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HomeMy WebLinkAboutZBA-11/15/1990 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 MINUTES THURSDAY~ NOVEMBER 15, 1990 SPECIAL MEETING A Special Meeting was held by the Southold Town Board of Appeals on THURSDAY, NOVEMBER 15, 1990 commencing at 7:00 p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Member Serge Doyen, Jr. and Member James Dinizio, Jr. (Absent were Member Grigonis {out-of-state} and Member Sawicki.) Also present was Board Secretary Linda Kowalski. The Chairman opened the meeting and proceeded with the first agenda item, as follows: Appeal No. 3974: Application for DONALD L. OSANI (Owner: George Brudermann, Jr.) Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for approval of reseparation into two separate parcels as shown by separate deed conveyances, each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of ProPerty: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map District 1000, Section 79, Block 5, ~Lot 10 and 11. WHEREAS, a public hearing was held on November 1, 1990, and all those who desired to be heard were heard and their testimony recorded; and ~R~AS, the Board has carefully considered all testimony and ~ocumentation submitted concerning this application; 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 in the "Low- Density Residential R-40" Zone District and is referred to as Southold Town Board of Appeals -2- November 15, 1990 Special Meeting (OSANI decision, continued: 1000~ Section 079, Block 05, Lots 010 and 011 on the Suffolk County Tax Maps, with frontage along the westerly Side of Reydon Drive, Southold and frontage along the north side of North Bayview Road. 2. The subject premises as exists: ft; (a) contains a total combined lot area of 68,604 sq. (b) was conveyed by separate deeds to George Brudermann, Jr. a~ follows: (1) County Tax Map Lot No. 10 was conveyed on May 4, i959 by deed at Liber 4623 cp 325 from Dorothy W. Brudermann and Joseph A. Brudermann; (2) County Tax Map Lot No. 11 Was conveyed on July 12, 1978 by deed at Liber 8462 cp 298 from George H. Brudermann; (c) the minimum lot area requirement in effect during the 1978 conveyance and merger due to common ownership was 40,000 sq. ft. per lot, and which increased in 1983 to require a minimum lot area of 80,000 sq. ft. per lot~. 3. Article IIIA, Section 100-30A.3 of the current zoning code (as amended January 9, 1989) requires a minimum lot area per lot of 40,000 square feet. 4. The relief sought by this application is a variance for approval of: (a) proposed southerly {vacant) lot referred to herein as Lot ~1 with a lot area of 33,607 sq. ft. and lot width of 219.85 feet along Bayview Road; (b) proposed northerly {vacant} lot referred to herein as Lot $2 with a lot area of 34,997 sq. ft. and lot width of 150 feet° 5. For the record, it is noted that the area of the lots as proposed are not out Of character withthoseeXisting in the immediate and general neighborhood. These lots meet at least 80% of the zoning requirements. 6. In considering this application, the Board also finds and determines: (a) the relief'as granted is not Substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a Southold Town Board of Appeals -3- November 15, 1990 Special Meeting (OSANI decision, continued: grant of this variance; (c) there will be no substantial change in the character of the neighborhood, and a precedent would not be set since adjoining properties have not been held in single and separate ownership at any time since the enactment of zoning in 1957 {except as an entire tract of 65,000+- square feet); (d) that on May 1, 1986, two lots immediately north of the subject premises were subdivided from 2.5 acres into two 1.2 +- acre lots, which may not be further divided; (e) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (f) that in view of the manner in which the difficulties arose, and in con- sidering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph ~4, supra), in the Matter of the Application of DONALD OSANI under Appl. No. 3974, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no further subdivision, set-off or conveyance of land other than that as applied for. 2. That in determining the permitted location for a new dwelling, the setbacks applicable to the R-40 Zone District (Bulk Schedule) be used. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Absent was Member Grigonis and Member Sawicki.) This resolution was duly adopted. Southotd Town Board of Appeals -4- November 15, 1990 Special Meeting Appeal No. 3978: ACTION OF THE BOARDOF APPEALS Upon Application of DONALD AND DOROTHY SWAHN. Variance to the Zoning Ordinance, Article IIIA, Sections i00-30A.3 and Section 100-32 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. I000-123-8-8. WHEREAS, a public hearing was held on November 1, 1990, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and W~EREAS, the Board made the following findings of fact: i. The premises in question is located in the "LoW-Density Residential R-~0" Zone District and is referred to as District 1000, Section 123, BlOck 08, Lot 008 on the Suffolk County Tax Maps, with frontage along the southerly side of Park Avenue, Mattituck and frontage along Great Peconic Bay. 2. The subject premises as exists: (a) contains a total combined lot area of 1.25+- acres; (b) was conveyed separately by deed at Liber 2760 page 475 and by deed at Liber 4521 page 343. Southold Town Board of Appeals -5- November 15, 1990 Special Meeting (Swahn decision, continued:) 3. Article III, Section 100-32, and Article IIIA, Section I00-30A.3 of the current zoning code (as amended January 9, 1989) requires a minimum lot area per lot of 40,000 square feet in this R-40 Zone District. 