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HomeMy WebLinkAboutZBA-07/11/1990 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chaxrman 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 WEDNESDAY, JULY 11, 1990 A Special ~eting was held by the Southold Town Board of Appeals on Wedne~day,~Jul~ 11, 1990 , commencing at 7:30 o'ctock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Serge Doyen, Jr., Charles Gri~onis, James Dinizio A~sent was: Joseph Sawicki 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 WEDNESDAYr July 11~ 1990 7:30 p.m. Meeting to Order I. DECISIONS/DELIBERATIONS (a) Appl. No. 3948 - MGH ENTERPRISES, INC. - ORIENT BY THE SEA. Special Exception to the Zoning Ordinance, III, Section 100-31 C.9 (e), for permission to construct an off-premises sign. 1000-40-04-01. (b) Appl. No. 3947 - ~AMES MARK. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244 B, for permission to construct an addition to a one family dwelling. 1000-37-1-18. (c) Appl. No. 3944 - ANTHONY MERCORELLA. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct a two car accessory garage in the front yard area. 1000-145-04-04. (d) Appl. No. 3950 - JACQUE KASABA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4 (100-33), Article III A, Section 100-30 A. 3, Article XXIV, Section 100-244, for permission to construct a deck addition to dwelling and accessory pool. 1000-90-3-14. Page 2 - Agenda Special Meeting - July 11, 1990 Southold Town Board of Appeals Ce) Appl. No. 3953 - PETER & CHERYL INZERtLLO. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition to existing one family dwelling. 1000-48-01-17. (f) Appl. No. 3831 - RALPH & PATRICIA PUGLIESE. Special Exception to the Zoning Ordinance, Article III, Section t00-30B (14), for a Winery for the Production, Storage and the Retail Sale of Wine. 1000-097-01-12.1. II. COMMUNICATIONS - received from the Planning Board regardiug Sun Oil Refining and marketing Co., waiting for maps and correspondence from them and requesting a new disapproval from the building inspector under the new Master Plan. COMMUNICATIONS - received from the Planning Board regarding Property Located at 435 East Legion Avenue, Mattituck, 1000-122-03-27. COMMUNICATIONS - Appl. No. 3605 - TED DOWD - requesting a three year extension on decision. III. MISCELLANEOUS (a) Appl. No. 3900 - Gerhard Schremmer - submitted new maps showing house 58+- ft. from the south property line. (b) Appl. No. 3908 - Inland Homes - regarding Article 78 filed July 10, 1990. (c) Discuss personnel within department. IV. RESOLUTION, scheduling and advertising the following matters for the~ July 25, 1990 Regular Meeting. Ca) Appl. No. 3954 - Philip Salice (b) Appl. No. 3957 - Chris, James & Peter Meskouris (c) Appl. No. 3951 Chris, James & Peter Meskouris (d) Appl. No. 3955 - Dom. Splendido & A. Auricchio (e) Appl. No. 3956 - Lloyd Gates (f) Appl. No. 3960 - Thomas Sargent (g) Appl. No. 3701 - Charles Zahra Ch) Appl. No. 3915 - Jordan's Partners 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 A~ION OF THE BOARD OF APPEALS Appl. No. 3948 Matter of MGH ENTERPISES, INC. - ORIENT BY THE SEA. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.9 (e), as disapproved, for permission to construct an off-premises sign. Property Location: 66040 North Road, Greenport, County Tax Map No. 1000, Section 40, Block 04, Lot 01. WHEREAS, a public hearing was held and concluded on June 27, 1990 in the matter of the Application of MGH ENTERPRISES, INC - ORIENT BY THE SEA, under Appeal No. 3948; 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 alonq the south side of North Road, County Road $48, Hamlet of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 40, Block 04, Lot 0t. 2. This is an application for Variances from the Zoning Code Article III, Section 100-31 C.9 {e), for permission to construct an off-premises sign. Page 2 - Appl. No. 3948 Matter of ORIENT BY THE SEA Decision rendered July tt, 1990 3. Article III, Section 100-31 C.9 (e), Accessory uses, limited to the following uses and subject to conditions listed in 100-33 herin: The following signs, subject to the supplementary sign regulations hereinafter set forth in Article XX: (e) Such other signs as may be authorized as a special exception by the Board of Appeals as herinafter provided. 4. In considering this application, the Board finds and determines: (a) 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 other special exception relief; (b) that the area chosen for the sign is not unreasonably 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. Goehringer, seconded by Mr. Grigonis it was RESOLVED, to GRANT a Special Exception in the matter of the application of MGH ENTERPISES, INC. - ORIENT BY THE SEA as applied under Appeal No. 3948, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the off-premises sign not be illuminated and only be single sided facing in the easterly direction. 2. That the sign be no closer than 25 ft. from the southern property line and 30 ft. from the eastern property line. 3. That the sign be placed approximately 4 ft. above ground and not contain an area more than 24 sq. ft. Page 3 - Appl. No. 3948 Matter of ORIENT BY THE SEA Decision rendered July 11, 1990 Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen; Nays: Dinizio. This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIMRAN APPEALS BOARD MEMBERS Gerard P. Goehringen 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. 3947 Matter of JAMES MARK. