HomeMy WebLinkAboutZBA-12/07/1994APPEALS BOARD MEMBERS
Gerard P. Goehringer. Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Ha
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1S23
Telephone (516) 765-1809
MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 7, 1994
7:15 p.m. Work Session - File Reviews - No action was taken.
7:30 p.m. Regular Meeting - Call to Order by Chairman
A Regular Meeting was held by the Southold Town Board of Appeals
on WEDNESDAY, DECEMBER ?, 1994 commencing at 7:30 p.m. at the
Town Hall, 53095 Mmln Road, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairman/Member
Serge J. Doyen, Jr., Member
James Dini~io, Jr., Member
Robert A. Villa, Member
Richard C. Wilton, Member
l.lnda Kowalski, ZBA Secretary
I. PUBLIC HEARINGS. These matters were held for public hearings.
Following the public hearings are the findings and determinations
rendered by the Board of Appeals as may have been rendered immediately
after the conclusion of each hearing. Also see verbatim transcripts for
each hearing, which have been prepared under separate cover and fried
simultaneously with this set of minutes.
7:35 p.m. Appl. No. 4284 - T~HOMAS &'
Request for a Variance Under
to locate an accessory garage
rather than the required rear yardi at
Lane, Cutchogue, NY; County Tax Map 1000-85-2-22. The
subject premises is a substandard parcel in A-C Agricultural
Conservation Zone District containing approximately 41,585 sq. ft. in
total lot area. (Setback from property lines, whei~ lo~ated in a yard
area other than a rear yard, shall be determined by the Board of
Appeals.) Tom Thompson appeared in behalf of the application. (See
transcript for verbatim testimony during hearing.) Following the
hearing, the Board took the following action to approve the relief
requested:
Page 2 - Minutes
Regular Meeting of December 7, 1994
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: December 77 1994 APPL. #4284.
APPLICANT: THOMAS THOMPSON
LOCATION OF PROPERTY: 2980 Bridge Lane~ Cutchogue; Lot #10,
Map of Ismar Acres approved March 13~ 1973.
COUNTY TAX MAP DISTRICT 1000, SECTION 85, BLOCK 2, LOT 22.
BASIS OF APPEAL: Notice of Disapproval issued by 'the Building
Inspector dated November 3~ 1994: "Accessory buildings shah be
located in the required rear yard."
PROVISIONS APPEALED FROM: Article III~ Section 100-33.
RELIEF REQUESTED: 24' by 24'accessory garage located at least 15 feet
from the westerly side property line and at least 150 feet from the
front property line (along Bridge Lane).
MOTION MADE BY: James Dinizio, Jr., Member
SECONDED BY: Gerard P. Goehringer, Chairman-Member
ACTION/RESOLUTION ADOPTED: Granted front yard location of 24' x
24' accessory garage~ with a setback of at least 15 feet from the
westerly side property line and at least 150 feet from Bridge Lane~ with
the condition that this accessory building not be converted or used for
living or habitable purposes.
REASONS/FINDINGS: Dwelling is set back 197+- feet from front
property line. Property contains 135 ft. lot width. Garage is close to
dwelling and gives the appearance of an attached building.
VOTE OF THE BOARD:
Ayes: Serge J. Doyen, Member
James Diaizio, Jr., Member
Robert A. Villa, Member
Richard A. Wilton, Member
Gerard P. Goehringer, Chairman-Member
This resolution was unanimously adopted_.
Page 3 - Minutes
Southold Town Board of Appeals
Regular Meeting of December 7, 1994
PUBLIC HEARINGS, continued:
7:42 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER
Request for a Special Exception under Article III, Section 100-31B(13)
for permission to establish Winery Use for the sale of wine produced from
grapes primarily grown on the existing Vineyard where the proposed
Winery is to be located, to wit: 45470 Main Road, Southold, NY; County
Tax Map Parcel No. 1000-75-6-9.7 and 9.8 (combined total: 30 acres).