4. The relief sought by this application is a variance for approval of: (a) proposed northerly lot referred to herein as Lot $t with an approximate total lot area of 20,000 sq. ft., and lot width of 100.22 feet along Park Avenue; inclusive of the right-of-way/driveway area to the southerly dwelling structure, (b) proposed southerly lot referred to herein as Lot $2 with an approximate total lot area 39.,000 sq. ft., inclUsive of land under the highwater mark, and lot width at the building line of 100 feet. 5. For the record, it is noted that the immediake area of the subject premises does not lend to the grant of further variances. Urger this application, the premises is improved with two dwelling structures which preexisted the zoning ordinance, which is in the Board's position sufficient for the grant of the lot lines. There will be no increase in density for the creation of the second lot since there is one dwelling existing for each. 6. In considering thisapplication and determines: the pra~ cl~ grant of e; change in wouldn0t set sz in single of zoning mn 43,560+- ~are feet); (c the finds in and a ioining prope held at any time ~nactment Ls an entire tract of more than (d) the difficulties cannot be ' some method'feasible to the appellant to pursue, ~ variance; (e) that in vie~ of the ' manner tn which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion byMr. Dinizio, seconded by Mr. Goehringer, it was Southold Town Board of Appeals -6- November 15, 1990 Special Meeting RESOLVED, to GRANT the relief as requested (and noted in paragraph 94, supra), in the Matter of the Application of DONALD SWAHN under Appl. No. 3978, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no further subdivision, set-off or conveyance of land other than that as applied for. 2. That a minimum of 22,000 square feet be applied to the northerly improved lot (inclusive of right-of-way ten feet in width) and the remaining lot area be applied to the southerly improved lot. 3. That a survey, prepared by a licensed surveyor, certifying the above dimensions and general layout be submitted and accepted by the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Absent were Member Grigonis (out-of-state) and Member Sawicki.) This resolution was duly adopted. CONCLUSION OF WRITTEN PORTION OF HEARING RECORD: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to accept the sketch, as redrawn and resubmitted by John Kramer in the Matter of Appeal AppliCation NO. 3971 - VALERIE KRAMER, which wasrequested by the Board at the 'conclusion ofthe public [verbatim) hearing held November 1, 1990, and that the Board hereby declares the final (written) portion of the record concluded, for the purpose of commencing deliberations. Vote of the Board: Ayes: Messrs, Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was ~hsent.) This resolution was duly adopted. Southold Town Board of Appeals November 15, 1990 Special Meetin§ ACTION OF THE BOARD OF APPEALS Appeal No. 3980: Application for VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck (with roof) attached to dwelling with a reduced front yard setback and insufficient sideyard setback. Lot area is nonconforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map District 1000, Section 92, Block lv Lot 4. WHEREAS, a public hearing was held on November 1, 1990 in the Matter of the Application of VIRGINIA OLGA LEE under Appeal No. 3980; and WHEREAS, at said hearing all those who desired to be heard were heard and their teStimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning~ and the surrounding areas; and WHEREAS, the Board made the following findings of fact: Southold Town Board of Appeals-8- November 15, 1990 Special Meeting (Appl. No. 3980 LEE decision, continued:) 1. The premises in question is a triangular-shaped parcel situated along two.private roads referred:to as Inley Way and Cedar Point Drive East, Town of Southold. The subject parcel has been and is referred to as Lot 91 on the "Map of Cedar Beach Park" filed in the Suffolk County Clerk's Office as Map No. 90. 2. The subject premises is nonconforming as to lot area in this R-40 Zone District containing a total lot area of approximately 19,995 square feet (as shown on the assessment records for .459 acre). The distance of frontage along Inlet Way is shown on the October 15, 1975 survey prepared by Roderick VanTuyl, P.C. as 241.60 feet and along Cedar Point Drive East 144.12 feet. 3. The subject p~emises: (a) is improved with a dwelling which has a preexisting, nonconforming front yard setback at approximately seven feet (at its closest point to the westerly property line along Inley Way); (b) is also improved with a swi~minc3pool which is situated to the east of the existing dwelling. ~. By this application~ appellant requests a variance for a 7'2" deck extension into the northerly front yard area which reduces the westerly front yard setback to approximately five feet (and in no event less than four and one-hail (4-!/2') feet_. 5. Article XXIV, Section 100-244B provides relief to nonconforming lots having a lot area of less than 20~000 square feet in the front yard at 35 feet. Although the relief requested in relation to the usual minimum requirement at 35 feet for new dwellings is substantial, the relief requested in relation to the established nonconforming setback is not substantial at approximately two feet. (No other variances have been found of record for this parcel.) 6. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the essential character of the neighborhood; (b) will not in turn be adverse to the safety, health, welfare, comfortt convenience or order of the town~ or be adverse to neighboring properties; (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; Southold Town Board of Appeals -9-, November 15, 1990 Special ~eeting (Appl. No. 3980 - LEE decision, continued:) (d) is the minimum necessary to afford relief; (e) cannot be obviated economically by some method feasible to appellant to pursue, other than a variance; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a variance for the 26 ft. by 7-1/2 f-t. (maximum) deck addition with roof in the front yard area as shown on the sketch of a survey filed hereunder, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the sides not be enclosed at any time; 2. That the front yard setbacks not be further reduced. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Members Sawicki and Grigonis were absent.) This resolution was duly adopted. Southold Tow~ Board of Appeals -10- November 15, 1990 Special Meeting DELIBERATIONS/DECISION: Appeal No. 3963: Application for VALERIE KRAMER. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281 and Article XXIII, Section 100-239.4B for permission to construct new dwelling structure with an insufficient setback from the existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of ProPerty: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. WHEREAS, a public hearing was held on November 1, 1990, at which time all who desired to be heard were heard and their testimony recorded; WHEREAS, Board Members have personally viewedand 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 at Greenport, Town of Southold, with frontages along two streets: Manhanset Avenue and Robinson Road, and with frontage along a dredged canal of "Sterling Creek." The premises is more partiCUlarly identified on the Suffolk County Tax Maps as District 1000, SectiOn 34, Block 5, Lot 20. ft. in depth x 93.86+- ft. along Manhanset Avenue~ The parcel has limited building area due t6its frontage along the dredged Canal (which is bullheaded) and two'front yardare~s. 3. By this application, appellant requests variances for permission to locate a new dwelling structure with a setback of Southold Town Board of Appeals -1I- November 15, 1990 Special MeE ting (KRAMER decision, continued:) 21+- feet to the bulkhead as initially submitted with this appeal application. 4. On November 15, 1990, an alternative sketch was submitted for board consideration, at the Board's request, shifting the proposed house approximately 10-12 feet towa~[ the westerly property line in order to try to gain a greater distance from the bulkhead. One foot was gained on the bi .khead setback, but the side yard setback was reduced from the originally proposal of 16-1/2 feet to 10 feet from the southerly side property line. The front yard setbacks would be in conformance with Section 100-244B as pertains tO nonconfo~ning lots. Although the amount of relief requested by this application is substantial in relation to the requirement, the setbacks requested are not out of character with those generally existing in the immediate neighborhood. 5. For the record it is noted that permits have been issued by: (a) the Southold Town Trustees on Septem- ber 27, 1990; lb) Suffolk County Health Department ~nder PeLmit No. 88-S0-147; lc) N.Y.S. Department of Environmental Conservation by Permit No. 10-88-1400 dated January 25, 1990. 6. In considering this application, the Board also finds and determines: (a) the nonconformities of the land and building in question lend to the practical difficulties; (b) the difficulties cannot be obviated b¥ some method feasible for appellant to pursue other than a variance; (c) the alternative location of the dwelling as approved will not change the essential character of this residential community; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) in carefully considering the entire record and all the above factors, as well as viewing the land and general character of the neighborhood, it is within the best inter~ts of justice to grant the variance, as conditionally noted below. Accordingly, on motion by Mr. ~oehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3971 and shown on the "alternative sketch" for the location Southold Town Boardof Appeals -12- November 15, 1990 Special Meeting (KRAMER decision, continued:) of a new dwelling structure, SUBJECT TO THE FOLLOWING: 1. That the setback from the existing bulkhead be not closer than 22 feet; 2. That hay bales be placed prior to co~muencement of foundation or other construction activities approximately 15 feet from the house towards the water and extending a distance of not less than 60 feet wide to the southerly and easterly portions of the dwelling and remain until such time that an adequate ground cover can be grown to prevent disturbance of the land between the proposed dwelling structure and the existing bulkhead and to prevent run-off into the canal. (There must be also no disturbance to bulkhead tie backs). 3. That the side yard setbacks be not less than ten (10) feet on each side (and minimum total side yard setbacks at 20 feet). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and Dinizio. (Absent were: Members Grigonis and Sawicki.) This resolution was unanimously adopted. CONCLUSION OF WRITTEN PORTION OF HEARINGS: On motion by Member Dinizio, seconded by Member Doyen, it was RESOLVED, to accept Flynn, Esq. and Charle MARINE under Appl. No. 3938, by NOvember 15, 1990, and that (written) portion of the Frank. M. to be ~ ~ecord concluded 1990r subject to receiving the above due to the late hour of the meeting.) absent.) Southold Town Board of Appeals -13- November 15, 1990 Special Meeting DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 3979: Application oflTHOMAS J. GORMAN. Variance to the Zoning Ordinance, Article III, Section 100-33 for approval of two accessory (storage)~buildings in the front yard, as exist. The lot area of this parcel'IS NONCONFORMING IN THIS R-80 Zone DistriCt. LocatiOn of Property: 18 crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. WHEREAS, a ~hlic hearing was held on November 1, 1990, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar With the Premises in question, its present zOning, and the surrounding areas; and WHEREAS, the Board made the followinq findings of fact: 1. The premises inquestion is located along the west side Southold Town Board of Appeals -14- November 15, 1990 Special Meeting (Appl. No. 3979 - GORMAN decision, continued:) 2. The subject premises contains a total lot area of approximately one-half ac~e and is improved with a two-story dwelling and three accessory Structures as shown on the survey updated June 5, 1990 prepared by Young & Young, L.S. 3. The two accessory storage buildings which are the subject of this appeal aPPlication are situated in the front yard area survey, and consist of a size of less than I20 sq. ft. each. (see survey for sizes and configurations). 4. For the record it is noted that one of the accessory buildings was the subject of Board of APpeals action rendered July t, 1976 under Appeal Application No. 2159 (Thomas Gorman) for a front yard location. 5. Article III, Section 100-33 (referred from Article III-A, Section I88-30A.4) of the Zoning Code allows accessory buildings to be located in the required rear yard area, but does not provide for accessory buildings to be loCated in any other yard area. Due to the nature of the property and the existing dwelling as located 35.6 feet from tie line along approximately highwater mark of Laurel Lake, the relief requested is not unreasonable. To place the accessory buildings in this limited rear yard area would not be a better alternative. 6. In considering this appticationr the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land; (b) that there is no other method for.appellants to pursue; and placing the structure in any other location on the premises would require other variance relief; Laurel Lake; (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 precedents have been established in area waterfront communities for the same or similar placement of accessory buildings in a yard area different than the seaward areas of the dwellings; Southold Town Board of Appeals -15- November 15, 1990 Special Meeting (Appl. No. 3979 - CK)RF~/~ decision, continued:) (f) that in carefully censidering the record and all the above factors, the interests of justice will be served by granting the variance, as applied and conditionally noted below. Aceordingly, on motion by Mr. Goeb~inger, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the Matter of the Application of THOMAS J. GORMAN as applied under Appeal No. 3967 for the placement of two accessory garage/storage buildings in the front yard area (as described in the above Findings), SUBJECT TOTHEFOLLOWtNG CONDITIONS: 1. That the accessory buildings not be re-located; 2. That the accessory buildings not exceed one-story height (12 feet or less); 3. That the subject accessory buildings~not be used for habitable, sIeeping Or business purposes (be used for storage purposes); 4. That there be no electrical or plumbing facilities placed with~in the building(s); 5. Ail other provisions of the Code as pertain to accessory uses and accessory buildings for this Zone District . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and Dinizio. (Members Sawicki and Grigonis were absent.) This resolution was duly adopted. Southold T.own Board of Appeals -16- November 15, 1990 Special Meeting ACTION OF THE BOARD OF APPEALS UpO~ Application of IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 and Article IIIA, Section i00-239.4A for permission to lOcate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. Parcel. The parce~ in question is nonconforming as to lot width (frontage) of less than the required I50 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68-3-10. WHEREAS, a public hearing was held on November 1, 1990, and all those who desired to be heard were heard a~d their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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: highest contour of the~pr0per~y ~nd as more particularly shown on the survey urveyors~' p~C. July 24, 1990.. zhe bluff" Peconic 2. The premises in question is identified on the Suffolk County TaX Maps as District 1000, Section 68, Block 3, Lot t0, has 94.19'ft. width at the proposed building line, and contains a total lot area of 42,930 sq. ft. 3. For the record it is noted that the property slopes considerably downWard from the top of the bluff to "Lakeview Avenue" with variations in the contours from 45 feet to 26 feet. On the beach side and main land sides of the bluff, the property is heavily vegetated. Southold Town Board of Appeals -17- November 15, I990 Special Meeting (AppI. No. 3968 - M. ILLERdecision, continued:) The dwelling structure is proposed i38+- feet from the N.Y.S.D.E.C. wetlands (75 ft.