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244 B, as disapproved, for permission to construct an addition to a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 450 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 37, Block 1, Lot 18. WHEREAS, a public hearing was held and concluded June 27, 1990 in the matter of the application of JAMES MARK under Appeal No. 3947; 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 Parsons Boulevard and the south side of Dogwood La.ne, Hamlet of East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 1, Lot 18. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.3, Article XXIV, Section 100-244 B, for permission to construct an addition to a one family dwelling, proposed construction will have insufficient front yard setback. Page 2 - Appl. No. 3947 ~atter of JAMES MARK Decision rendered July 11, 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. Article XXIV, Section 100-244 B, A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or iand 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 and that proof of such separate ownership is submitted in the form of an abstract of title showing 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 corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law, Such lotshall be granted relief for front and rear yard dimensions as follows: 4. The subject premises is improved with a one (1) story framed dwelling 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 addition in any other location on the premises will require other variance relief; (c) that the area chosen for the addition is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Page 3 - Appl. No. 3947 Matter of JAMES MARK Decision rendered July 11, 1990 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of JAMES MARK as applied under Appeal No. 3947, SUBJECT TO ~ FOLLOWING CONDITIONS: 1. That this addition to the principle dwelling not encroach any closer than 37+- ft. to the front property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, (Absent Joseph Sawicki due to illness). This resolution was duly adopted. df GERARD P. GOE~RINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (5t6) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF 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. 3944 Matter of ANTHONY MERCORELLA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct a two car accessory garage in the front yard area. Proposed construction only permitted in the required rear yard. Property Location: 2260 Peconic Bay Boulevard, Laurel, County Tax map No. 1000, Section 145, Block 04, Lot 04( WHEREAS, a public hearing was held and concluded on June 27, 1990 in the matter of the Application of ANTHONY MERCOREI~.A under Appeal No. 3944; 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 GreatPeconic Bay Boulevard, Hamlet of Laurel, and is identified on the Suffolk County Tax Maps as District 1000, Section 145, Block 4, Lot 4. 2. This is an application for Variances from the Zoning Code Article III, Section 100-33, for permission to construct an accessory garage in the front yard area. Proposed construction only permitted in the required rear yard. Page 2 - ApPl. No. 3944 Matter of ANT~ONYMERCORELLA Decision rendered July 11, 1990 3. Article III, Section 100-33, Accessory buildings, in the Agricultural-~onservation District and Low-Density Residential R-80, R-120, R-200 and R-400 District, accessory building and structures or other accessory uses shall be located LU the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Such buildings shall be set back no less than three (3) feet from any lot line. C. 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 one (1) story framed dwelling and contains an area of .493 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 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 garage.in any other location on the premises will require other variance relief; (c) that the area chosen for the deck is not unreasoD~hly located; (d) that the Variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or the order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen it was Page 3 - Appl. No. 3944 Matter of ANTHONY MERCORELLA Decision rendered July tt, 1990 /4/ RESOLVED, to GRANT a Variance in the matter of the application of ANTHONY MERCORELLA, under Appeal No. 3944, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 24 X 30 accessory garage remain 15 ft. from Edgemere Avenue and 12 ft. from Peconic Bay. 2. That the accessory garage not exceed one (1) story' in height and be only used for storage purposes. 3. That the garage doors face the southerly direction of the property and that any lighting be shielded to the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Doyen (Absent Joseph Sawicki due to illness). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIMRAN 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 Halt, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 T~lephone (516) 765-1800 ACTION OF THEBOARD OF APPEALS Appl. No. 3950 Matter of JACQUE KASABA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4 (100-33), Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to dwelling and accessory pool. Proposed accessory structure not permitted in the front yard area and proposed construction will exceed permitted lot coverage. Property location: 80 Lakeside Drive & 675 Cedar Point Drive, Southold, County Tax Map No. 1000, Section 90, Block 3, Lot 14. WHEREAS, a public hearing was held and concluded on June 27, 1990 in the matter of the Application of JACQUE KASABA under Appeal No. 3950; 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: t. The premises in question is located along the north side of Cedar Point Drive,:Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 3, Lot 14. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.4 (100-331, Article III A Section 100-30 A.3, Article XXIV, Section 100-244, for permission to construct deck addition to dwelling and accessory pool. Proposed accessory structure not permitted in the front yard area and proposed construction exceeds permitted lot coverage. Page 2 Appl. No. 3950 Matter of JACQUEKASABA Decision rendered July 11, 1990 3. Article XXIV, Section 100-244, Nonconforming lots, Article III A, Section 100-30 A.4, Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural-Conservation District. Article III A, Section 100-30 A. 3, No building or premises shall be used and no building or part therof shall be erected or altered in the Low-Density Residential R-40 Zone District unless the. same conforms to the requirements of the Bulk effect as if such regulations were set forth herein in full. 4. The subject premises is improved with one and a half (1 1/2) story framed dwelling with an attached deck located to the West of the.existing dwelling on this corner lot and contains an area of 13,416 sq. ft. in this R-40 Zone District. 5. In considering this application, the Board finds and detezmines: (a) that the circumstances of this application are ~lniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed pool and deck in any other location on the premises will require other variance relief; (c) that the area chosen for the pool and deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on =he safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3950 Matter of J~ACQUE KASABA Decision rendered July il, 1990 RESOLVED, to GRANT a Variance in the matter of the application of JACQUE KASABA as applied under Appeal No. 3950, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool not be placed any closer than 11 ft. including deck from Lakeside Drive and 22 ft. from Cedar Point Drive. 2. That the fence and any screening not exceed 4 ft. 6 in. in height in front yard areas above grade, the area beginning at a point of 30 ft. from the corner of Cedar point to 3~ ft. from the corner of Lake Side Drive remain open and ~i unvegitated. 3. That the 10 ft. by 3 ft. deck be located as shown on the site plan dated May t, 1990 by Briarctiff Landscape Inc. Vote of the Board: Ayes: Messrs. Goehrigner, Grigonis, Doyen and Dinizio. This resolution was duly adopted. ~f GERARD P. GOEHRINGER, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARDOF APPEALS Appl. No. 3953 Matter of PETER & CHERYL INZERILLO. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, BUlk, Area and Parking.Regulations, as disapproved, for permission to construct a deck adgition to existing one family dwelling. Proposed constr~ctlon will have insufficient side yard setbacks and excessive lot coverage. Property Location: 505 7th Street, Greenport, County Tax Map No. 1000, Section 48, Block 01, Lot 17. WHEREAS, a public hearing was held and concluded on June 27, 1990 in the matter of the Application of PETER & CHERYL INZERILLO under Appeal No. 3953; and WHEREAS, at said hearing all those who desired to be heard and their testimony recorded; and WHEREAS, the BoardMembers have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question side of Seventh Street, Hamlet of Greenport, and [fied on the Suffolk County Tax Map No. as District 1000, Section 48, Block 01, Lot 17. 2. This is an application for Variances from the Zoninq Code Article~III A, Section 100-30 A.3, Bulk Area and Parkinq Regulations, for permission to construct a deck addition to existing one fa~_~ily dwelling. Proposed construction will have insufficient si~e yard setbacks and excessive lot coverage. Page 2 - Appl. No. 3953 Matter of PETER & CHERYL INZERILLO Decision rendered July 11, 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 two (2) story framed house with a one and a half (1 1/2) story garage located in the rear of t~e property (west of the existing dwelling)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 deck in any other location on the premise~ will require other variance relief; (c) that the area chosen for the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the abovefactors, the interests of justice will be served by granting the variance, as applied, conditionally noted below, Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was .RESOLVED, to GRANT a Variance in the matter.of the application of PETER & CHERYL INZERILLO as applied under Appeal No. 3953, SUBjECTTo THE FOLLOWING CONDiTiONS: 1. That the construction of this 12 X 22 ft. deck not exceed 30.5+- percent of-the total lot coverage (thisincludes dwelling, garage and deck on this lot). Page 3 - A_opl. No. 3952 Matter of PETER & CHERYL INZERILLO ~ecision rendered July 11, 1990 2. That the 4 X !0 ft. portion of the deck not encroach any closer than 3 fto to the south property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio, and Doyen [Absent Joseph Sawicki due to illness). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAzRMAN~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman' Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinfzio, 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. 