed pool from the southwesterly property line will be approximately 7+- feet 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 pool in any other location on the premises will require other variance relief; (c) that the area chosen for the 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 consideringthe record and all the above facts, the interests of justice will be servedby granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Sawicki,'it was Page 3 - Appl. No. 3922 Matter of ROBERT & THERESA TURNER Decision render May 1, 1990 RESOLVED, to GRANT a Variance in the matter of the application of ROBERT & THERESA TURNER as applied under Appeal No. 3922, SUBJECT TO THE FOLLOWING CONDITIONS: 1. that the pool not encroach any closer than 7+- ft. to the southwesterly property line. 2. That the easterly side yard remain open for ingress and egress to gain access to the rear yard. 3. That any lighting to the pool be shielded to the property. 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, CHAIRMAN ('~'-'~ALS BOARD MEMBERS G'elard P. Goehringer, Chairman Charles Grigonis, Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS ~uqpervisor Town Haft. 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. 3925 Matter of ELSIE (JERRED) PARKIN. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, Bulk and Parking Regulations in this Division of Land. Property Location: 7575 Skunk Lane, Cutchogue, County Tax Map No. 1000, Section 104, Block 04, lot 27. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of ELSIE PARKIN, under Appeal No. 3925; 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 iSkunk Lane, Hamlet of Cutchogue, and is identified on the SUffolk COunty Tax Maps as District 100~, Section I04, Block 04, Lot 27. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30A.3 Bulk and Parking Regulations in this Division of Land. Page 2 - Appl. No. 3925 Matt~rof ELSIE (JERRED) PARKIN DecisiOn rendered May 1, 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. The subject premises in question for Lot one (1) will be 37,500+- square feet, and contain a one and a half story house, 12+- ft. from the north property line and lot two will be 27,400 square feet and contain a one story framed house approximately 10 ft. from the north property line and 14+- ft. from the east property line. 5. In considering this application, the Board finds and detezmines: (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 any division of this land 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. Sawicki, seconded by Mr. Grig~is, it was Page 3 - Appl. No. 3925 Matter of ELSIE {JERRED) PARKIN Decision rendered May 1, 1990 RESOLVED, to GRANT a Variance in the.matter of the application of ELSIE (JERRED) PARKIN as applied under Appeal No. 3925, SUBJECT TO THE FOLLOWING CONDITIONS: That both houses conuain a valid Certificate of Occupancy. That the parcels be divided as shown on map by R. Va~ Tuyl Dated 12/12/90, Lot number one (1) contain 37,500 sq. ft., Lot number two (2) 27,400 sq. ft. Vote of the Board: Ayes: Messrs. Goehrigner, Grigonis, Dinizio and Sawicki (Absent Serge Doyen, Fishers Island). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN ("-~EALS BOARD MEMBERS ~.,ard 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 Hail. 53095 Main Road P.O. Box 1179 SouthoM, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3770. Matter of the Application of the PORT OF EGYPT ENTERPRISES, INC. for a Variance to the Zoning Ordinance, Article XII, Section 100-121C- 122, Article ~XII (Section 100-239D as disapproved by the Building Inspector) for permission to construct boat storage building with insufficient setbacks and ~xcessive lot coverage in this Marine II (M-II) Zoning District. Property location: Main Road, Southold, NY; County Tax Map District 1000, Section 056, Block 04, 06, Lot 10.1, · 11, 12.2, 3.2, 3.3, 4, 6.1. WHEREAS, public hearings were held on September 21, 1989, December 19, 1989, February 1, 1990, and March 29, 1990; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present and previous zoning classifications, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: Page 2 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May 1, 1990 1. By this application, applicant is requesting variances to the zoning code as to area setbacks for the construction of a boat-storagebuilding for the inside storage of boats, of. var.i~us S~z~-.~ .ma.ny (presently) stored at the premises out,of-doors and (presently) without appropriate screening or setbacks due to the existing nature 0f ~he bu~]d4n§$ & uses of the premises under consideration. 2. The premises in question is located on the south side of the Main Road (State Route 25) in the Hamlet and Town of Southold, contains a total site area of 4.96 acres (216,058 sq. ft.), and is more particularly identified on the Suffolk County Tax Maps as District i000, Section 056, Block 4; LOts 10.1, 11, 13.2, and Section 056, Block 6, Lots 3.2, 3.3,~ 4, 6.1. 3. The subject premises is located in the M-II Marine Zone District and is and has since prior to the enactment of the zoning ordinance in 1R57beenused for outside boat storage, as well as marinas uses, retail and wholesale uses, engine and boat repairs, servicing, maintenance, sales to the general public, office use, restaurant use, fishing, and other marina and fishing station-type uses, and many accessory uses relative thereto. 4. The variances necessary in this project and requested by the applicant are as follows: (a) insufficfent sideyard setback for the proposed building at the easterly yard area at a minimum of 15 feet, and (b) insufficient southerly setback from the proposed building to the inside of the bulkhead along the watersedge at a minimum of 38 feet (40 feet, more or less, to the outer edge of the existing bulkhead). 