~ setback line near "Lakeview Avenue," all of which are located just north of Auto, an Lake. is also noted that construction has been restricted in areas closer toward Lakeview Avenue for sanitary and building construction as a result of the closeness of Autumn Lake. tt 4. Article XXIIt, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (I00) feet from the top of such bluff or bank. 5. The dwelling on the adjoining easterly parcel is set back approximately five feet from its closest point to the "top" of the bluff, and the dwelling adjoining to the west is set back approximately 13 feet to the 'ttop" of the bluff. Each dwelling is set back more than i50 feet from the tie line along mean highwater of the L.I. So, nd. 6. It is the position of this Board that in considering this application: (a) the relief, as alternatively noted below, is not substantial and is the minimum necessary; Cb) the grant of alternative relief will not alter the essential Character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance, as alternatively noted.below, will not in turn be adverse to the safety, healt~, welfare, comfort, convenience or order of the town, or be adverse to neigkboring properties; (e) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. ~oehringer, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as requested under Appeal No. 3968; and it was further RESOLVED, to GRANT alternative relief in the Matter of IRENE Southold Town Board of Appeals -18- November 15, i990 Special Meeting (Appl. No. 3968 - MILLER decision, continued:) ~ILLER for placement of a new dwelling structure SUBJECT TO the following CONDITIONS: 1. That the entire building construction (including deck and overhangs) be set-back not closer than 13 feet from the top of the bluff at its closest point; 2. That the dwelling construction comply with all other setback re~ulations, including side yards at a minimum of 20 and 15 feet, for total side yards at not less than 35 feet (as per 100-244B of the Zoning Code); 3. That prior to commencing construction activities and during all phases, hay bales be placed at 10 feet from the top of the bluff and 40 feet from the proposed house location to the south (road side), for a full length of at least 60 feet; (and there be no disturbance of land outside this~construction area.) Vote of the Board: Ayes: Messrs. Goehringer, ~?~!~fZ.i~d~l~3 and Doyen. (Member Sawicki and Member Grigonis were absent.) This resolution was duly adopted. lk Southold Town Board of Appeals --t~g~~ November 15, 1990 Special Meeting CHANGES IN ZONING FEES: The following increase proposal was submitted to Supervisor Scott L. Harris: $150.00 Fences or accessory (shed) building with less than 200 sq. ft. in floor area; $150.00 Determinations without a public hearing as to whether a parcel is merged (referred to as a. merger review). $300.00 Ail other single request applications (includes a variance, 280-A request, interpretation, special exception, etc.). Also includes commercial properties. $500.00 Applications with more than one request (such as an area and width variance to "un-marge" parcels, multiple setbacks, etc.) (Note: Special Exception and variance requests may not be combined in one application.) COUNTY PLANNING UPDATE: The following responses were received from the Suffolk County Planning Commission and were accepted and made a part of the files: Appl. No. 3907 NICHOLAS ALIANO (9SD-90-23) Appl. No. 3915 - JORDAN'S PARTNERS (~SD-90-26) Southold Town Board of Appeals -20- November 15, 1990 Special Meeting HEARINGS FOR NOVEMBER 29, 1990: On motion by Member Doyen, seconded by Member Dinizio, it was RESOLVED, to schedule the following applications for new and/or continued public hearings to be held by the Southold Town Board of Appeals at the Southold Town Hall on THURSDAY, NOVEMBER 29, i990, commencing at 7:30 p.m., and BE IT FURTHER RESOLVED, that Board Secretary Linda Kowalski is hereby authorized and directed to advertise notice of same in the Suffolk Times, Inc. and Long Island Traveler-Watchman, Inc. for publication on or before November 24, 1990: 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. continued from November 1, 1990. Hearing 7:35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE LINDTVEIT. Variances to the Zoni~ , ~rticte XXVIII, Section 100'239.4B and Article ~IV, ~ for proposed one-stool and second-story with two-foot over=hangs (cantilevers) Portion of addJ be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconfo~uing in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road %12), Southold, NY; County Tax Map Parcel 1000-87-4-7. 7:40 p.m. Appt. No. 3986 - Variance to the Zoning Ordinance, Article III, LEHR. on 100-30.2A is nonconforming as to lot area and width in this R-40 Zone District. Locat~0n of PrOperty: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of Southold Town Board of Appeals -21- November 15, 1990 Special Meeting (HEARINGS FOR 11/29/90, continued:) the bluff along the Long Island Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot ~t; County Tax Map Parcel ID No. 1000-83-1-7. 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed LOt ~3 and for approval of insUfficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone DiStricts: B-General Business and Agricultural-Conservation. Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. 8:05 pom. Appl. No. 3977 - BETTY J. COPtN'. Continued from November 1, 1990. 8:15 p.m. 3788 & MARKETING. Variances to Section 100-102: (t) for to~ establish in accessory gasoline station use on this SubStandard parcelwhich ¢ less than 30,000 Sq. ft. in lot area; (2) for interpretation as to height limitation of accessory ~canopy) and (3) for approval of canopy structure in the yard location. Location of Property: Corner of the EaSterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. 8:30 p.m. Appl. No. 3983 - ance to the Zoning OrdinanCe, Art~ approval of deck within 75 Lot is nonconforming area Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane~ Southotd, iNY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. Southold Town Board of Appeals -22- November 15, 1990 Special Meeting (HEARINGS FOR 11/29/90, continued:) 8:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance~ Article III, Section 100-30A(1), as disapproved, for approval of second dwelling-apartment unit, as exists. Building as exists contains two dwelling u_nits and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, width and depth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. 8:45 p.m. Appl. No. 3973 - JOHN ANU ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B)) and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Gree~port, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDtDO & A. AURICCHIO. Interpretation requested regarding second kitchen facilities and its relation to single-family verses two'family uses, and a variance for addition with an insufficient frontyard setback~ 185 Inlet Lane, Greenport. Continued from November 1, 1990. 9:15 p.m. to the ~ 100-30 (as disapproved for permission tO aCCept delivery waters, the shellfish, and to ¢ scallops ~ for wholesale and conches for off-premises sales. Zone DistriCt: Agricultural-~ Location of PrOperty: 1575 Lower Road, SOuthold, NY; Tax Map Parcel No. 1000-69-5-13.2. Continued from November 1, 1990. 3975 - ARTHUR G. CARLSON. ) from local orship the }n. ~catiops or (AC)i County Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and Dinizio. (Member Grigonis was absent {out-of-state} and Member Sawicki.) This resolution was duly adopted. $outhotd Town Board of Appeals -23- November 15, 1990 Special Meeting ENVIRONMENTAL DECLARATIONS: Motion was made by Member Goehringer, seconded by Member Dinizio, to declare the following Declarations pursuant to the N.Y.S. Environmental Quality Review Act (SEQRA) and Chapter 44 of the Code of the Town of Southold on each of the following, infra: e e 3983 JANET MALONEY. Variance for deck - ~ulkhead~setback at 30 West Dr~e, Southol~. N°nconforming:lot area/R-40. ~o. 3984 - P~.~DGE CORP. Variances from for hei~htand truck rental ness accessory to principal use. · No. 3985 - HERBERT& ~kTHERINE LINDTVEIT. Lance~ for addition a~d ~lterations to existing within 75 feetof bulkhead. Corey Creek. nt Lane off S/s Bayview Road, Southold. lot a~ea/R-40. No~ 3-981 - PPU~LLISRAYNEBYER. Use variance of second dWelling unit in conjunction with exiz business and existing residential unit. LB. 55 Skunk Lane and Route 25, (Second dwelling unit has existed since to date.) A~pl. No. 3986 - BARRY & BEVERLY LEHR. Front and side ances for existing shed. 15 Sun Lane, this pending division. 31095 Main Road, Cutchogue. Appl.'No. 3988 - ANTONIO VANGI. Proposed garage with insufficient sideyardS and within 100 ft. of bluff. 645 Glen C0urb, CutchOgUe. App1. No. 3973 ' JOHN MILAzZo~ New dwelling with insufficient Setbacks from: (a) bulkhead, (b) from rear yard, (c) from northerly side property line. 9 Island View La., Greenport. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONTS, JR. SERGE DOYEN. JR. JOSEPH H. SAWICKI JAMES DINIZ[0, JR. -24- Southold Town Board MAIN RI'lAD- STATE RrlAD 25 Date: $~E.Q.R.A. UNLISTED ACTION -~DUTHEiLD, L,I., N.Y. 119'71 TELEPHONE (516'~ 765-1809 November 15, 1990 Special Meetin~ Notice of Determination of Non-Siqnificanc~ Appeal No. 398l' Project/Applicants: County Tax Map No. Location of Project: Phyllis Rayne Byer 1000- 85-3-2.l 55 Skunk Lane & Route 25, Cutchogue, NY Relief Requested/Jurisdiction before this Board in this Project: Approval of second dwelling unit in conjunction with existing business and existing residential unit. 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. An Environmental Assessment (Short) Fo~m 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, and: { X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: { } the project is proposed in an area with land contours 10 or more.feet above mean sea level; { } the area seaward of the proposed construction is bulkheaded; { } the project is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted within the next 20 days. For more information, please contactour office. Copies to: Planning Board, Town Trustees, N.Y.S.D.E.C. and/or Suffolk County Department of Health Services. -25- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis. Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 SCOTT L ~S Supervisor BOARD OF APPEA~,S TOWN OF SOUTHOLD November 15, S.E.Q.R.A. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (5t6) 765-1800 1990 Special Meeting TYPE II ACTION DECLARATION Appeal No. 3986 Project/Applicants: County Tax Map No. Location of Project: Barry and Beverly Lehr 1000- 76-1-1 15 Sun Lane, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Front and side yard variances for existing shed 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 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 congerning'setback, area or lot-line variances determines this application tO fall under the established list of TYPe II Actions. Pursuant to Section 617.2jj, this DePartment is excluded as an involved agency. This determination shall not, however agency's interest as an involved agency un~ For further information, please conta, Boardof Appeals, Town Hall, Main Road, So~ [516) 765'1809. mc affect any other 1er SEQRA 6t7.2jj. :t the Office of the [thold, NY 11971 at -26- APPEALS BOARD MEMBERS Gerard P. Goehringex, Chairman Charles Grigonis, Jr. S~rg¢ Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765~1809 SCOTT L. HARRIS Supervisor BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. Town Hall, 53095 Main Road P.O. Box 1179 SouthoM, New York 11971 Fax (516) 765-1823 Telephone (516 ~ 765-1800 November 15, 1990 '- Special Meeting TYPE II ACTION DECLARATION Appeal No. 3985 Project/Applicants: County Tax Map No. Location of Project: Herbert and Catherine Lindtveit 1000- 87-4-7 Windy Point La. off S/s Bayview Rd., Southold, NY Addition and alteration to existing dwelling within 75 feet of bulkhead Relief Requested/Jurisdiction Before This Board in this Project: 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 the Town of Southold. An Environmental Assessment :(Short) Form has been submitted with the s~ahject-ap~lication 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-line variances determines this application tofall under the established 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 OffiCeof the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at {516) 765-1809. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles G-rigonis, Jr. Serge Doyen. Ir. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 -27- BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. SCOYf L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Sonthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 15, 1990 Special Meeting TYPE II ACTION DECLARATION Appeal No. 3983 Project/Applicants: County Tax Map No. Location of Project: Janet Maloney 1000- 90-l-25 30 West Lake Drive, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Appr0va] of deck - bulkhead setback 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 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, areaor lot-line variances dete~uines this application to fall under the established list ofType 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 infozmation, 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 -28- 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 November 15, 1990 S.E.Q.R.A. Special Meeting TYPE II ACTION DECLARATION_ Appeal No. 3973 Project/Applicants: County Tax Map No. Location of Project: John and Rose Milazzo 1000- 57-2-20 9 Island View Lane, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to locate addition and reconstruction of dwelling within 75' of bulkhead, insufficient rear yard, insufficient side yard and total side yards ~ 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 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-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is ~xcluded 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. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN JR. JOSEPH H. SAWlCKI JAMES D1NIZIO, JR. -29- Southold Town Board of Appeals MAIN ROAD-STATE RIOAD 25 SOUTH{OLD, L.I., N.Y. 11971 Date: S.E.Q.R.A. TELEPHONE {516) 765-1809 November 15, 1990 Special Meeting~ UNLISTED ACTION Notice of Determination of Non-Significanc~ Appeal No. 3984 Project/Applicants: Pudge Corp. County Tax Map No. 1000- 63-]-]0 Location of Project: ]040 H0rtan's Lane, S0uth0]d, NY Relief Requested/Jurisdiction before, this. Board in this ~rgject: Variances from Board conditions for neigh~ and truck rental business accessory to principal use. 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 844-4 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 shouldbe project be implemented as planned, and: { X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: { } the project is proposed in an .area with land contours 10 or more feet above mean sea level; { } the area seaward of the proposed construction is bulkheaded; { } the project is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted within the next 20 days. For more information, please contact our office. Copies to: Planning Board, Town Trustees, N.Y.S.-D.E.C. and/or Suffolk County Department of Health Services. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 -30- BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 s°Uthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 S.E.Q.R.A. November 15, 1990 Special M~et i_n g TYPE II ACTION DECLARATION Appeal No. 3987 Project/Applicants: County Tax Map No. Location of Project: S & N Associates 1000- 102-2-24 31095 Main Rd., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Variance as to insufficient lot width of Lots 2 and 3 in this pending division. 