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HomeMy WebLinkAboutZBA-08/09/1995APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES ~E-GULAR MEETING WEDNESDAY, AUGUST 9, 1995 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town HaH, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, AUGUST 9, 1995 commencing at 7:30 p.m. Gerard P. Goehringer, Chairman Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member l,inda Kowalski, Board Assistant and Secretary The Chairman called the meeting to order at 7:30 p.m. and proceeded with the public hearings, noted below: I. PUBLIC HEARINGS IIELD: 7:33 p.m. Appl. No. 4319 - YOSHIMASA OSATO. (Carryover from July 12, 1995). Proposed addition with reduced front front yard setback at 35 Sunset Way and 3250 Cedar Beach Road, Southold. 7:36 p.m. Appl. No. 4324 - RICHARD MAUTNER. Variance under Article IIIA, Section 100-30A.3 and Article XXIII, Section 100-239.4B, based upon the disapproval action of the Building Inspector dated July 18, 1995. Applicant proposes to construct deck addition at the rear of existing dwelling which will have an insufficient side yard setback or insufficient setback from bulkhead. The subject property is nonconforming having a lot area of 16,875 sq. ft. and a lot width of 50 feet. I~)cation: 2055 Bay Shore Road, also referred to as Lot 34 on the Map of Peconic Bay Estates, Greenport; Parcel ID #1000-53-4-12. 7:48 p.m. Appl. No. 4325 - THOMAS McCARTHY. Variance under Article IIIA, Section 100-30A.3, based upon the disapproval action of the Building Inspector dated July 18, 1995. Applicant is requesting permission to Page 2 - Minutes Regular Meeting of August 9, 1995 Southold Town Beard of Appeals exceed lot coverage in order to extend porch addition to a size larger than that permitted under Building Permit No. 22881 issued 7112/95. Property Location: 375 King Street, New Suffolk, NY; Parcel ID #1000-117-07-8.3; also referred to as Lot #3 on the Minor Subdivision Map approved 6113194. 7:55 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. (Carryover from July 12, 1995 for continuation). Property loeation: 55465 Main Road, Southold. HB Zone District. On motion by Member Villa, seconded by Chairman Goehringer, and duly carried, the hearing was postponed until September 13, 1995 as requested by the applicant in order to obtain an engineer's report. 7:56-8:55 and 9:05 - 9:17 p.m. Appeal No. 4314 - JAMES and BARBARA MILLER, Contract Vendees. (Owners]Sellers: Paradise of Southold, Inc. and Others). Continuation of hearing carried over from June 7, 1995 and further postponement from July 12th per request of attorney for applicant. Location of Property: 580 Basin Road, Southold, NY, Paradise Point Section One, Filed Map 3761-4111163; also known as 1000-81-1-16.7 (formerly part of 16.4). This request is based upon the March 29, 1995 action of disapproval by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: rtl. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-aero parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), Article III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXllI, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead... . 8:55 p.m. - 9:05 p.m. Temporary break. 9:17 - 10:15 p.m. RE-HEARING of Appl. No. 4128 -BRI~q~/ERS YACHT YARD, INC. Based upon the July 12, 1995 Beard Resolution, a rehearing is held to re-consider the use applied for by Brewer Yacht Yard at Greenport, Inc. on September 2, 1992, under Article XII, Section 100-121B(1), Special Exception #4128, for food services to its marina patrons and others. Subject premises is located in the M-II Zone District, identified as Parcel No. 1000-43-3-2. Street address: 2530 Manhanset Avenue, Greenport, NY. Page 3 - Minutes Regular Meeting of August 9, 1995 Southold Town Booed of Appeals End of hearings. See written transcripts of verbatim statements made during hearings. Written tx'anscripts of hearings prepared under separate cover and filed with Town Clerk's Office for reference and future use. RESOLUTION: SEQRA. On motion by Chairman Goehringer, seconded by Member Douglass, and duly carried, it was RESOLVED, to declare lead agency status and a Negative Declaration in this Unlisted Action under the New York State Envirenmental Quality Review Act in the Matter of Thomas McCarthy under Appeal No. 4325 for the reasons noted in the Notice of Negative Declaratio~. Vote of the Beard: Ayes: All. This resolution was duly adopted. RESOLUTION WITHDRAWING APPL. NO. 4321 - Vt{ANK PALUMBO and COUNTY OF SUFFOLK AND MARY MURPHY. On motion by Chairman Goehringer, seconded by Member Douglass, and duly carried, the variancm application of Frank Paiumbo was withdrawn, as requesled. DELIBERATIONS and DECISION carried over from July 12, 1995 Regular Meeting: Appl. No. 4316 - ()SCAR AND BETH BLEVINS. This is a Variance based upon the May 11, 1995 Notice of Disapproval is.