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HomeMy WebLinkAboutZBA-05/30/1990 SPEC'-'%EALS 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 .%pe CS.-al MERTING WEDNESDAY, MAY 30, 1990 A Spe-'cll%%~t, Meeting was held by the Southold To~ Board of Appeals on Wednesday, May 30, 1990 con~aencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Members Serge Doyen, Jr., Joseph H~ Sawicki and James Dinizio, Jr. Board Menmbers absent were: Charl.es Grig0nis, Jr. Also present were Doreen Ferwerda, the Board's'Secretary and Court Stenographer (per contractual agreement with tl~e Town for stenographic services). · ~ne Board proceeded with the all the public hearings(as advertised in the Legal NotiCe). ~ring each of.the ~hearings, testimony Was. given and the hearing was immediatelyconcluded thereafter (exceptas noted in the &tt~%ched Transcripts of Hearings). T~e transcripts of all the hearingslisted on the attached agenda have been prepar~l by a courtstenographer, and copies of the board decisions as filed with the TownClerk's Office and S.E.Q.R.A. declarations are attach~ 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.) ~ALS 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 Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-1823 Telephone (516) 765-1800 AGENDA SPECIAL MEETING WEDNESDAYr May 30t 199~ 7:00 Meeting to Order DECISIONS/DELIBERATIONS (a) Appl. No. 3940 - HAROLD AND SARA TAUBIN. Variance to the zoning Ordinance, Article III, Section 100-30 A.4 (100-33), for permission to construct an accessory building in frontyard area. (b) Appl. No. 3937 - PATRICK LOHN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct a deck. (c) Appl. No. 3935 - JCM SALES AND LEASING. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4, for permission to construct an accessory deck. (d) Appl. No. 3934 - JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A(1), for permission ~o construct an addition to one family dwelling. (e) ~ppl. No. 3936 LUCAS FORD. Special Exception to the zoning Ordinance, Article III, Section 100-31 C.9 (:E), for permission to install an off-premises sign. (f) Appl. No. 3934 GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section i00-30 A. 2 C(1) (100-31C), for permission to construct an off-premises sign. Page 2 - Agenda Special Meeting - May 30 Southold Town Board of Appeals I. DECISION/DELIBERATIONS (g) Appl. No. 3945 - BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III. Section 100-30, for permission to set up a temporary tent for cultural events. Ih) Appl. No. 3929 - VINCENT ANNABEL. Special Exception to the Zoning Ordinance, Article III, Section i00-31, for permission to have an accessory apartment. ii) Appl. No. 3932 - MATHIAS AND MAUREENMONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239.4 A, for permission to construct a swimming pool? Ii) Appl. No. 3939 - GEORGE SCHNEIDER. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling. (k) Appl. No. 3932 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, section 100-30A.3, (100-30), for permission to construct addition to dwelling and accessory garage in front yard area. (1) Appl. No. 3931 - JOSEPH SHIPMAN. Variance to the Zoning Ordinance, Article X, Section 100-102, for pezmission to institute a second business. (m) Appl. No. 3942 - DAVID AND MART CREATO. Variance to the Zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling. In) Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, iArticle XXVII, Section 100-281 13), as disapproved, for permission to construct additions and alterations to garage with apartment. (o) Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for ~ermission to construct a one family dwelling. Page 3 - Agenda Special Meeting - May 30, 1990 Southold Town Board of Appeals II. PUBLIC HEARING 7:30 p.m. Appl. No. 3920 - A. LIOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct deck additions. 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. 7:35 p.m. Appl. No. 3933- PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in the front yard area. Fence in the front yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7:40 p.m. Appl. No. 3914 - EVA HALLA. ~Variance to the Zoning Ordinance, Article. III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, Area and Parking, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. 7:45 p.m. Appl. No. 3895 - ROBERT AND ET~ELLE SCHROEDE~. Variance for reversal of the building inspector for change of use of land and existing building without obtaining a certificate of OccUpancy. Property location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. ~:50 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.2 (Article XXV, Section 100-253 A), as disapproved, for permission to construct a retail/office complex, proposed construction is not permitted in this R-40 Zone District. Property Location: 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Block 03, Lot 01. -- 7:55 p.m. Appl. No. 39t5 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores. Proposed construction is not permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. Page 4 - Agenda Special Meeting - May 30, 1990 Southold Town Board of Appeals III. RESOLUTION determining N.Y.S. Environmental Quality Review Act status on the following Type II Actions (no further SEQRA action required): (a) Appl. No. 3920 - A. Lios (b) Appl. No. 3933 - Pamela Valentine (c) Appl. No. 3914 - Robert and Ethelle Schroeder (d) Appl. No. 3907 - Nicholas Aliano (e) Appl. No. 3915 - Jordan's Partners IV. RESOLUTION, scheduling and advertising the following matters for the June 28, 1990 Regular Meeting. (a) Appl. No. 3944 - ANTHONY MERCORELLA. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an two car accessory garage in the front yard area. 1000-145-04-04. (b) Appl. No. 3946 - MATTHEW KAR. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, Article XXIV, Section 100-244B, for permission to construct addition to dwelling. 1000-128-4-4. (c) Appl. No. 3947 - JAMES MARK. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, Article XXIV, Section 100-244B, for permission to construct addition to existing dwelling. 1000-37-1-18. (d) Appl. No. 3948 - ORIENT BY THE SEA. Special Exception to the Zoning Ordinance, Article IIIA, Section 100-30A.2 C(1), (100-31C), for permission to construct an off-premises sign. 1000-40-04-01. (e) Appl. No. 3949 - FRANCES FRISBIE. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, (I00-33), for permission to construct an accessory building in front yard area. 1000-118-5-2.1. (f) Appl. No. 3701 - CHARLES ZAHRA. Variance to the Zoning Ordinance Article XIV, Section 142 of the Zoning Code for a Reversal of Determination of Building Inspector in his Revocation of Building Permit ~15428X issued October 27, 1986. 1000-141-4-5. V. MISCELLANEOUS (a) The Board is still awaiting payment regarding the application of Gustave Wade for referral to Cramer, Voorhis & Associates. Page 5 - Agenda Special Meeting May 30, 1990 Southold Town Board of Appeals VI. UPDATES: A. LEGI~SLATIVE COMMITTEE: Updates for the Board for this week's meetings. NEXT LEGISLATIVE COMMITTEE DATE: THURSDAY! June 28t1990 B. DEPARTMENT HEADMEETING: To be held in the Conference Room at 9:30 a.m. on Thursday, June 7, 1990 (~;ALS 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 Hail, 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. 3940 Matter of HAROLD & SARA TAUBIN. Variance to the Zoning Ordinance, Article III A, section 100-30 A.4, (100-33), for permission to construct an accessory building in frontyard area. Accessory buildings may be located in the required rear yard. Property Location: 625 Terry Lane, Southold, County Tax Map No. 1000, Section 65, Block 1, Lot 23. WHEREAS, a public hearing was held and ooncluded~ on May 15, 1990 in the matter of the Application of HAROLD & SARA TAUBIN, under Appeal No. 3940; and WHEREAS, at said hearing all those who desired to be heard were heardand their testimony recorded; and WHEREAS, theBoard Members have personally viewed and are familiar with the premises in question, its present zOnlng and the surrounding areas; and WHEREAS, theBoard made the following findings of fact: 1. The premises in question is side of Tel Town of Southold, and is Suff ~t 1000, Section Lot 23. , 1, 2. This isan application for Variances from the Zoning Code Article III A, Section 100-30 A.4, Section 100-30 A~4 (100-33), for permission to construct an accessory'building in the frontyard area. Accessory buildings may be located in the required rear yard. Page 2 - Appl. Ho. 3940 Matter of HAROLD & SARA TAUBIH Decision rendered May 30, 1990 3. Article III A, Section 100~30 A.4 (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; height. Such buildings shall not exceed eighteen (18) feet in B. Such buildings shall be set' back no less than three _ (3) feet from any lot line. C. Ail 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 is improved with a summer bungalow, and the proposed 12 X 14 shed will be approximately 16 ft. from the east property Line and 150 ft. from Terry Lane. 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 thefront yard area will require other variance relief; {c) that the variance will not in turn cause a substantial effect on the' safety, health, welfare, comfort, conveni%nce and/or order of the Town; (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 incarefully 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. Sawicki, it was Page 3 - Appl. No. 3940 Matter of HAROT.~ & SARA TAUBIN Decision rendered May 30, 1990 RESOLVED, to GRANT a Variance in the matter of the application of HAROLD & SARA TAUBIN as applied under Appeal No. 3940, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 12 X 14 accessory building be 150+- ft. from Terry Lane and 16 ft. from the East PrOperty Line. 2. That the 12 X 14 accessory building only be used for storage purposes and that it does not contain any utilities. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio (Absent Charles Grigonis). This resolution was duly adopted. df GERARD P. GOEHRINGER/HAIRFLAN ~'ALS BOARD MEMBERS Gerard 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 SCOTF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box I 179 SouthoM. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3937 Matter of PATRICK LOHN. Variance to the zoning Ordinance, article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard,: Southold, county Tax Map No. 1000, Section 87, Block 3, Lot 57. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of PATRICK LOHN, under Appeal No. 3937; and WHEREAS, at saidhearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have persionally viewed and are familiar with the premises in question, its pre~ent zoning, and the surrounding areas; and ' 3. WHEREAS, the Board made the following findings of fact: 1. The premises in question is side of Minnehana Boulevard, Town of Southc on the SuffOlk County Tax. Maps as District 1000, Section 87, Block 3, Lot 57. 2. This is an application for Variances.from the Zoning Code ArticIe XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be within 75 ft. from the bulkhead. Page 2 - Appl. No. 3937 Matter of PATRICK LOH~ Decision rendered May 30, 1990 3. Article XXIII, Section i00v239.4 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 is vacant land with the exception of a accessory shed decision rendered July 6, 1977 under Appl. No. 2311. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely relatedto the premises and its established nonconformities; (b) that there is no other method for appellants to tPursue; and placing the proposed deck in any other location on he 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 incarefully 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 byMr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, %oGRANT a Variance in the matter of the appli~ationi of PATRICK LOHN~ as applied under Appeal No..~3937, SUBJECT TO THE FOLLOWING CONDITIONS. .~ 1. That t~e. approximately 13 X 14 deck not be elevated more than 12inches from the bulkhead and remainunroofed. 2..:iThat the storage shed maintain the conditions as stated in the decision dated July 7, 1977 under Appeal No. 23111 Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio (Absent Charles Grigonis). This resolution was duly adopted. GERARD P. ~}erard 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. 3935 Matter of JCM SALES AND LEASING. Variance to the Zoning Ordinance, Article XXIII, Section 239.4, for permission to construct an accessory deck, proposed construction will be less than 100 ft. from the top of the bluff of Long Island Sound. Property Location: 62825 North Road, Greenport, County Tax Map No. 1000, Section 40, Block 01, Lot t1.1. WHEREAS, a publichearing was held and concluded on May 15, 1990 in the matter of the Application of JCM SALES AND LEASING, under Appeal No. 3935; 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 familiarwith the premises in question, its present zoning, and the surrounding areas; and I. The premises inquestion is located along:the northwest side of NOrth ROad~ County Road 48, H~mletof Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 40, Block 01, Lot 11;1. 