5. The sections Of the zoning code applicable are as follows under the current zoning code and master plan amendments as adopted: (a) sideyard variance Bulk Schedule; Article XII, Section 100-122 and (b) setback from bulkhead - Article ~II, Section Page 3 - Appeal No. 3770 Matter of I±ORT OF EGYPT ENTERPRISES, INC. Decision Rendered May 1 , 1990 6. The building as proposed herein is shown on the property and building plan lastly dated April 11, 1990, and shows: (a) the building to be of a size 203 feet by 125 feet; (b) the setbacks of the proposed building to be 15 feet from the easterly property line at its closes~ point; 38 feet (to the bulkhead existing to the south (along the waters edge); minimum of 35 feet to the front property line at its closest point in: accord- ance with the required setback of the code; and approximately 59 feet ~to the westerly line along the basin (c) the existing metal building, sheds, restaurant building, docks, bulkheads, concrete slabs, ramps, office and shop structure, and four existing buildings which are to be removed, as well as the proposed parking plan for all uses at the site. 7. For the record it is noted that: (a) the subject premises has been the subject of prior determinations by the Board of Appeals under: (1) Appt. No. 3086 rendered May 19, 1983 - Denial to construct addition with an insufficient fr0ntyard and for retail sales; (2) Appl. No. 3481-SE and 3494 rendered:May 28, 1986 conditionally approving replacement of fuel storage tan.k,s, with insufficient setbacks; ~ (3) Appl. No. 3525 rendered July 31, 1986' for Special Exception approval concerning location of fuel tanks.. (b) this project is also under consideration by the Southold Town Planning Board for site plan approval under Article XXV of the Zoning Code, and as of this date, is still pending. (c) under ~the N~Y~S. Envirornuental Quality Review Act (SEQRA), this action for area setbacks has been deemed to be exempt as a Type II Action for coordination; however, such exemption does not prohibit or restrict any other department or agency to further evaluate or declare any other status under SEQRA. Page 4 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May ] , 1990 7. (d) subsequent to the filing of this application, applicant has amended the application to eliminate the necessity for a variance as to excessive lot coverage and as to reduced front yard setback. The percentage of lot coverage for all buildings, existing and proposed, is shown to be 29.91% (64,615 sq. ft.), and the maximum permitted under the zoning code in this zone district is 30%. (e) all ot~er areas of the bulk schedule will be, upon informa- tion and belief, in compliance with the zoning code, including the height of the proposed building, that being the vertical distance measured from the average elevation of the existing grade adjacent to the building (before any alteration or fill) to the mean height between eave(s) and ridge for roof types other than flat or mansard (or to the highest point of the~roof for a flat or mansard roof). (See HEIGHT in Section 100-13 Definitions, and bulk schedule height limitation at 35 feet in this M-II zone district). 8. In considering the variances requested, the Board finds: (a) the amount of relief requested at to the side yard is substantial at 10 feet; howeVer the buildings now existing along the easterly yard area substantially nonconforming as to setbacks will be removed, and the .placement of the sUbject building will be at a greater setback than as exists; (b) the unique characteristics of the land and its present Conforming uses~(such as outside boat storage and related outside activities) lend to the hinderance of better maneuverability of boats~ better accessibility, minimizing overall congestion, better interior circulation, better parking and traffic accessways, and general good Order and safety~ ~' (c) there is no alternative available for appellant to pursue other than a variance; (d) the practical difficlties are uniquely related to the Page 5 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, I~C. Decision Rendered Nay 1 , 1990 land and are not personal to the applicant; (e) the relief, as granted and further noted below, will not in turn be adverse to the safelty, health, welfare, com~ort, convenience or order of the town; (f) the relief, as granted and further noted below, will aid in minimizing overall congestion, help to improve interior circulation and aid to its general good order and safety of the public; (g) there will be no substantial adverse change in the character of this marine district; (h) strict application of the ordinance will, if the variance is denied, cause continued congestion and poor on-site circulation, and will hinder improvement to accessways for vehicles and pedestrians (without proper zoning restrictions and controls); (h) the variance will not in turn cause a substantial effect of increased density or be adverse to the safety, health, welfare, comfort, convenience or order of the town; (i) the existing nonconformities of the existing buildings within the easterly yard areas will be eliminated; (j) in view of the manner in which the difficulty arose and in considering all of the above factors, the interests of justice will be served by .granting the variances, as further noted below. - NOW, therefore, on motion by Mr. Dinizio, secOnded by Mr. Sawicki, it was Page 6 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May I; 1990 RESOLVED, to GRANT the relief requested for a setback from the easterly sideyard at 15 feet and for a setback from the existing bulkhead at its closest point at 38 feet, as applied under Appeal No. 3770 in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC., SUBJECT TO THE FOLLOWING: 1. That the building be used as applied for boat storage only; 2. That the size of the proposed,building be not larger than as applied (203' by 125'); 3. That the lot coverage not exceed thirty (30%) percent, for all buildings for the entire marina-restaurant site, excluding concrete slabs at 6" or less from ground level; 4,. That the parking plan included all properties owned jointly and/or separately to provide for additional parking (specifically the parcel located along the north side of the Main Road in which the applicant has an interest as well as those parcels described, supra). 5. That it ~is recommended that the building be of,a color neutral'to the aquatic surroundings so as to blend in(with the natural surroundings.) 6. - That the setbacks not be reducsd to less than 15 feet at the easterly side property line and not less than 38 feet to the bulkhead (to the south) at its closest points at any time. 7. Ail roof runoff be retained in leaching basins. - Vote of the, Board: Ayes:, ~ Messrs. Goehringer,' Dinizio, Gri~onis and Sawicki. Absent was: Member Doyen of Fishers Island. This ' resolution was duly adopted by unanimous vote of all members present. ~/GERARD P. GOEHRINGER, SOUTHOLD TOWN BOARD OF APl Southold Town Board of Appeals SPECIAL. ME~TI~G: May 1, 1990 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary L~LC;~IVED AND FILED BY T~E SOUT~©LD TOWN CLEP~ To~ Clork, Tom o~ Sou~old