Mr. Lauber appeared before the Board. Also appearing, in opposition
however, were Mr. and Mrs. Joseph Fristachi who were concerned with
traffic and the location of the parking and access areas near the
vicinity of their property line. (See verbatim transcript for actual
statements made during the hearing.) Following testimony, the hearing
was declared recessed until the January 4, 1995 meeting, at which time
the public hearing will continue, and the applicant can return to the
Planning Board to determine the location of the parking areas, buffered
areas from residences, and the access areas on this 29+- acre parcel
(vineyard and new winery). On motion by Chairman Goehringer,
seconded by Member Wilton, it was
RESOLVED, to continue the public hearing on this matter at the
January 4, 1995 Regular Meeting.
VOTE OF THE BOARD: Ayes: All.
g:08 p.m. Appl. No. 4283 - GAIL
Request for Variances under . Article
100-33C, based upon the October 21, 1994 Notice of issued
by the Building Inspector for permission to: (I) lot line
resulting in a reduction 'in the existing lot. width On lot
from 208.14 feet to 125 feet {Code requirement is .175 R-80
Residential Zone District}, and (2) if the lot width
approved, to locate accessory pool in the new side Yard area to the ~west
of the 'existing single-famil~ ~dwelling~ Location o~ Pr°Pertvk Private
right,of-way known ~s HalleCk Lane ~d Private Ro~ ~n ~ ~-
off the ~north side of Sound Avenue, Mattituck, NY (o~e~rO'and"~n~
~f0~Ch~a~r~le~s .Simm?ns and Edwards Harbes); County Tax Map Parcels No.
~z+~i-~ ~a_n~ 4..~ Mr. T~ho..mas. Wolper. t of Young & Young appeared
~ ~ ooaru. [oee veroaum ~rnnscr~pt prepared of statements made
du~ug hearing.) The hearing was concluded, and the deliberations time
period commenced.
8:27 p.m. Appl. No. 4285 - ELBERT E. LUCE, JR. Request for a
Variance under Article III, Section 100-33 and Section 100-32, based upon
Page 4 - Minutes
Southold Town Board of Appeals
Regular Meeting of December 7, 1994
two separate November 7, 1994 Notices of DisapproVal issued by the
Budding Inspector for permission to construct accessory storage building
(shed) in an area other than the required roar yard, and deck addition
to dwelling, as built, which h~s an insufficient rear yard setback.
Location of Property: Private Right-of-way extending 332.51 feet off the
easterly side of Youngs Road, (House #944), Orient, NY; County Tax
Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area
of 21,188 sq. ft. and is located in an R-80 Residential Zone District.
Ed Boyd V, Esq. appeared in behalf of the applicant. (See transcript
for verbatim statements made during the hearing. ) Following the
hearing~ the Board took the following action to approve the relief
requested:
(continued on next page)
Page § - l~linutes
Regular Meeting 'of December 7, 1994
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: December 7, 1994 APPL. #4285.
APPLICANT: ELBERT E. LUCE, JR. (Edward J. Boyd V~ Esq.)
LOCATION OF PROPERTY:- Private Right-of-way off the easterly side of
Youngs Road, Orient.
COUNTY TAX MAP DISTRICT 1000, SECTION 18, BLOCK 2, LOT 14.
BASIS OF APPEAL: Two separate Notices of DisapprOval issued by the
Building Inspector~ each dated November 7, 1994: "Accessory
building, as built, shall be located in the required rear yard," and
"deck addition, as built, with insufficient rear yard setback."
PROVISIONS APPEALED FROM: Article III~ Sections 100-32 and 100-33.
RELIEF REQUESTED: 10' x 12' accessory shed located previously in the
rear yard, and now situated in a side yard, 35'9" from the southerly
property line and more than 60 feet to the easterly side property line.
Subject deck addition is shown 33 feet from the rear property line
instead of the required 35 feet.
MOTION MADE BY: Richard C. Wilton, Member
SECONDED BY: Serge Doyen, Jr., Member
ACTION/RESOLUTION ADOPTED: Granted side yard location of 10' x
12' accessory shed~ as built~ and granted open deck addition 'with a rear
yard-setback of 33 feet, as located~ and all as shown on survey dated
November 2, 1994 prepared by Roderi~k VanTu¥1 ~ P. C
REASONS/FINDINGS: Prior to location of deck, accessory shed was
located in a required rear yard. Amount of deck subject to variance
consideration is two feet. The variance is not unreasonable and is
minimal, under the circumstances.