2. This is an application for Variances from the zoning Code Article XXIII, Section 239.4, for permission to construct an accessory deck, proposed construction will be less than 100 ft. from the top of the bluff of Long Island Sound. Page 2 - Appl. No. 3935 Matter of JCM SALES AND LEASING Decision rendered May 30, 1990 3. Article XXIII, Section 100-239.4 A (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 is improved with a one and a hal~ story split level framed house in this R'80 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 thereis 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. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Varianc~ ~in the matter of the application of JCM SALES AND LEASING as applied under Appeal No. 3935, SUBJECT TOT HE FOLLOWING CONDITIONS: 1. that the 14 X 14 ft. deck not encroach over the lip area of the bluff and-to remain even or.landward'of the top of the bank and the deck"is to remain unroofed. Vote of the Board: Ayes: Messrs. Soehringer, Dinizio, Sawicki and Doyen, (Absent Charlie Grigonis). This resolution was duly adopted~ df /..--GERARD P. GOEHRINGER~HAIRMAN ( ~ALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawieki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOrlT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 SouthokL New York 11971 Fax (516) 765-1823 Teleplmoe (516) 765~1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3934 Matter of JOYLON STERN. Variance to the Zoning Ordinance, article XXIII, Section 100-239.4 A(t), for permission to construct addition to one family dwelling. Proposed construction will be less than 100 ft. from the top of the - bluff. Property Location: 63035 County Road 48, Greenport, County Tax Map. No. 1000, Section 40, Block 01, Lot 13. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the application of JOYLON STERN, under Appeal No. 3934; and WHEREAS, at saidhearing all those who desired to be heard were heard and their'~testimo~y recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, it present zoning, ~and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises, in question is lo~ated side of County Road 48, Hamlet of on the Suffolk County Tax Maps as District 1000, Section 40, Block 01, Lot 13. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 239.~ A(1), for permission to construct addition to a one family dwelling. Proposed construction will be less than 100 ft. from the top of the bluff. Page 2 - Appl. No. 3934 Matter of JOYLON STEP~N Decision rendered May 30, 1990 ~3. Article XXIII, section 100-239.4 A(1), Not with- standing 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 ~ ) All 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 as improved with a two and a half story framed house and includes 1.5760 acres in this R-80 Zone 'District. 5. In considering this application, the Board.findsand determines: (a) that the ~circumstances 0f 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 w~ll not an turn. cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; [e) that:in carefUi'ly considering the record and all the above factors, the interest 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 Page 3 - Appl. No. 3934 Matter of JOYLON STERN Decision rendered May 30, 1990 RESOLVED, to GRANT a Variance in the matter of the application of JOYLON STERN under Appeal No. 3934 SUBJECT TO THE FOLLOWING CONDITIONS: ' 1. That the 14 ft. 8 in. by 20 ft. two story addition be located approximately 15+- ft. from the west property line and remain 35+- at its close, point from the top of the bluff as drawn in on the survey dated October 31, 1989 by Peconic Surveyors. 2. That the wooden retaining wall on the west side-remain in its present position as shown on the survey by Peconic Surveyors dated October 31, 1989 and that the entire rear yard from the house to the top of the bluff remain undisturbed except for a 3 ft. over cut for this addition. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Sawicki, and Doyen (Absent Charles Grigonis). This resolution was duly adopted. df (~.ALS 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 ACTION OF THE BOARD OF APPEALS Appl. NO. 3936 Matter of LUCAS FORD. Special Exception to the Zoning Ordinance,.Article III, Section 100-31 C.9 (e), for pezmission to install an off-premises sign. Property Location:43600 County Road %48, Southold, County Tax Map-No. 1000, Section 063, Block 01, Lot 1.6. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of LUCAS FORD, under Appeal No. 3936; 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 premisesin 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 southwest corner of Horton's Lane and north of County Road %48, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 063, Block 01, Lot 1.6. 2. This is an application for a SpeciaT Exception from the Zoning Code Article III, Section 100-31 C.9 (e), for permission to install an off-premises sign. Page 2 - Appl. No. 3936 Matter of LUCAS FORD Decision rendered May 30, 1990 3. Article III, Section 100-31 C.9 (e), The following signs, s~bject to the supplementary sign regulations herinafter set ~orth in Article XX: (e) Such other signs may be authorized as a SPecial exception by the board of Appeals as herinafter provided. 4. The subject premises is owned by Pudge Corporation and is vacant land in this Business Zone District, County Tax Map 1000, Section 63, Block 01, Lot 1.6. 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 off-premises sign in any other location on the premises will require Special Exception relief; (c) that the area chosen for the sign 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, asappTied'conditionally noted below~ Accordingly, on motion by Mr. Goehringer, seconded by Mr.~ . Doyen, it was Page 3 - Appl. No. 3936 Matter of LUCAS FORD Decision rendered May 30, 1990 RESOLVED, to GRANT a Variance in the matter of the application of LUCAS FORD as applied under Appeal No. 3936, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the sign not exceed 4 X 6 ft. or 24 sq. ft. and not to be lighted. 2. That the sign not be any closer than 25 ft. from County Road 948, and not be any closer than 75 ft. of Horton's Lane. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio, (Absent Charlie Grigonis). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN -~ALS 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3943 Matter of GREG'S SEAFOOD DOCK & MARKETING, 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. Off-premises signs are not permitted in this District. Property Location 69435 Route 48 & 55 Sound Road, Greenport, County TaX Map No. 1000, Section 35, Block 1, Lot 8. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of GREG's SEAFOOD DOCK & MARKETING, INC. under Appeal No. 3943; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members Have personally viewed and are familiar with the premises~in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1, The premises in question is located along the west side'of Sound Avenue and t~e north side of Route 4~, GreenPort, County Tax Map No. 1000, Section 35, Block 1, Lot 8. : 2. This is an application for a Special Exception from the Zoning Code Article III A, Section 100-30A.2 C(1), for permission to construct a off-premises sign. Proposed construction not permitted in this district. Page 2 - Appl. No. 3943 Matter of GREG'S SEAFOOD DOCK & MARKETINg, INC. Decision rendered May 30, i990 3. Article III A, Section 100-30 A.2, C(1) (100-31C), A¢cessoryuses, limited to the following uses and subject conditions listed herein: 4. The subject premises is vacant land owned by Theodore andMaria Petikas, on the corner of sound Road and County Route 948 in this Agricultural {A) Zone District. 5. In considering this application, the Board finds an determznes: (a) that there is no other method for appellants to pursue; and placing the sign in this District will require other Special Exception relief; (b) that the area chosen for the sign is not unreasonably lbcated; (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. Doyen, it was RESOLVED, to.GRANT a SpeCial'Exception in the matter of the applicatio~ of GREG'S SEAFOOD DOCK &.MARKETING, INC. as applied under Appeal No. 3943, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 4.X 6 doubled faced.sign be not be -triangular, that'there be two posts atleast four (4) ft. off the ground not to obstruct the view. 2. That the 4 X 6 signbe set back 30 ft. from the south and east property lines. Page 3 - Appl. No. 3943 Matter of GREG'S SEAFOOD DOCK & MARKETING, INC. Decision rendered May 30, 1990 3. That the applicant remove any trees or debris on the corner for a clear view when entering or exiting onto Sound Road or North Road Route $48. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawick and Dinizio (Absent Charlie Grigonis). This Resolution was duly adopted. df GERARD Po GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS ~_ .>ard P. Goehringer, Chairman Charles Gfigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TO~ OF SOU~OLD 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 BOAP~ OF APPEALS Appl. No. 3945 Matter of BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III, Section 100'33, for permission to set up a temporary tent for cultural events. Proposed tent does not address this condition in A-C Zone District. Property Location: 18910 County Road ~48, Cutchogue, County Tax Map No. 1000, ~ Section 096, Block 04, Lot 4.3. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of BIDWELL WINERIES, under Appeal No. 3945; 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 side of Route 48, Hamlet of Cutchoque, and is SUffolk County Tax Maps as District 1000 Section 96, Block 04, Lot 4.3. 2. This is.an ~application for Variance from the Zoning Code Article III, Section 100-30, for approval of a temporary tent for cultural events, proposed tent does not address this condition in A-C Zone District. Page 2 - Appl. No. 3945 Matter of BIDWELL VINEYARDS Decision rendered May 30, 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-2'00 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 significant portion of the town's econQmy 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 fa~L. acreage. At the same time, thetown has an obligation to exercise its authority to reaSonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interest of farmers and other fazmland owners. 4. Also noted for the record under Appeal No. 3732 fora 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 skstch Drawing prepared by Guili & Showers dated May 31, 1988 under Drawing No. A-1. ' Also noted for the record under Appeal No. 3882 for approval of consumer tasting and retail sales from the Winery. In this decision rendered Februar~ 15, 1990 it states: (a) That the Winery sell their wine product in the 20 X 20 building presently located in the front of the building, conditionally for three (3) years from date of this decision. Ih) That this decision is subject to Site Plan Approval by the Southold Town Planning Board. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was Page 3 - Appl. No. 3945 Matter of BIDWELL VINEYARDS Decision rendered May 30, 1990 5. 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 districts; (b) that there is no other method for appellants to pursue; and placing the proposed temporary tent in any other location on the premises will require other variance relief; (c) that the area chosen for the temporar~ tent 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. RESOLVED, to GRANT a Variance in the matter of the applicatio~ of BIDWELL VINEYARDS as applied under Appeal no. 3945, SL~BJECT TO THE FOLLOWING CONDITIONS: 1. That the temporary tent only be used as a secondary and an incidental use for the production and sale of Bidwell Wines and for the purpose of advertising or for the tasting of Bidwell wines and not for the'sale of non-wine products such as posters, paintings or any other objects/products that have not been grown or produced on the premises. 2. That the temporary tent only be granted for a maximum period of ninety-five [95)days from the date of this decision, this tent must be dismantled and removed by SePtember 15, 1990. 3. That this approval is expresSly contingent upon the applicant providingforty (40) on site parking spaces, the applicant must provide enough stone blend surface to provide adequate parking. 4. That the existence of any off premises parking is a direct violation of this temporary permit and renders this decision null and void. Page 4 - Appl. No. 3945 Matter of BIDWELL VINEYARDS Decision rendered May 30, 1990 5. That the tent meet any and all fire code regulations and is to be inspected by a Southold TownBuilding Inspector. 16. That this decision is also expressly contingent on the appli~cant's representation that it will vigorously and continuously pursue site plan approval from the Southold Town Plan~ing Board for the subject winery. In the event that this Boar~ is advised that the above stated condition has been violated, this permit shall, upon notice to the applicant, become null and void. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki, Dinizio and Doyen (Absent Charles Grigonis]. This Resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN (~ALS 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 SOIJTHOLD 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. 3929 Matter of VINCENT ANNABEL. SpeCial Exception to the Zoning Ordinance, Article III, Section 31, for permission to have an accessory apartment. Property Location: 4300 Stillwater Avenue, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of VINCENT ANNABEL, under Appeal No. 3929; 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 'ses in question is located along the northwes .tillwater Avenue, Hamlet of Cutchogue, and is identifi COunty Tax Maps as District 1000, Section 137, Block 2, Lot 21. 2. This is an application for a Special Exception from the Zoning Ordinance Article III, Section 100-31, for permission to have an accessory apartment. Page 2 - Appl. No. 3929 Matter of VINCENT ANNABEL Decision rendered May 30, 1990 3. Article III, Section 100'31, Subsection 14, One (1) accessory apartment in an existing one family dwelling, subject to the following requirements: 4. The s~bject premises is improved with a two story framed house in this R-40 Zone District. 5. In considering this application, the Board finds and determines: (a) that there is no~ other method for appellants to pursue; and any alterations to construct an accessory apartment on the premises will require other special exception relief; (b) that the variance will not in turn cause a s~hstantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) 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. Doyen, it was RESOLVED, to GRANT a Special Exception in the matter of the application of VINCENT ANNABEL as applied under Appeal No. 3929 for an accessory apartment. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio~ (Absent Char~es Grigonis). This resolution was duly adopted. df - ~ALS 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3932 Matter of MATHIAS & MAUREEN MONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A, for pe£mission to construct a swimming pool. Proposed construction will be within 100 ft. of Long Island Sound cliff. Property Location: 2830 Grandview Drive, Orient,. County Tax Map No. 1000, Section 014, Block 02, Lot 3.5. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of MATh-fAS AND MAUREEN MONE, under Appeal No. 3932; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony re~orded; and W~EREAS, the Board Members have personally viewed and are familiar with the p~emises in question, its present zo~g and the surrounding areas; and WHEREAS,~the Board made the following findi~qsof f~c~: 1. The premises in question is loc side of Grand Vi the Suf 02, Lot 3.5. e west on 1000, Section 0iA, Block 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-2~9.4 A, for permission to construct a swimming pool, proposed construction will be Within 100 ft. of Long Island Sound Cliff. Page 2 - Appl. No. 3932 Matter of MATHIAS & MAUREEN MONE Decision rendered May 30, 1990 3. Article XXIII, Section 100-239.4 A, (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 s~bject premises is improved with a two story framed house and contains an area of 53,476+- sq. ft. in this R-40 Zone District, and the proposed 50 X 12 pool will be 58+~ ft. from the top of the bank. 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 considering the record and all the above factors, the interests of j~s%ice will be serVed by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded b~°Mr. Sawicki, it was RESOLVED, to GRANT a Variance in the matter of the application of MATHIAS AND MAUREEN MONE as applied under Appeal No. 3932, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 50 X 12 lap pool be located as shown on the map Dated March 12, 1990 by Roderick Van Tuyl P.C. 2. That the 50 X 12 lap pool not be any closer than 58+- ft. to the top of the bank and not be enclosed. Page 3 - Agenda Matter of MATHIAS & MAUREEN MONE Decision rendered May 30, 1990 Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio (Absent Charles Grigonis). This resolution was duly adopted. df C~ALS 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 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. 3923 -- Matter of ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article III A, Section 100-30A.4 (100-30), for permission to construct addition to dwelling and accessory garage in front yard area. Proposed construction will have insufficient front yardsetback and accessory buildings may only be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Section 118, Block 04, Lot 06. - WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of ROBERT GREDICKunder Appeal No. 3923; 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 aTong the east side of Nassau Point Road, Hamlet of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, Section 118, Block 04, Lot 06. 2. This is an application for Variances from the Zoning code Article III A, Section 100-30A.3, Article III A, Section 100-30A.4 (100-33) for permission to construct addition to dwelling and accessory garage in front yard area. Page 2 - Appl. No. 3923 Matter of ROBERT GREDICK Decision rendered May 30, 1990 3. Article III A, 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 ~istrict unless the same confo£ms 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. Article III A, Section 100-30A.4 (100-33), In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R120, 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: A. Such buildings shall notexceed 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 is improved with a existing two story residence approximately 736 sq. ft. and the area of the proposed addition to the residence (living space first floor)' will be 1850+- sq. ft., area of the existing porch is 360+- sq. ft. and the area of the proposed porch will be 785+- sq. ft., the area of the proposed garage will contain 720+- sq. ft. (a) The site area will contain .9481 acres.(41,300+- square feet) in this R-40 Zone District. 