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Home My WebLink AboutZBA-07/25/1990APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, ~Jr. Serge Doyen, Jr. Joseph H.. Sawicki James Dimzio, 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 REGULA~ MEETING WEDNESDAY, JULY 25, 1990 A Regular Meeting was held by the Soutl%old Town Board of Appeals on WEDNESDAY, JULY 25, 1990 commencing 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., James Dinizio, Jr. Board Me~ers a~sent were: Charles Grig0nis,Jr.,J0seph Sawicki Also present were Doreen Ferwerda, the Board's Secretary and Court Stenographer (per contractual agreement with the Town for stenographic services). the all the ~ar.' advE was ~ched of Hearings ~11 the hearings attached, agenda have been preparedby a court s ~and copies of the board decisions as filed with the To%mClerk's Office and S,E~Q.R.A. declarations are attached to this cover page together with the transcripts as the record of the board's actions for future reference. (No other minutes for this regular meeting have been prepared.) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Ir. Telephone (516) 765-1809 BOARD OF APPEAl_. TOWN OF SOUTHOLD own Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 SCOTT L. HARRIS Supervisor AGENDA REGULAR MEETING W.EDNESDAYt JULY 25t 1990 7:30 p.m. Meeting to Order I. PUBLIC HEARINGS: 7:30 p.m. Appl. No. 3954 - PHILIP SALICE. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33), Article XXIII, Section 100-239.4 B, for permission to construct an accessory shed and deck with gazebo. Accessory shed is less than 3 ft. from a lot line, gazebo is located in the front yard and gazebo and deck are less than 75 ft. from the bulkhead. Property Location: 1945 Bayview Avenue, Mattituck, County Tax Map No. 1000, Section 106, Block 06, Lot 37. 7:35 p.m..Appl. No. 3960 - THOMAS: & ALLISON SARGENT. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, for permission to subdivide a non-conforming lot. Proposed construction of new lot will have insufficient width, depth and total lot area for this'district. Property Location: Private Road of Fox Avenue, Fishers Island, County Tax Map No. 1000, Section 06, Block 06, Lot 07. 7:40 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AUP~CCHIO. Variance to the Zoning Ordinance, Article III A, Section 100-30.3, Article XXIII, Section 100-230 [.A), Article III A, Section I00-30A.2 A(1) (100-31A), for permission to construct an addition to existing one family dwelling. Proposed construction is not a permitted use (1) one-family detached dwelling not to exceed one {1) dwelling on each lot (a two family dwelling is not a permitted use). Property Location: 185 Inlet Lane, Greenport, County Tax Map No. 1000, Section 43, Block 004, Lot 37. Page 2 - Agenda Southold Town Board of Appeals Regular Meeting of July 25, 1990 I. PUBLIC HEARING,'continued 7:45 p.m. Appl. No. 3956 - LLOYD GATES. Special Exception to the Zoning OrdinAnce, Article X, Section 100-10IB, for permission to Occupy and use as a Billiard parlor for commercial recreation. Property Location: 46250 County Road 48, Southold, County Tax Map No. 1000, Section 55, Block 5, Lot 7. 7:50 p.m. Appl. No. 3701 CHART--S ZAHRA. Variance to the Zoning Ordinance, Article XXV, Section 100-243, Article XXV, Section 100-244, for permission to continue to use the second floor apartment as a non-confoz~ing use. Property Location: 140 Pike Street, Mattituck, County Tax Map No. 1000, Section 141, Block 4, Lot 5. 7:55 p.m. Appl. No. 3915 - 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 a permitted use in this District. Property Locations: 1000, Main Street and-160'Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. II. RESOLUTION determining N.Y.S Environmental Quality Review Act status on the following Type II Actions (no further SEQRA action required): (a) Appl. No. 3954 - Philip Salice (b) Appl. No. 3960 - Thomas & Allison Sargent (c) Appl. No. 3955 - Dominick Sblendido & A. Auricchio (d) Appl. No. 3956 - Lloyd Gates (e) Appl. No. 3701 Charles Zahra III. DELIBERATIONS/Decision (possible) IV. Scheduling the following hearings for a tentative date of August 22, 1990 Regular Meeting. (a) Appl. No. 3962 - HAROLD GORDON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, proposed construction will have insufficient side yard setbacks. 