VOTE OF THE BOARD:
Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Richard A. Wilton, Member
Page 6 Minutes
Regular Meeting of December 7, 1994
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: December 7, 1994 APPL. #4282.
APPLICANT: JOHN AND DOREEN MAZZAFERRO/CURT W. MEYHOEFER
LOCATION OF PROPERTY: 434.75 Main Road, Peconic, NY;
COUNTY TAX MAP DISTRICT 1000, SECTION 75, BLOCK 1, LOT 18.1.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated October 25~ 1994: ~Attached deck "as built" has
insufficient side yard setback.~
PROVISIONS APPEALED FROM: Article III, Section 100-32.
RELIEF REQUESTED: Variable-deck addition set back 4'9~ from the
westerly side property line at the rear of the existing two-story frame
dwe]Hng. Deck is raised 16" from ground level and was constructed
under prior policy of the Bni]dlng Department.
MOTION MADE BY: Gerard P. Goehringer, Chairman-Member
SECONDED BY: Richard A. Wilton, Member
ACTION/RESOLUTION ADOPTED: Granted setback for raised deck.16"
from ground level~ as built, 4'9" from westerly side property line
and south of the existing accessory shed building situated closed to
the subject deck area. Deck shall remain unroofed and unenclosed -
remaining open, as built.
REASONS/FINDINGS: Deck .is built oniy 16" from ground and appears
to have been constructed pursuant to policy of the Building Department
under prior zoning code which did not require a permit as 'patio
construction." Certificates of occupancy were not issued for
structures built without building permits. The current zoning
code requires a building permit for this type of deck. Circum-
stances are uniquely related to the property and the interpretation
of the prior zoning provisio~l(s) by the building inspector(s). Deck
also is close to the same setback from this westerly side preperty line
as the existing shed which is accessory and located in the rear yard.
VOTE OF THE BOARD:
Ayes: SergelJ. Doyen, Member
James Dinizio, Jr., Member'
Robert A. Villa, Member
Richard A. Wilton, Member
Gerard P. Goehringer, Chairman-Member
This resolution was unanimously adopted.
Page ~: 7- Minutes
Southold Tov~u Board of Appeals
Regular~Meeting of December 7, 1994
PUBLIC HEARINGS, continued:
8:30 p.m. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK
KOEHLER, JR. Thi.~ is an application requesting a Special Exception for
approval of"a new winery establishment in two existing farm buildings for
the production and sale of wine produced from grapes primarily grown on
the Vineyard and Winery Establishment proposed at 44075 Main Road
(State Route 25), Pecouic, NY; County Tax Map Parcel. No.
1000-75-1-20. The entire premises contains 50.8 acres located in the
Agricultural-Con.~ervation (A-C) Zone District. Henry Ray-nor appeared
in behalf of the applicants. Also appeared, in opposition was Mrs.
Virginia DraPer and her sister, adjoining propePty owners. (See
transcript for verbatim statements made during the heaping.) Following
testimony, the hearing was declared closed (concluded), pending
deliberations at a later date.
8:45 p.m. Appeal No. 4282 CURT W. MEYHOEFER/JOHN and
DOREEN MAZZAFERRO. Request for a Variance under Article III,
Section 100-32 for approval of deck, as built, with a setback at less
than the required i~ffteen (15) ft. setback from the northerly side
property line, at premi.ges known as 43475 Main Road, Peconic, NY;
County Tax Map Parcel No. 1000-75-1-18.1. William D. Moore, Esq.
appeared and spoke in behalf of the new owners, John and Doreen
Mazzaferro, and the seller, Curt Meyhoefer, also presented testimony
relevant during the time he owned the property and built the deck.
(See transcript for verbatim statements made durin~ the hearing. )
Foliowir~g testimony, the Board took the following actio~ to approve the
relief requested:
Page ~ - Minutes
Southold Town Board of Appeals
ReguLar Meeting of December 7, 1994
PUBLIC HEARINGS, continued:
8:56 p.m. Appl. No. 4287 - NORTH FORK BEACH CONDOMINIUM.