5. In considering this application to 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 additions to the existing dwelling and the accessory garage in any other location on the premises will require other variance relief; (c) that the area Ehosen for the proposed additions to the existing dwelling and the accessory garage is 'not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convnenience and/or order of the Town; Page 3 - Appl. No. 3923 Matter of ROBERT GREDICK Decision rendered May 30, 1990 (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. Sawicki, seconded by Mr. Dinizio it was RESOLVED, to GRANT a Variance in the matter of the application of ROBERT G~ICK as applied under Appeal No. 3923, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the additions not be any closer than 14.6+- ft. from the north property line and 27.4+- ft. from the south property line. 2. That the 30 X 24 ft. accessory garage not be any closer than 15 ft. from the north property line and 175 ft. from Nassau Point Road. 3. That the additions and accessory garage be located as shown on the site plan dated February 2, 1990 by Philip Monastero Architect P.C. 4. That the accessory garage not have any other utilities except water and electricity and not contain any bathroom facilities. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki, Doyen and Dinizio (Absent Charles Grigonis). This resolution was duly adopted.. df GERARD P. GOEHRINGER, CHAIRMAN ~a~S BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki lames Dinizio. Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOIT 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. 3931 Matter of JOSEPH SHIPMAN. Variance to the Zoning Ordinance, article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business area. Property Location: 6619 Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of JDSEPH SHIPMAN, under Appeal No. 3931; and WHEREAS, at saidhearing all those who desired to beheard were heard and theirltestimony 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 WHERE~S, the Boardmade the following findiRgs of fact: I. The premises in question is located along the northwest Side of Main Route 25, Hamlet of Laurel, and is identified , Tax'Map as District 1000, Section 125, 0i, Lot 19.7. 2. This is an application for Variances from the Zoning .. Code Article X, Section 100-102, for permission to institute a second business, bulk, area and parking requirements. Property contains less than required business area. Page 2 - Appl. No. 3931 Matter of JOSEPH SHIPMAN Decision rendered May 30, 1990 3. Article X, Section 100-102, No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the BulkSchedule and Parking and loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulation were set for the herein in full. 4.' The subject premises is improved with two framed buildings, located to the rear of the property is a 50 X 35 building approximately 9 1/2 ft. from the southeast property line, 12 1/2+- ft. from the northwest property line and the second building is located 53+- ft from the north side of Main Road, Route 25 and 25 1/2+- ft. from the west property line. 5. In considering the application, the Board finds and determines: Ia) that the circumstances of the application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and having a second business on this location will require other variance relief; lc) 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 ~nterests of justice will be served by granting the variance, as applied ~onditionally noted below. Accordingly, on motion by Mr.~Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance inthe matter of the application of JOSEPH SHIPMAN as appliedunder Appeal No. 3931, SUBJECT TO T~E FOLLOWINGCONDITIONS: 1. That the 35 X 50 ft. building in the rear of said parcel will be used as a second business that will not to exceed 35 X 50 ft. as it presently exists on the survey dated December 22, 1987 by R. Van Tuyl. Page 3 - Appl. No. 3931 Matter of JOSEPH SHIPMAN Decision rendered May 30, 1990 2. That the applicant place screening forward of the rear parking area, thence starting at a point approximately 135 ft. south of the west side rear corner property monument and running east approximately 120+- with the exception that the applicant may put a driveway for ingress/egress between the screening area not to exceed 10 ft. in width. 3, That the evergreens be approximately 3 ft. in height and be continuously maintained. Vote of the Board: Ayes: Messrs.-Goehringer, Doyen, Sawicki and Dinizio (Absent Charles Grigonis). This resolution was duly adopted. df // ERARD P. GOriNGS. k, CHA RAN Gerard P. ~oehringer, Chairman Charles Grigon'~s, Jr. Serge Doyen, Jr. Joseph H. Sawieki lames Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ~///- SCOFF 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. 3942 .... Matter of DAVID & MARY ANN CREATO. Variance to the zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only one [1) family dwelling permitted on each lot. Property Location: 3439 (ROW) Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. WHEREAS, a public hearing was held and concludedon May 15, 1990 in the matter of the Application of DAVID & MARY ANN CREATO, underAppeal No. 3942; and W~EREAS, at Said hearing all those who desired to be heard were heard and their testimony.recorded; and WHEREAS, the BoardMembers havepersonally viewed and are 'familiar~Wi~h the premises in question, its present zoning, and the surrcundingareas; and WHEREAS, the BOard made thefollowing findings of fact: 1. The Premises in question is located along the north side of Rosewood Drive, Hamlet of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 0B, Lot 51. 2. This is an application for Variances from the Zoning Code Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only one (1) family dwelling permitted on each lot. ?age 2 - Appl. No. 3942 Matter of DAVID &MARYANN CREATO: DeciSion rendered May 30, 1990 3. Article III, Section 100-31 IA) 1, In A-C, R-80, R-120, R-200 and R-400 Districts, no building shall be erected or altered which is arranged, intended Or designed to be USed in whole or in part, for any uses except the following: A. Permitted uses. {1) One-family dwellings, not to exceed one (1) dwelling on each lot. 4. The subject premises is located at 3539 (ROW) of Cox Neck Road, Mattituck, and is improved with a 1 1/2 Story frame Cottage & Barn towards the northern end and towards the southerly end is a 2 story frame house, also two accessory sheds. Access to the property in question is from a 20' Right-of-Way extending north fromCox Neck Road, all improvements are shown on the survey dated February 23, 1990, this parcel contains an Area of 3.16+- acres in this R-40 Zone District. "' 5. In considering this application, the Board finds and determines; (a) that the circumstances of this application are uniq~.e and that the relief granted will not change the characte~ of the neighborhood; (b) that the variance will not inturn cause a s~bstantial effect on the safety, health, welfare, comfQrt, convenience and/or order of the Town; (c) that in carefully considering the record andall the above factors, the interests of justice will be served by granting the variance as applied conditionatlynoted below. Accordingly on motion by Mr. Goehrigner, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the matter of the __.application of DAVID & MARY ANN CREATO as applied under Appeal No. 3942, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Board recognizes that this property lies in the R-40 Zone district therefore permits toconvert existing cottage & barn into a second dwelling with a minimum of 40,000 sq. ft. for each dwelling. q ?