~ued by the Building Inspector for permission to relocate dwelling and garage addition which will have insufficient front and side yard setbacks, Article IliA, Section 100-30A.3. Location of Property: 640 Haywaters Drive (and Mason Drive), Cutchogue, NY; County Tax Map Parcel No. 1000-104-5-23. Zone District: R-40. (Findings of Fact and Decision, continued on next page) Page 4 - Minutes Regular Meeting of August 9, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: August 9, 1995 APPL. #4316. APPLICANTS: OSCAR AND BETH BLEVINS. LOCATION OF PROPERTY: 640 Haywaters Drive, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 5, LOT 23. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 11, 1995. ~Under Article IIIA, Section 100-30A.3 ... Proposed Construction will have Insufficient front and side yard setbacks. PROVISIONS APPEALED FROM: Article IIIA~ Section 100-30A.3. RELIEF REQUESTED: Setback proposed at I I feet at its closest point and 15 feet at the northeasterly corner of the proposed dwelling, as roloeated, for the northerly side yard, and 25 feet from the southerly front yard (near Mason Drive). MOTION MADE BY MEMBER: Robert A. Villa SECONDED BY MEMBER.: Gerard P. Goehringer, Chairman ACTION/RESOLUTION ADOPTED: Approved as applied with the understanding that the applicant will obtain all other, agency approvals required for this new dwelling location and utility hook-ups. REASONS/FINDINGS: The subject property is a corner lot with two front yards. The house as exists is located 11 feet from the northerly side yard and at 25+- feet from the southerly front property line - at an angle and size different from that now proposed in this project. The dwelling structure is proposed to meet all other zo~king requirements. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. Page 5 - Minutes Regular Meeting of August 9, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: August 9, 1995 APPL. {?4324. APPLICANT: RICHARD MAUTNER. LOCATION OF PROPERTY: 2055 Bayshore Road, Greenport. NY. 1000-53-4-12. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector on July 18, 1995. "Proposed construction is less than 75 ft. from bulkhead ... and will have insufficient side yard setback .... " PROVISIONS APPEALED FROM: Section 100-244B. Art. IIIA, Section 100-3()A.3 and Article XXIV, RELIEF REQUESTED: Variance for addition for open deck with reduction in south (south]east) side yard setback from present 7.5 Icet to a requested 3.5 feet, and reduction in setback from bulkhead from present 55 feet at the northeasterly corner to a requested 35 feet at its closest point. MOTION MADE BY: James Dinizio, Jr., Member SECONDED BY: Gerard P. Geehringer, Chairman ACTION/RESOLUTION ADOPTED: Denied Granted setback from bulkhead provided width of the house and is not closer northeasterly corner at its closest point. 3-1/2 ft. reduction in sideyard, and deck is not wider than the existing than 55 ft. to the bulkhead at the REASONS/FACTS: The setback requested is similar to those existing along the waterfront in this area. The relief requested will no[ produce an adverse effect or impact on the physical or environmental conditions of the neighborhood as an "open" and "unenclosed, unroofed" deck addition. Grading and drainage is not to be toward the waterway or bulkhead area and shall be property retained. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unonimously adopted. Page 6 - Minutes Regular Meeting of August 9, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: August 9, 1995 APPL. #4319. APPLICANT: YOSHIMASA OSATO. LOCATION OF PROPERTY: 35 Sunset Way and 3250 Cedar Beach Rd, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 91, BLOCK 1, LOT 15. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 18, 1995. "Insufficient front yard setback required at 35 feet minimum, Article IIIA, Section 100-30A.3." PROVISIONS APPEALED FROM: Article IIIA~ Section 100-30A.3. RELIEF REQUESTED: Setback proposed at 30.5 feel from the westerly property line along Sunset Way, for the corner of proposed deck, requires a variance. The amount of relief requested appears to be appro~rinmtely 36 square feet due to the angle of the project. The setback from the northerly property line along Cedar Beach Road is shown as 35 feet (Code requirement). MOTION MADE BY MEMBER: Robert A. Villa SECONDED BY MEMBER: James Diuizio, Jr. ACTION/RESOLUTION ADOPTED: Approved as applied with the condition that the deck not be roofed, and shah remain open as a deck, as requested heroin. REASONS/FINDINGS: The subject property is a corn(ir lot with frontage along two streets. The amount of square footage necessary to afford relief is very minimal in relation to the requirement. Deck is proposed to ronmi,~ open and unroofed. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James DinJzio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was uoanimously adopted. Page 7 - Minutes Regular Meeting of August 9, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4314. Upon Application of JAMES AND BARBARA MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others). This application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dweliing, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), ref. Article III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Approval required to amend Filed Map as approved by the planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108... n Location of Property: 580 Basin Road, Southold, Section One, Filed Map No. 3761 filed April 11, 1963; 1000-81-1-16.7 (formerly part of 16.4). Paradise Point also known as WHEREAS, public hearings were held on June 7, 1995, July 12, 1995 and August 9, 1995, at which times all persons who desired to be heard were heard and extensive testimony recorded (pre and con); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; Page 8 -Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 WHEREAS, Board Members have familiar with the premi.~es in question, surrounding areas; and personally viewed and are its present zoning, and the WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval, upon which this variance application is based, is dated March 29, 1995. On March 10, 1995 the Building Inspector received a building permit application to construct a single-family dwelling with decks, accessory swimmingpool, and retaining the use of the existing boat basin (private mA~-ina) use for lot owners in the Paradise Point Association, Inc. The marina is "as builtM with docks, bulkheads, parking areas, an existing improved access extension; casements for access to the jetty by lot owners and others using the private m~ina, as well as open accessibility to and around the perimeter of this 1.79+- lot. 2. CODE REQUIREMENTS. The grounds for disapproval are as follows: 1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval is required ... to building single-family dwelling as a second use on this 1.79-acre parcel. R-80 zone requires 80,000 square feet per use. Article III, Section 100-30A. 3. Approval is required ... under ARticle XXIII, Section 100-239.4-B for location of dwelling with decks at less than 75 feet from the existing bulkhead. (Note: Paragraph numbers 4 and 5 relate to other department approval requirements). 3. PROPERTY DATA. The premises in question is located along Basin Read at Paradise Point identified on the County Tax Maps as District 1000, Section 81, Block 1, Lot 16.7 containing a total area of 1.79 acres (inclusive of low wetland area and inclusive of a strip of land referred to as a "jetty" - whose ownership has not be ascertained through title insurance or through search of deeds). After removal of the jetty upland area from the total area of this property, the lot area is 74,595+- square feet. The areas subject to flooding and unusuable for parking and residential-type uses appears to be 5,000+- sq. ft., leaving a total upland area of approximately 70,000 sq. ft. for two uses: (a) the existing private marina use and (b) a proposed single-family residential dwelling with accessory uses. Contiguous to the east is Basin Read, which is Page 9 - Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 shown on the map of Paradise Point to extend beyond, onto the subject property. Upon information received, no formal amendments to the 1963 Subdivision Map of Paradise Point were filed with the Suffolk County Clerk since its original filing as Map No. 3761. 4. PROPOSED VARIANCE. The applicant herein is contract vendee for the purchase of the subject property with proposals to alter the present improvements (base of road extending from Basin Read to the westerly waterway section), for construction of a new dwelling and accessory sw/mmingpool. 5. AMOUNT OF RELIEF REQUESTED. The proposed dwelling is shown to be 76'4' at its longest side (along the east measurement) and 76 feet wide at its point closest to the bulkhead along Southold Bay (Town Harbor). The setback of the house was originally proposed at 51 feet at its westerly corner point, and during the August 9, 1995 hearing, applicant's offered an alternative setback increase from 51 feet to 60 feet at its closest points, and increase from 58 feet at its easterly corner to 65 feet. The setback shown from the easterly neighbor is 60 feet, and the setback from other deeded lot lines was shown at 75 feet or moro. The amount of actual house area which is rquested under the varianee is appro~,~imately 1175 square feet (ground area). The reduetion by the requested variance is 15 feet and 10 feet, rospeetively, whieh is 20% and 14%, respectively, less th~n the code roquirement of 75 feet. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots improved with single-family residences in a residential community with waterfront accessibility. The neighbors also have used the southerly portion of this property as a private marina for private boating purposes. To the south is appro×imately 80,0000 sq. ft. of land, mostly underwater, which which together with the c~n~l or inlet, is understood to be owned and privately used by Paradise Point Association, Inc. and its lot owners. Directly to the east fronting along Basin Read are two subdivision lots improved for residential use. 7. PRIOR APPEALS. The subject property has not been the subject of prior appeal applications. There are records which were reviewed pertaining to a May 11, 1981 map for a minor subdivision - apparently reviewed and acted upon by the Town pia~ning Board for approval. That minor subdivision map is different in some respects to the 1963 filed Major Subdivision map of Paradise Point pertaining to the Extension of Basin Read and possible turnaround area, however, a formal map filing for the amendments were not found through the County Clerk's records. The maps are unclear as to whether the existing access used as an Extension of Basin Road, and by lot owners and their families, was to be intentionally abandoned. The map also shows the jetty to be separate from the subject Page 10- Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 property in May 1981, and information in the hearing records indicates that the jetty was built by joint efforts of the residents and lot owners (and/or Association Members) from the Paradise Point area. 8. EFFECTS OF RELIEF REQUESTED HEREIN. position of the Beard that: It is the (a) an undesirable change will be produced by the grant of the relief requested for two principal uses on this 74,595+- square foot; (b) the grant of the variances requested would create "mixed uses" for both a private marina use and a private residence for which 160,000 square feet of 1And area is required in this R-80 Residential Zone District; (c) as noted in paragraph 5 above, the relief requested is substantial; (d) the difficulties claimed are personal in nature to the contract vendee, who has indicated he has a "signed contract" with the owner and that the architectural design, layout and size of the house that they have chosen is not "changeable' and was one of the reasons for wanting to build; (e) applicant has indicated no desire to alter the size or layout of the house in order to comply with the zoning regulations, including limited area for residential use in order to adequately provide parking and fire access to the marina areas around the property; (f) the relief, as requested, is not the minimum necessary, and does not adequately preserve and protect the character of the neighborhood and the health, safety and welfare of the immediate community areas; (g) in light of all the above, there are alternatives for appellant to pursue to better plan for the existing marina uses or for a principal residential building which will fit within an appropriate uplRnd area with greater setbacks from the water and wetland areas, with less reduction in setbacks and less relief. Accordingly, on motion by Member Villa, seconded by Page 11- Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 Member Dinizio, it was RESOLVED, to DENY the variances requested and as noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Vill~, and Tortova. This resolution was duly adopted by un~nirnoLIs vote of the board members. Page 12 - Minutes Regular Meeting of August 9, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: August 9, 1995 APPL. #4325. APPLICANT: THOMAS McCARTHY. LOCATION OF PROPERTY: 375 King Street, New Suffolk, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 117, BLOCK 7, LOT 8.3 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated July 18, 1995. "Enlargement of enclosed porch ...will exceed the permitted lot coverage .... " PROVISIONS APPEALED FROM: Article IIIA~ Section 100-30A.3. RELIEF REQUESTED: Enlargement of porch area from 12'4" x 17'8" as approved under Building Permit #22881Z on 7]12/95, to a size of 12' x 24.' The lot coverage, as enlarged, exceeds the code limitation by approximately 68 square feet due to the angle of the project. The front yard and side yard setbacks are proposed to conform with the zoning code requirements for a principal structure. MOTION MADE BY MEMBER: Lydia A. Tortora SECONDED BY MEMBER: Gerard P. Goehringer, Chairman ACTION/RESOLUTION ADOPTED: Approved lot coverage variance as applied for an enlargement of the proposed porch to 12' x 24' (instead of 12'4" x 17'8"). REASONS/FINDINGS: The variance is minimal and does not create any reduction in the established side yard. The porch is proposed to comply with all other zoning regulations. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Diuizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. Page 13 - Minutes Regular Meeting of August 9, 1995 Southold Town Board of Appeals Resolution adopted by the ZBA on August 9, 1995 ACTION OF THE BOARD OF APPEALS RE-HEARING of Appl. No. 4128 BREWERS YACHT YARD AT GREENPORT, INC. Based upon the July 12, 1995 Board Resolution, a rehearing is held to re-consider the use applied for by Brewer Yacht Yard at Greenport, Inc. on September 2, 1992, under Article XII, Section 100-121B(1), Special Exception #4128, for food services to its marin~ patrons and others. Subject premises is located in the M-II Zone District, identified as Parcel No. 1000-43-3-2. Street address: 2530 Manhauset Avenue, Greenport, NY. WHEREAS, after due notice, a public hearing was held on August 9, 1995 for the purpose of a "re-hearing to consider the use applied for in 1992 and its present operation, "and at said hearing, all persons who desired to be heard were hoard and their tesiimony recorded; and WHEREAS, the Board has carefully considered ali testimony and documentation submitted concerning this application; and WHEREAS, the Board f~millar with the premises surrounding areas; and members have personally viewed and are in question, its present zoning, and the WHEREAS, the Board made the following findings of fact: SITE INFORMATION 1. The subject premi.~es is an existing boatyard, marina and snack bar located at the southwest corner of Manhasset Avenue and Sandy Beach Road in Greenport. The entire upland portion of the site and some underwater lands are within the Marine II Zoning use district of the Town of Southold. 2. The size of the subject premi.~es is 9.5+- acres identified as County Tax Map District 1000 Section 43, Block 3, Lot 2. and is 3. On October 15, 1992, a Special Exception application for an accessory feed service establishment incidental to the principal use (marina) for "its marina patrons'* as requested under Appl. No. 4128, was conditionally approved. Page 14- Appl. No. 4128-SE Matter of BREWERS YACHT YARD AT GREENPORT Decision Rendered August 9, 1995 4. As part of that determination, conditions were placed which required that in the event of an expansion, modification, alteration or chmnge to a use or floor area beyond the scope of the 46 ft. x 60 ft. area approval by the 1992 Special Exception, further approval would be required by the Board of Appeals. 5. Subsequently on December 14, 1992, an environmental review process was completed and a Negative Declaration pursuant to the previsions of the N .Y.S. Environmental Quality Review Act was declared by the Town of Southold for this use and marina-related activities at this site. 6. By letter dated June 8, 1994 to Claudia Helinski, the present tenant-operator of the subject snack-bar restaurant, the plannln~ Board of the Town of Southold confirmed that its present use was covered under its site plan approval issued January 11, 1993, and therefore no further review is required by their department pertaining to the parking and site plan regulations. 7. By letter received April 24, 1995 from Arthur M. Tasker (resident of the area) requesting that the Town review the activities of this "food service" due to concerns over recent advertisements in the local newspapers for catering as well as lunch and dinner at "The Salamander Cafe" and serving beer and wine to interested patrons, Mr. Tasker is concerned that the services extended were beyond the use/activites approved by the Board of Appeals in 1992, particularly since the resolution stated it was to be an "accessory food service facility for its marina patrons as an amenity", and other reasons. (Emphasis added) (Ref: Verbatim transcript of hearing record of August 9, 1995.) RESTAURANT USE 8. For the record the following facts are noted: a) At the time of issuance of the Special Exception, the zoning code allowed a "restaurant" use by Board of Appeals approval pursuant to Article XII, Section 100-121B(2): Uses permitted byspecial exception ...: (1) Restaurants, excluding outdoor counter service, drive-ins or curb-service establishments. Such prohibition b) A "restaurant" use was defined in the Zoning Code at the time (during 1994 and previously), as follows: Any premises where food is commercially sold for on-premises consumption to patrons seated at tables or counters. Any Page 15- Appl. No. 4128-SE Matter of BREWERS YACHT YARD AT GREENPORT Decision Rendered August 9, 1995 e) Seating at tables or counters was authorized under the 1992 Special Exception. d) The number of seats for all patrons was, and still is, limited based upon the Health Department permit and based upon the size of the floor area of 46 ft. by 60 ft.; see particulars detailed on site plan prepared by Daniel S. Natchez and Associates, Inc. dated July 31, 1992. 9. By the 1992 application it was knowll and accepted that the subject snack-bar or "co. fen use was intended for service of prepared foods nmlnly for marina and boatyard patrons. It was not the intent of the Board of Appeals to prohibit the service of food on-site to patrons other than marina users, however it shall be available for the marina and boatyard customers as well as others. Thi.