Request for a Variance under Article III, Section 100-33 based upon the
November 1, 1994 Notice of Disapproval of the Building Inspector, for
permission to locate An inground swimmingpool in an area other than the
required rear yard and which faces the south side of Soundview
Avenue. Property identified as: 52325 County Road 48, Southold, NY;
County Tax Map Parcel No~ 1000-135.1-1-1 thru 43. The entire premises
contains 1.18 acres and is a corner lot. Zone District: R-40
Low-Density Residential. Paul Calninlti, Esq. appeared with Engineer Jim
O'CaIIAhAu of Burton Smith and O'Callagh, and John Callahan, the
manager of the condominium units. There was discussion about locating
the pool behind the existing screened area, and the applicant with his
agents agreed to re-visit the site to determine whether it would be
feasible for the size proposed. Mr. Callahan indicated he is a fulltime
resident of Southold and has a business known as "Lighthouse
Appliancesn at Horton's Point. (See transcript for verbatim statements
made during hearing.) Following discussion, motion was made by the
Chairman, seconded by Member Villa, to continue the public hearing, as
agreed by everyone, until the January 4, 1995 ReguLar Meeting. Vote of
the Board: AYES: All.
Page 9 - Minutes
Regular Meeting of December 7, 1994
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
Appl. No. 4283.
Upon Application of GAIL DESSLMOZ and MICHAEL RACZ (by their
agent, Thomas C. Wolpert). Request for Variances under Article III,
Section 100-32 and 100-33C based upon the October 21, 1994 Notice of
Disapproval from the Building Inspector for permission to: (1) change a
lot line resulting in a reduction in the exi.~ting, lot width on the
westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet
in thi.~ R-80 Residential Zone District), and (2) ff the lot width
reduction is approved, to locate swimmiugpool in the new side yard area
to the west of the existing single-family dwelling. Location of
Property: Private right-of-way known as Haliock Lane and Private Road
#10, which extends off the north side of Sound Avenue, Mattituck, NY
(over and along lands of Charles Simmons and Edward Harbes); County
Tax Map Parcels No. 1000-112-1-3 and 4.
WHEREAS, the above was published as required by law in the local
and official newspapers of the Town, to wit: The Suffolk Times and
Long Island Traveler-Watchman, Inc.; and
WHEREAS, this matter has been declared a Type II Action under the
New York State Environmental Quality Review Act (SEQRA);
WHEREAS, after due notice, a public hearing was held On Decem-
ber 7, 1994 at which time 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, Beard 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. AREA VARIANCE. This variance application was filed on
October 27, 1994, and pertains to two separate area variances: (1) for a
change in lot line ' ' -
location resulting m the proposed reduction of width
(frontage) to less than the required 175 feet, and (2) for the location
of an accessory swimming-pool structure in a proposed westerly side yard
75 feet distant from the existing two-story frame house (easterly) and 24
feet from the proposed' property division line, as modified and noted in
(1) above.
Page 10-Appl. No. 4283
Application of MICHAEL RACZ & ano.
Decision Rendered December 7, 1994
2. BASIS OF APPEAL FOR ACCESSORY SWIMMINGPOOL AND LOT
LINE CHANGE. The Building Inspector's Notice of Disapproval upon
which thi.g new Appeal Application is based is dated October 21, 1994 and
pertains only to the lot line alteration request and location of an
accessory swimmiugpool in a side yard area. The Notice of Disapproval
does not address the proposed pool house - which was added to amended
maps without review by the Building Inspector and after the variance was
advertised. Amendments after advertising, as such, do require an
application under the same procedure as the original application and
amended Notice of Disapproval, as well as amended notice to adjacent
property owners.
3. CODE REQUIREMENTS.
A) Article III, Section 100-32 (Bulk Schedule) of the Zoning
Code provides that the minimum lot width for lots containing 80,000 sq.
ft. or more be at 175 feet.
B) Article III, Section 100-33(C) provides as follows:
...Accessory buildings and structures or other accessory
uses shall be located in the required rear yard, subject
to the following requirements...
C. In the case of a waterfront parcel, accessory
buildings and structures may be located in the front
yard, provided that such buildings and structures
meet the front-yard setback requirements as set forth
by this Code.