~ge 3 - Appl. No. 3942 Matter of DA¥ID & MARY ANN CREATO Decision rendered May 30, 1990 2. That a line be drawn in between the main.house and accessory cottage & barn to comprise of a minimum 40,000 sq. ft. for the guest cottage & barn. This Board would like to have a copy of the final survey showing stipulations required. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df Southold ROAD - STATE ROAD 25 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHAR LES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Appl. No. 3911. Town Board o£Appeals P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF T~LE BOARD OF APPEALS Matter'of WALTER RAFFERT¥ - Application for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241A, (Article ~III, Sedtion 100-281 (3) as disapproved by the Building Inspector) for permission to construct additions and alterations to "garage with apartment" structure. Property Location: East End Road, Fishers Island, NY; County Tax Map District I000, Section 003, Block 07, Lot 005. W~EREAS, public hearings were held both on March 15, 1990~and on May 15, 1990 under this application, and as amended to include not only a variance as to proposed additi0n~n'd alterati0ns but also to reinstate use of said garage structure as a legal nonconform - lng second dwelling; WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and W~EREAS, the Board Members. have personally viewed and are familiar with the premises in question, its present zoning, End the immediate surrounding areas; and 1. The premises in question is situate along Middle Farms Pond at the East End of Fishers Island, Town of Southotd, and is identified on the Suffolk County Tax Maps as District 1000, Section 003, Block 07, Lot 005. 2. The subjectpremises contains an area of 6.2,3+- acres (includ- ing wetland and upland areas) and is improved by two buildings, as follows: Page 2 - Appl. No. 3911 App1. of Walter Rafferty DecisiOn Rendered May 30, 1990 (a) principal (main) single-family dwelling situated at the northern portion of the premises(at elevations above 35 feet above mean sea level) and near center between the two side property lines (the setbacks of the buildings have not been provided for reference); (b) separate "garage" or accessory structure containing approximately 616 sq. ft. of first floor area, and situated easterly of the principal dwelling and closest to the east property line. The dimension of the accessory structure as -- exists is 22' x 28' (+-). 3. This application is an appeal from the January 2, 1990 determination of the Building Inspector and from the April 13, 1990 determination of the Building Inspector based on a "permit to alter and make habitable" requested caretaker garage for living quarters which has been dormant for more than two years and has lost its legal nonconformity and use thereof as living quarters. 4. Article XXIV, Section 100-241A of the Zoning C~d~ provides as follows: "...Except as provided hereinafter, nonconforming use of buildings or open land existing ...may be continued indefinitely, except that such building or use: ~A. Shall not be enlarged, altered, extended, re~%structed or ~estored or placed on a differ- ent portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means -whatsoever .... " 5. The building plans dated November 29, 1989 prepared by James Volney Righter'Architects show substantial renovations and an addition for two stories approximately doubling the existing floor area of the accessory building. The size of the building would also be increased from the existing 22' x 28' to 22' x 56½! (withoUt the deck extension at the southerly end of the building. The uses of the rooms in the proposed addition are for two new bathrooms, two new bedrooms, laundry room, and the remaining sections of the building would be substantially renovated and renewed to provide a full kitchen with cooking and electrical facilities and living room. Page 3 - Appl. No. 3911 Appl. of Walter Rafferty Decision Rendered May 30, 1990 6. For the record it is noted that the February 21, 1989 survey prepared by Chandler Palmer & King, L.S. show an "existing garage" and proposed new location of new septic system to be located north of the structure. 7. It is also noted that copies of a modified survey were submitted showing all structures on the property; however, the original s~rvey as prepared August 1957 (without recent modifica- tions by JVR Architects for the subject addition) was not furnished~ £ 8. It is the position of this Board that the record herein clearly shows that the subject building has for more than two '- years, in any continuous period of time from 1958, and perhaps before 1958, remained dormant and has not been used a habitable quarters, with the exception for possibly several hours, or even a day, as "sleep" or "playing" area for one or more children. No proof has been submitted for the record to show that there was clear intent to use this building for habitable quarters for any period of time. It is the Board's knowledge that the building has depreciated by 50% or more, and that the building is in an~aban- doned~state, and'has been for at least 30 years. 