~ single-service restaurant is specifically defined by the County Health Department and is conditioned by thi.~ determination as such. Thi.~ food service is small and has a lighter effect on the area than that caused by large-scale restaurants containing dinln~ with entertainment, dancing, etc." In fact it was represented agein to the Board by the applicant that the use is no different than that presented in 1992 when it received its approvals. The applicant has assured the Board that in the event there is any change, the owner will return to the Town to obtain necessary approvals and assure full compliance. COMPLIANCE 10. In considering the testimony submitted during this new hearing and visiting the area, the Board Members find the present use is in full conformity with the Special Exception pertaining to the "use" as a snack bar, eafe-type restaurant (single-service) - and the applicant has indicated he is not requesting a different use, is not requesting an expanded use, and is not requesting anything ether than that permitted under zoning. This Board agrees. Although a question was raised about the eode's provision pertaining to a six month expiration period, the Board finds that all permits were actively pursued, Building Permit #22148 was issued on 6/23/94. Subsequently a Certificate of Occupancy was also issued. LIMITATION OF FUTURE EXPANSION 11. The use granted under Special Exception No. 4128 is, and continues to be permitted at its present size of 46 ft. by 60 ft. in floor area, and is subject to other rules and regulations specified in the Zoning Code (and other codes applicable to this establishment). Page 16- Appl. No. 4128-SE Matter of BREWERS YACHT YARD AT GREENPORT Decision Rendered August 9, 1995 12. Considerations by the Board were also given, among other things, under Section 100-263, sub-paragraphs A through P of Section 100-264, and Section 100-265, and find that there is no adverse effect or disturbance, as presently operating. 13. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mrs. Tortora, it was RESOLVED, to RE-CONFIRM the use approved under Special Exception application No. 4128 for a single-service restaurant use, commonly rofer~ed to as a snack-bar or cafe-type restaurant and provided under Article X, Section 100-121B(1) of the Southold Town Zoning Code, at the existing marina and boatyard parcel of 9.5 acres, subject to full conformity with all rules and regulations applioable to a "single-service restaurant" defined by the Suffolk County Health Department. VOTE OF THE BOARD: AYES: Messrs. Goehringer, Doyen, Dinizio, Villa and Tortora. This resolution was duly adopted. Clarification Noted: This establishment is not limited to "rr~rln~" patrons only and must re-apply for expansion, as well as other restrictions in accordance with the Code of the Town of Southold. Page 17 - Minutes Regular Meeting of August 9, 1995 Southold Town Board of Appeals RESOLUTION FOR NEXT MEETING: On motion by Member Doyen, seconded by Chairman Goehringer, it RESOLVED, to authorize publication of the following new applications for public hearings to be held on Wednesday, September 13, 1995: 1. 7:32 p.m. Appl. No. 4331 - DAVID AND CLAIRE AIR. Variances based upon the August 1, 1995 Notice of Disapproval issued by the Building Inspector under the Zoning Ordinance, Articles XXIV, Section 100-241A and 100-243A, and XXIII, Section 100-239.4B, for a building permit to construct structural alterations and increase floor area of principal building with nonconforming front yard and sideyard setbacks and with nonconforming use(s), and to c~nstruct deck additions, seaward of existing building setback line (within 75 feet of .seawall). Location of Property: 2072 Village Lane, Orient; Parcel No. 1000-24-2-27. 2. 7:38 p.m. Appl. No. 4327 - ROBERT AND DENISE WHELAN. Variance based upon the July 31, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33), for a building permit to construct accessory building in an area other than the required rear yard. The subject property contains an area of approx. 20,400 sq. ft. Location: 160 Bungalow 'Lane, Mattituck; Parcel ID #1000-123-2-2. 3. 7:43 p.m. Appl. No. 4326 STANLEY and StlARON SWANSON. Varianee based upon the August 5, 1995 Notiee of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.3 for permission to exchange property (lot line adjustment) which will reduce the required total area of parcel 1000-141-2-21.5 (owned by Robert Hamilton) and increase the area of parcel 1000-141-2-15 (owned by Stanley and Sharon Swanson) by approx. 8,129 sq. ft. Property Location: Southerly side of Horton Avenue, Mattituck; Also referred to as part of Lot #3 on the Minor Subdivision Map approved 4-12-93 by the Planning Board for Robert D. Hamilton. 4. 