1000-78-7-50. (b) Appl. No. 3963 - FRANK CURl{AN. Variance to the Zoning Ordinance, Article III, Section 100-30 A.4 (100-33), Article XXIII, Section 100-239.4 B, construct accessory structure in the sideyard area, proposed accessory building to be located only in required rear yard and construction is less than 75 ft. from the bulkhead. 1000-111-1-16. Page 3 - Agenda Regular Meeting July 25, 1990 Southold Town Board of Appeals IV. Scheduling Hearings, continued (c) Appl. No. 3961 - VENETIA MCKEIGHAN. Variance to the Zoning Ordinance, Article III, Section 100-33, to construct accessory structure in front yard area, accessory structures shall be located in the required rear yard. 1000-052-05-23. (d) Appl. No. 3964 - KENNETH MINNICK. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B14, for permission to have an accessory apartment attached to existing dwelling. 1000-124-1-3.2. VI. COMMUNICATIONS - regarding the Appl. No. 3955 of Dominick Sblendido & A. Auricchio. VII. MISCELLANEOUS (a) Establish shared Lead Agency with the Southold Town Trustees and declare a Positive Declaration on the Application of Gustave Wade. -VIII. UPDATES A. DEPARTMENT HEADS MEETING: On THURSDAY, AUGUST 2, 1990 in the conference room. B. LEGISLATIVE COMMITTEE MEETING: Updates for the Board for this meetings. NEXT LEGISLATIVE COMMITTEE DATE: Thursday, August 9, 1990. ~-~..ALS BOARD M~.2dB~RS Gerard P. Goehringer, Chairma~ Charles Grigonis, Jr. Serge Doyen, Ir. loseph H. Sawicki lames Dinizio, Ir. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOIT L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 1197 ! Fax (516) 765-1823 Telephone (516) 765-1800 AuTION OF THE BOARD OF APPEALS Appl. No. 3956 Matter of LLOYD GATES. Special Exception tothe Zoning Ordinance, Article X, Section 100-101B, for pelmission to occupy and.use as aBilliard Parlor for commercial recreation. Property Location: 46240 County Road 48, Southold, County Tax Map No. 1000, Section 55, Block 5, Lot 7. WHEREAS, a public hearing was held and concluded on July 25, 1990 in the matter of the Application of LLOYD GATES under Appeal No. 3956; and WREREAS, at said hearing all those who desired to be heard were heard and thei~ 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 loCatedal6ng the SOuhhwest side of Route 48, Town of SOuthold the County Tax Maps as District 1000 55, Block 5, LOt 7. 2. This is an application for Special Exception from the Zoning Code Article X, Section 100-10lB, for permission to occupy and use as a billiard parlor for commercial recreation. Page 2 - Appl. No. 3956 Matter of LLOYD GATES Decision rendered July 25, 1990 3. Article X, Section 100-101B, Uses permitted by s~ecial exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as herinafter provided, subject to site plan approval by the Planning Board. (6) fully enclosed conm,ercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance hall, billiard parlors, bowling alleys, health, spas and clubs and uses normally accessory and incidental to commercial recreation such as locker rooms, eating and drinking facilities and retail sale of goods associated with particular activity. 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and opening a billiard parlor for commercial recreation on the premises will require a special exception; {b) that the area chosen for the billiard parlor is not- 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'.motionbyMr.~inizio seconded Mr. Doyen it was ' , RESOL~rED, to GRANT a Special Exception in the matter of the .application of LLOYD GATES as applied under Appeal No. 3956, SUBJECT TO THE FOLLOWING CONDITIONS: ~ 1. ~t the a.m. t~ a. 9:30 a.m. amd 2:00.a.~ special exception, f be from 9:~30 .s Page 3 - Appl. No. 3956 Matter of LLOYD GATES Decision rendered July 25, 1990 2. That there shall be no playing of pool or the use of video machines while public or private schgol is in session for patrons under the age of eighteen (18). 3. That there be no alcoholic beverages on the premises and that there only be prepackaged food and no cooking facilities (except for a (11 heating appliance used for wazming prepackaged food). 4. That the building contain air conditioning and heating to prevent the doors from being opened and reduce the noise level. 5. That the playing of music shall be reduced to a level that cannot be heard from the exterior of the building. 6. That the Special Exception goes along with the property and to all subsequent owners of the lease while the billiard parlor is an active business on these premises. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki (Absent Charles Grigonis and Joseph Sawicki due to illness). This resolution was duly adopted. df /"GERARD P. GOEHRINGER,/HAIRMAN APPEALS BOARD MEMBERS Gerard P. Goel-;ringer, Chairm~ 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 July 25, 1990 TYPE II ACTION DECLARATION Appeal No. 3954 Project/Applicants: County Tax Map No. Location of Project: Philip Salice 1000- 106-6-37 1945-B9y~iew Ave., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct accessory shed and deck with gazebo. Shed less than 3' from lot. line ~nd gazebo and deck are less than 75' from bulkhead. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law $44-4 of bhe Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicatinq that no significant adverse environmental effects are likeiy to occur should be project be implemented as planned. It is dete£mined that this Board's area of jurisdiction concerning.setback, area or lot-line variances determines this application ~o' fa~l und~rtheestablished list of Type II Actions. Pursuant to Section 617.2jj, this Department ils excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA617.2jj. For further information, please contact the Office of the Board.of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516~ 765-1809. mc 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 S.E.Q.R.A. duly 25 , TYPE II ACTION DECLARATION 1990 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 Appeal No. 3960 Project/Applicants: County Tax Map No. Location of Project: Thomas & Allison Sargent 1000- 6-6-7 Pvt. Rd. off Fox Ave., Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to ~subdivide a non,conforming lot. New lot will h~ve insufficient width, depth and total lot area. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of theN.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject 'application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is-determined that this Board's area of jurisdiction _ concerning setback, area or ~lot-tine variances determines this application to ~all under"th~"established'Tis~ of:'Type ii '~' ....... r Actions. Pursuantto Section 617.2jj, this Department %s excluded as an involvedagency. agency's interest as an involved-agency under jj. For further information, please contact the Office of the Board of'Appeats,-Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gligonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD TYPE II ACTION DECLARATIOH 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 July 25, 1990 / Appeal No. 3955 Project/Applicants: D0minick Sblendid0 & A. Auricchi0 County Tax Map No. 1000- 43-4-37 Location of Project: ]85 Inlet Lane, 8reenp0rt, NY Relief Requested/Jurisdiction Before This Board in th~s Project: Construct addition to existing one fami.ly dwelling Wl~n insufficient front yard setback and_.permjssion to have a two family dwellipg This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.¥.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subjec= application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It.is determined that this Board's area of jurisdiction ~c~nS~otb~ ~r~a_o~, lot-~i~? ~ariances determines this =ax unoe£ =ne es=an±isned list of Type II Actions. Pursuant to Section 617.2jj, this Department is -excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road Southold, NY 11971 at (516) 765-1809. ' mc APPEALS BOARD MEMBERS Gerard P. Goehringer, ChairmitTn 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 S.E.Q.R.A. July 25, 1990 TYPE II ACTION DECLARATION Appeal No. 3956 Project/Applicants: []0yd Gates County Tax Map No. 1000- 55-5-7 Location of Project: 46250 CR 48, S0uth0]d, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to occupy and use as a Billiard Par]or for c0mmercia] recreation. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 944-4 of the Town of Southold. AnEnvironmental AsseSsment (Short) Form has been submitted with the subject'appLication indicating that no significant adverse environmentaI effects are likely to occur should be project be implemented as planned. Actions'. ' Pursuant to Section 617.2jj, this Department is excluded-'as aninvolved agency. This determinationshall not, however, affect.any other agency's interest as an involved agency under SEQRA 617.2jj. For further infozmation, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of Appeals Regular Meeting: July 25, 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 THE SOUTHOLD TOWN CLEBK Town Clerk, Town