4. EXISTING BUILDINGS AND PROPERTY DATA.
(a) The premises in question is situated along a private
right-of-way known as "Hallock Lane," Mattituck. Hallock Lane extends
north of Sound Avenue, and received a conditional New York Town Law,
Section 280-A approval under Appeal No. 3433 on September 11, 1986;
(b) The premises with existing buildings and proposed
variances, with the exception of the p0olhouse, are all shown on the
October 1,'1994 map prepared by YoUng & YoUng, land surveyors. The
westerly -parcel (Lot 3) will be modified by this lot line cl~ange from
142,017 sq. ft. to 85,861 sq. ft., and the easterly lot (Lot 4) modified
from 71,889 sq. ft. to 128,045 sq. ft.;
(c) The depth of the parcels from the right-of-way to the
highwater mark are shown to be at least 675 feet, except that the land
area between the top of bluff as deter'mined by the survey on 8/4194 and
the northerly property line along the highwater mark reduces the lot
depth to 370+- feet;
(d) The main building or two-story frame dwelling, on the
easterly parcel (Lot 4)is shown to be 43+- feet at its closest point to
the top of the bluff and 278.60 feet to the southerly most front property
line;
Page 11-Appl. No. 4283
Application for MICHAEL RACZ & ano.
Decision Rendered December 7, 1994
(e) The accessory buildings are labeled as one-story frame
building and two-story frame garage which are located in the yard facing
the water and the yard facing the right-of-way, respectively;
(f) The westerly lot (Lot 3) is presently improved with a
two-story frame building which is pending review by the Building
Department for relocation in accordance with ali zoning, building, and
other agency requirements.
5. PROPOSED VARIANCE. The 40 ft. by 20 ft. inground
swimmingpool structure is shown to be proposed as a separate structure,
close to the center snd in between the new location on
Lot 3 and the ex~sting accessory "one-story frame cottage" building. The
rear yard area is that area seaward of the existing dwelling. The front
yard area which permits accessory buildings is that general area south of
the existing main dwelling.
6. ALTERNATIVES. While the second map dated November 21, 1994
was not submitted by the applicants to the Building Inspector prior to
the issuance of the Notice of Disapproval, the pool is located in the
side yard area of a "cottage" building. Information has not been
submitted to show the history of the cottage building and the intent of
the ~cottage" building. The applicant should re-label the one-story
"frame cottage" building to read "accessory" building which is
understood to have been the use prior to the inception of zoning in
1957. This correction would allow the area seaward of the main house to
be rear yard, and the subject pool and related accessory building(s)
would appear to be better able to meet the requirements of Section 100-33
of the zoning code.
7. EFFECTS OF RELIEF REQUESTED.
Board that:
It is the position of the
(a) the location of the accessory structures in the westerly'
side yard of the building labeled none-story frame cottage~, as well as
in the westerly side yard of the main building, is substantial in
relation to the requirements, at 100%;
(b) there are alternatives for applicants to pursue, other
than a variance;
(c) there is other usable land area available to locate
accessory buildings without a variance, or possibly with a minimal
variance;
(d) the relief requested for the location of the accessory
pool on tlie October 1, 1994 map, and for the accessory pool house on the
November 21, 1994 map is not the minimum necessary to afford relief;
(e) the difficulties claimed are personal in nature to the
landowner rather than due to the uniqueness of the land since the owners
Page 12- Appl. No. 4283
Application for MICHAEL RACZ & ano.
Decision Rendered December 7, 1994
will not be deprived of reasonable use of a swimmingpool (or other
structure) in other land areas;
(f) in view of all the above, the interests of justice will be
served by denying the relief, as requested, for the pool and poolhouse
location, without prejudice to a future application for different relief;
(g) with respect to the lot width'reduction from 175 feet to
125 be approved, the interests of justice will be served.
AccordingIy, on motion by Member Villa, seconded by
Chairman Goehringer, it was
RESOLVED, to APPROVE the lot width reduction of Lot 3 to 125
feet, and new lot width of Lot 4 at 154.09 feet, as shown on the map
dated October 1, 1994 SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the two-story frame house to be located shall not be
occupied until properly re-located in accordance with all permits and
approvais; and
2. That there shall be the least amount of disturbance to soil and
areas subject to erosion to the maximum efforts possible; and
BE IT
FURTHER RESOLVED, to DENY .the relief requested on the map
dated October 1, 1994 pertaining to the accessory pool location for the
reasons noted above; and be it
FURTHER RESOLVED, to DENY the relief requested on the map
dated November 21, 1994 ~ertaining to the poolhouse' location in the side
yard in its entirety, for the reasons noted above.