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 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'Sur' d~n concerning getback, area or lot-line variances d~t;~-[~is application, to fall underthe established list of Type II Actions. P~rsuant. to section 6t7.2jj, this Department is excluded as an involved agency. This-determinationshall 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, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 -31- SCOTT L. HARRIS Supervisor BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 15, 1990 .S.E.Q.R.A. Special Meeting T~PE II ACTION DECLARATION Appeal No. 3988 Project/Applicants: County Tax Map No. Location of Project: Antonio Vangi 1000- 83-]-7 645 Glen Court, Cutchogue, NY Relief Requested/Jurisdiction. Before This Board in this Project: Proposed garage with insufficient sideyards and within lO0 ft._ of bluff 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 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-line variances determines this application to fall under the established list OflType 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 l1971 at (516) 765-1809. mc Vote of the Board: Ayes: Messrs. Goehringer, DoYen and Dinizio. (Members Sawicki and Grigonis were absent.) This resolution was duly adopted. Southold Town Board of Appeals -~-- November 15, 1990 Special Meeting CONFIRMATION OF COMMITTEE AND OTHER MEETINGS: Thursday, November 15, 1990 7:30 Legislative Code Wednesday, November 21, 1990 (?)7:30 p.m. Planning/Zoning Wednesday, November 28, 1990 (?)8:00 a.m. Planning/Zoning Thursday, November 29, 1990 ZBA Regular Meeting 7:30 p.m. Thursday, December 13, 1990 ZBA Special Meeting 6:45 p.m. APPROVAL OF MINUTES: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to approve the Regular Meeting Minutes of the Southold Town Board of Appeals held on November 1, 1990. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Member Sawicki and Member Grigonis (out-of-state) were absent.) This resolution was duly adopted. DELIBERATIONS/DECISION: Appt. No. 3976 - THOMAS AND MARION SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast Corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. WHEREAS, .a public hearing was held and concluded on Novem- ber 1, 1990, and all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and Southold Town Board of Appeals -~ November 15, 1990 Special Meeting (Appl. No. 3976 - SANTACROCE decision, continued:) WHEREAS, the Board made the following findings of fact: Article III, Section 100-319[E) of the Zoning Code. is proposed to be 23" by 46" and would read: 1. This is an application for a Special Exception as referred by the written notice from the Building Inspector for a permit to construct "off-premises ground sign" under The sign Lighthouse Security Inc. Burglar and Fire Alarms 24-Hr. Central Monitoring Licensed 727-2728 Insured .... " 2. The premises in question consists of .632 of an acre and is a corner lot with frontage along two streets: (a) State Route 25) to the north, and (b) Shipyard Lane to the west, at East Marion, Town of Southold. 3. The subject premises is located in the R-40 Low- Density Residential Zone District. 4. On May 5, 1966, and again on March 22, 1979, the Board of AppealS'establiShed guidelines and principles governing signs not specifically covered in the Zoning Ordinance; and in Order to assist the travelling public and in the interest of traffic safe~y, the Board established the following types of activities for which a reasonable number of off-premises signs, directional only, may be conditionally granted for a limited time period: h. i. MOtels, hotels, tourist houses Restaurants and eating Places Churches Shopping centers or business Amusement areas Civic activities Federal, State, County,Town owned signs. 5. It is the position of the Board the sign, as proposed, for advertising purposes rather than directional does not meet the requirements established above and as required by law for Special Exception approval. Southold Town Board of Appeals -34- November 15, 1990 Special Meeting (Appl. No. 3976 - SANTACROCE decision, c~ntinued:) 6. Also in considering this application, the Board finds and determines: (a) the use of this sign is not within the best interests Of the general public or residents; (b) this proposal could in effect alter the essential character of the property or neighborhood in this zoning district and set ~.precedent for others; (c) the grant ~f this special excep- ulon as applied will not be in harmony With or promote the general purposes and intent of zoning. 7. The Board has considered subsec$ions (a) through (p) of Article XXVI, Section 100-264 of the Zoning Code in making thiS determination. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Doyen and Dinizio, it was RESOLVED, to DENY a Special Exception as applied in tbs Matter of THOMAS AND MARION SANTACROCE under Appiication No. 3976. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Member Sawicki and Member Grigonis were absent (out-of-state). This resolution was duly adopted. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. ppr ed - 12/12/90 Respectfully submitted, Lin~a F. Kowalski, Secretary $outhold Town Board of Appeals RECEIVED AND FILED BY SOU HOnD TOW Town Clerk, To~,~n o~ ~u~d 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 WAIVER OF NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, do hereby severally waive notice of the time, place and purpose of the Meeting of the Board Of Appeals to be held at the Southold Town Hall, Main Road, Southold, New York, on THURSDAYr NOVEMBER 15, 1990 at 6:45 o'clock p.m. and do hereby consent that the same be held on said date for the transaction of any business which may properly come before~id meeti_D~g~ ~ DATED: November 7, 1990._ ~~-~/~~~~~___ Southold, New York_/' Gerar~ P. Goehrin~er, C'ha..~rman ~ Charles Grigo/~s~f Jr.,/Member . Serge/J.~Doyen, Jr., Member Ja~es Dinizio~, J~'., M~lber /