3831 Matter of RALPH & PATRICIA PUGLIESE. Special Exception to the Zoning Ordinance, Article III, Section 100-30B (14), for a Winery for the Production, Storage and the Retail Sale of Wine. Property Location: 34876 Main Road, Cutchogue, County Tax Map No. 1000, Section 097, Block 01, Lot 12.1. WHEREAS, a public hearing was held and concluded on June 27, 1990 in the matter of the Application of RALPH & PATRICIA PUGLIESE under Appeal No. 3831; 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 Main Road (Route 25), Hamlet of Cutchoque, ~and is identified on the Suffolk County Tax Maps as District 1000, Section 097, Block 01, Lot 12.1. 2. This is an applicatfon for a Special Exception from the~Zoning Code Article III Section 100-30 B (14), for a Winery for the Production, Storage and the Retail Sale of Wine. Page. 2 - Appl. No. 9831 Matter of RALPH & PATRICIA PUGLIESE Decision rendered July 11, 1990 3. Article III, Section 100-30, The purpose of the Agricultural-Conservation {A-C) District and the Low-Density Residential R-80, R-t20, R-200 and R-400 Districts is to reasonably control, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so }~ighty 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 toss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result, For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. 4. The property in question is improved with an existing one family dwelling with a barn located towards the north of the dwelling and a shed being relocated on the premises. This parcel contains an area of 22+- acres in this A-C District. 5. In considering this application, the Board finds an determines: (a) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) that the Special Exception will not in turn cause a subst~antial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all. the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Goehrigner, it was Page 3 - Appl. No. 3831 Matter of RALPH & PATRICIA PUGLIESE Decision rendered July 11, 1990 RESOLVED, to GRANT a Special Exception in the matter of the application of RALPH AND PATRICIA PUGLIESE as applied under Appeal No. 3831, SUBJECT TO THE FOLLOWING CONDITIONS: t~ That the Winery/Barn only be used for the production, storage and the retail sales of wine and not be used for habitual dwelling. 2. That the Winery/Barn not exceed 4,221+- sq. ft. in size, that the portion of the barn being used for the Retail Sale of the wine product not exceed 726+- sq. ft. and that the storage area not exceed 3,500+- sq. ft. 3. That the Parking area be designed by the Southold Town Planning Board in the Site Plan evaluation. 4. That the buildings be located on this parcel as shown on the survey dated June 22, 1990 by R. Van Tuyl, showing a ten It0) foot Right-of-Way leading to the rear of the property. Vote of the Board: Ayes: Messrs. Goehrigner, Grigonis, Doyen and Dinizio, (Absent Joseph Sawicki due to illness). This resolution was duly adopted. df APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicld James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-t800 ACTION OF THE BOARD OF APPEALS Appl. No. 3949 Matter of FRANCES FRISBIE. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4 (100-33), as disapproved, for permission to construct an accessory building in the front yard area. Accessory buildings may only be located in the required rear yard. Property Location 8050 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 118, Block 5, Lot 2.1. WHEREAS, a public hearing was held and concluded on June 27, 1990 in the matter of the Application of FRANCES FRISBIE, under Appeal No. 3949; 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 Nassau Point Road, Hamlet of Cutchogue, and is identified on the SUffolk County Tax Maps as District 1000, Section 118, Block 5, Lot 2.1. ~. This is an application for Variances from the Zoning Code Article III A Section 100-30 A.3 (100-33), for permission to construct an accessory building in the front yard area. Accessory buildings may only be located in the required rear yard. Page 2 - Appl. No. 3949 Matter of FRANCES FRISBIE Decision rendered July 11, 1990 3. Article III A, Section 100-30 A.4 (100-33), Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural-Conservation District. Article III, Section 100-33, In the Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall 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 one story framedhouse with an attached garage located west of the existing dwelling and a tennis court located in the front yard~ area. The premises contains an area of 54,450 sq. ft. in thi~ 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 accessory building in any other location in the front yard area will require other variance relief; (c) that the area chosen for the accessory building 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. Page 3 - Appl. No. 3949 Matter of FRANCES FRISBIE Decision rendered July 11, 1990 Accordingly on motion by Mr. Goerhinger, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the matter of the application of FRANCES FRISBIE as applied under Appeal No. 39.49, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the proposed storage shed be located in the front yard area, not exceed 10 X 12 ft. (one story in height) and be placed behind the existing tennis court. Vote of the Board: Ayes: Goehrigner, Grigonis, Doyen, Dinizio and Sawicki. This resolution was duly adopted. df GERARD P. GOEHRIGNER, CHAIRMAN Southold Town Board of Appeals SPECIAL. ME~TING: July 11, 1990 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary RECEIVED AND FILED BY ~¢ sOU¢~oLD TOW~ 0~¢ Town Clerl~, Town o~ Souihold