9. Accordingly, it is the determination of this Board that (a) s~fficient proof has not been furnished to warrant a grant of the variances requested; (b) the relief requested is substantial in relation to the zoning rsquirements; (c) the proposal is not consistent with those generally existing in the neighborhood; (d) that there is another method available for appellants to pursue other than a variance; (e) the spirit and intent of the zoning ordinance will be served by denying the relief in this request, as presented; (f) the relief requested is not minimal, and the variances are substantial in relation to the require~ents; (g) the spirit of zoning is to restrict and not increase (or add) nonconforminq uses, and to eliminate such uses as speedily as possible except in cases where great hardsh~ has resulted. NOW, TPIEREFORE, on motion by Mr. Dinizi0, seconded by Mr. G0ehrin§er, it was Page 4 - Appl. No. 3911 Appl. of Walter Rafferty Decision Rendered M~y 30, 1990 RESOLVED, to DENY the relief requested under Appl. Po. 3911 in the Application of Walter Rafferty to reinstate nonconform~ g accessory garage structure for habitable quarters and to DENY the relief requested to enlarge and substantially alter garage structure for said requested habitable quarters. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen and Sawicki. Absent was: Member Grigonis (illness ). lhis resolution wad adopted by unanimous vote of all the members present. ._ GERARD P. CHAIRMAN C EALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Ca'igonis, 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 ) C Appl. No. 3941 Matter of CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 1300 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block 1, Lot 21.6 & 21.7. WHEREAS,. a public hearing was held and concluded on May 15, 1990 in the matter of the Application of CONSTANTINE GEORGIPOULOS, under Appeal No. 3941; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members ha~ personally viewed and are familiar with the premises in question, its present zoning,and the surrounding areas; an~ 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 inlquestion is west side of Lake Drive, Hamlet of Southold, and is :he Suffolk County Tax Map No. 1000, Section 59, Block 1, Lot 21.6 & 21.7. 2. This is an application for Variances from the Zoning Code Article III, Section 100-30 A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Page 2 - Appl. No. 3941 Matter of CONSTANTINE GEORGIPOULOS Decision rendered May 30, 1990 3. Article IIIA, Section 100-30A.3, No building or premises shall be used and no building or parthereof 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 house is approximately 80,143 sq. ft. in.this R-40 Zone District. and will be 119+- ft. from the west property line, 106+- ft. from the east property line, 135+- ft. from the north property line .and 40+- ft. from the south 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 house in any other location on the premises will require other variance relief; (c) that the area chosen for the proposed house 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. Sawicki, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the matter of the application of CONSTANTINE GEORGIPOULOS as applied under Appeal No. 3941, SUBJECT TO.THE FOLLOWING CONDITIONS: Page 3 - Appl. No. 3941 Matter of CONSTANTINE GEORGIPOULOS Decision rendered May 30, 1990 1. That the dwelling be located as shown on the survey b~ Roderick Van Tuyl dated July 10, 1989 and he'no closer than 40+- ft. at its closest point to Lake Drive. 2. That there be a division of Tax Map lots 21.6 and 21.7 into separate and distinct parcels. Vote of the Board: Ayes: Messrs. Goehrigner, Doyen, Sawicki and Dinizio (Absent Charles Grigonis). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN .~ ~kLS BOARD MEMBERS Gerard P. Goehringer, Chairm~n Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1509 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southokl, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF T~E BOARD OF APPEALS Appl. No. 3920 Matter of A. LIOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct deck additions. Proposed construction exceeds permitted lot coverage, and will haveinsufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lgt 14. WHEREAS, a public hearing washeld and concluded on April 19, 1990 and May 30, 1990 in the matter of the Application of A. LIOS under Appeal No. 3920; and WHEREAS, at saidhearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the B6ard Members have personallyviewed 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: side of 1, Lot 14. · ~s in ~question is loca ~amlet~of Mattituck Maps as District I000, Block 2. This isan application for Variances from the Zoning Code Article XXIV, Section 100-244, for permission to construct deck additions. Proposed construction exceeds pe£mitted lot coverage and will have insufficient side yard setbacks. Page 2 - Appl. No. 3920 Matter of A. LIOS Decision rendered May 30, 1990 .3. Article XXIV, Section 100-244, A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date o 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 licensedto 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 law shall be granted relief for front side and rear dimensions as follows. 4. The subject premises contains 10,800+- sq. ft. and contains a one and a half (1 1/2) story framed house with an attached 21 X 14 porch addition approximately 4 ft. from the existing deck which is approximately 6 ft? from th~ south property lire and is located around the 36 X tSswimming pool which is located in the side yard south ofthe existing dwelling in this R-40 Zone District, as shown on the survey dated ' · February 13, 1990 by Anthony W. Lewandowski, 5. This Board questions how the swiming pool and deck application were approved by Town Agencies inthe Sideyard area of this premises. The application~is in direct violation of the strict zoning code which'does not permit accessory structures (such as swimming pools and decks) in the side yard area. 6. In considering this application the Board finds and determines: (a) Therelief requested is not within thecharaCter of claimed are not sufficient to warrant the granting of the relief requested; (c) the circumstances of this property are not unique; (dl that in carefully considering the record and all the above factors the interest of justice will be served by denying the relief' requested as further notedbelow: Page 3 - Appl. No. 3920 Matter of A. LIOS Decision rendered May 30, 1990 df Accordingly, on motion by Mr. Dinizio, seconded byMr. Doyen, it was RESOLVED, to DENY WITHOUT PREJUDICE in the matter of the application oE A. Lios for placement of deck with excessive lot coverage over allowable twenty percent (20%). GERARD P. GOEHRINGER, CHAIRMAN Southold Town Board of Appeals Spec}al Meeting: May 30, 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 SOUTH(DLD TOWN CLF~K s~T~ ~/~/~ ~ou~/ ;'Ja~ ~- Town Clerk, Town