7:47 p.m. Appl. No. 4328 -ROBERT FEGER and THERESA TAYLOR. Special Exception under Article IIIA, Section 100-30B for an Accessory Bed and Breakfast Use in conjunction with the owner's existing single-family residence for the purpose of renting and serving of breakfast to a maximum of six (6) transients not more than three bedrooms (nmximum). Location of Property: 5370 Nassau Point Road, Cutchogue, NY; Parcel No. 1000-111-8-19. 5. 7:50 p.m. Appl. No. 4330 -FLORENCE TILDEN. Variance based upon the July 26, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A. 3 for permission to construct garage addition to dwelling with an insufficient front yard and side yard Page 18 - Minutes Regular Meeting of August 9, 1995 Southold Town Board of Appeals setbacks. Location of Property: Parcel No. 1000-115-17-14. 3100 Deep Hole Drive, Mattituck, NY; 6. 7:55 p.m. Appl. No. 4329-CHRISTOPHER MAUCERI. Variance based upon the July 24, 1995 Notice of Disapproval from the Building Inspector, Article XVIII, Section 100-181C(3) for permissi~n to construct a single-family dwelling with insufficient front yard setback in this cluster development. Location of Property: 1455 Evergreen Drive, Cutchogue, NY; County Tax Map Parcel No. 102-1-4.4. 7. 8:00 p.m. Appl. No. 4332 -ARTHUR ltAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Buildi~tg Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessory garage in a frontyard area on this waterfront parcel w0ith reduced setback. Location of property: 1020 Strohson Road, Cutchogue, NY; Parcel No. 1000-103-10-25. 8. 8:05 p.m. Appl. No. 4334 -ESTATE OF CLOTILDA OLIVER. Variance based upon the August 18, 1995 Notice of Disapproval from the Building Inspector, Article XXIV, Section 100-241 for permi~sion to re-establish nonconforming retail sales use in this M-II Zone District. Location of Property: 64355 Main Road, Greenport, NY; Parcel No. 1000-56-4-21. 9. 8:10 p.m. Appl. No. 4333 -GENEVIEVE STALEY and FRANK PALUMBO, as Contract Vendee. Variance bsaed upon the August 16, 1995 Notice of Disapproval from the Building InspL~ctor, Article XXIII, Section 100-239.4A(1) for permission to construct a new dwelling within 100 feet of the top of the bluff or bank of the Long Island Sound. Location of Property: 3200 Sound Drive, Southold, NY; Parcel No. 1000-33-1-7. 10. 8:15 p.m. Appl. No. 4335 -HELENE BULGARIS and SUZANNE FONDILLER. Variance based upon the August 9, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 for permission to amend building permit for the construction of an as-built inground swimmingpool as an accmssory structure in an area other than the required rear yard (instead of as an attached structure). Location of Property: 1575 Captain Kidd Drive, Mattituck, NY; Parcel No. 1000-106-05-17 & 18. 11. 8:20 p.m. Appl. No. 4317 - EDWIN (Carryover from July 12, 1995 for continuation). 55465 Main Road, Southold. HB Zone District. and DONALD TONYES. Property location: Vote of the Board: Ayes: All. This resolution was duly adopted. Page 19 - Minutes Regular Meeting of August 9, 1995 Southold Town Board of Appeals SPECIAL EXCEPTIONS The Board Secretary confirmed that she submitted copies of her five-page report to ZBA Member boxes within the last two weeks listing Special Exceptions (from 1985 to the present time). Board Members Villa and Tortora asked that research be done to determine the Planning Board and/or Building Permit issuance time periods for special exceptions generally during the past 10 years. The Board Secretary asked for assistance from Board Members in reviewing the planning Board and Building Department files and/or Assessors cards for that 10-year time period. The Chairman indicated that when time permits, a new list would be prepared, in draft form. It was noted that the research list would be informally done to be used "for internal ZBA use" only until such time as a resolution (in the future) from the Board of Appeals as an entire board hsa reviewed the same and then perhaps prepared in its submission of code change recommendations, or no code changes, to the Town Board. The Chairman appointed Members Tortora and Villa as two ZBA members to give suggestions back first to the ZBA for consideration, in order that a formal recommendation through the ZBA by resolutiou could be finalized. Members Villa and Tortora indicated the wording o[ Section 100-262(c) should be further discussed. Member Dinizio said be did not feel there was a need for a eh-nge in the wording of the code but would like to be included when it is further discussed for possible change. Following the end of the informal discussions, motion was made by Member Tortora, seconded by Chairman Geehringer, and duly carried, to adjourn at this time. The meeting was adjourned at 10:52 p.m. Respectfully submitted, IAn~l~'~ da Kowalski, Secretary Board of Appeals 9-18-95 RECEIVED AND FILED BY THE SOUTttOLD TOWN CLERK DATE / -~2-~ HOUR Town Clerk, Town of Southold