Vote of the Board: Ayes:
Goehringer. No: Member Dinizio.
(4~1).
Messrs. Doyen, Villa, Wilton and
This resolution was duly adopted
Page 13 - Minutes
Southold Town Beard of Appeals
Regular Meeting of December 7, 1994
DISCUSSIONS/OTHER ACTION:
A) NEED FOR RESTRICTED OR NO-PARKING at Main Road, Laurel.
The Chairman was authorized as recommended by him to send a letter to
the Supervisor and the Town Beard urging a restricted, no-parking area
to be designated from a point west of the LIRR bridge in Laurel, and
extending easterly along both sides of the Main Road (S.R. 25), up to a
point approximately 100 feet east of the intersection at Bray Avenue, Old
Main Read, and State Route 25 (just east of the e~i.gting gasoline station
at the triangle), in Laurel. The Board Members agreed.
B) UPDATE REQUESTED FROM BUILDING INSPECTOR Re: Ocean
City (a]k/a LKC Corp. or Jasta Corp. ) and observed noncompliance with
parking conditions of Special Exception and site plan. The Board
Members requested that a letter be sent to the Building Inspector (Gary
Fish) asking for an update on his observations at the site and bringing
to his attention the fact that the occupants of the Ocean City site are
not complying with the conditions of the Special Exception rendered by
this Beard in 1994. Apparently, the adjoining property owner
(Crenshaw) has terminated his lease with LKC Corp. (Ocean City), and
during the evenings there have been observed several hazardous parking
conditions along the Main Read rather tb~n on the property of LKC Corp.
or Joseph Crenshaw, as indicated by the lease agreement submitted for
consideration by the Beard at the ZBA hearing in 1994.
C) ZBA CHAIRMANSHIP FOR 1995. With full support of the Board,
a motion was made by Member Dinlzio, seconded by Member Villa, and
duly carried, to urge and request the reappointment of Gerard P.
Goehringer as Chairman for the new year, 1995, and that a letter be sent
confirming thi.~ request to the Town Clerk. The Beard Clerk will send
the letter for distribution to the Town Board via the Town Clerk.
D) Discussion Re: MATTITUCK AUTO CENTER/GOODAIE Property
at Ma~n Road, Mattituck. It was noted by Beard Member(s) that the
subject property was recently blacktopPed, after removal of trees~ The
Board asked that a letter be sent to the Town Attorney asking whether
or not the Town can do anything to prevent further activities at the site
while the remaining portion of the Court Case against the Town of
Southold and the constitutionality of the code remains undecided,
particulariy since the site plan and special exception have not been
filed by the applicant or finalized as required by the Zoning Code. The
Chairman agreed that he would send this request.
E) CODE COMMITTEE REMINDERS: The Beard Members were
reminded of the upcoming session for Code Discussions on December 8,
1994. The agenda is for special exceptions and site plans and whether or
Page 14 - Minutes
Southold Town Board of Appeals
Regular Meeting of December 7, 1994
not a reduction in paperwork and processing can be recommended with
the idea of "streamlining." -Copies of the Town Attorney's letter to the
Town Board dated October 17, 1994, received December 5, 1994 with the
Code Review committee cover letter, were given to the Board Members.
F) NEW SCHEDULE OF MEETINGS FOR 1995: On motion by Member
Dinlzio, seconded by Chairman Goehrlnger, and duly carried, it was
RESOLVED, to determine the following dates for the Regular
Meetings of the Board of Appeals for 1995, as follow:
Wednesday, January 4th
Wednesday, February
Wednesday, March 1st
Wednesday, April 5th
Wednesday, May 3rd
Wednesday, June 7th
Wednesday, July 12th
Wednesday, August 9th
Wednesday, September 13th
Wednesday, October llth
Wednesday, November 8th
Wednesday, December 6th
Subject to change, when necessary, as determined by the Chairman.
Prepared 12/1/94
Copies to Chairman and ZBA Members and Betty Neville.
This resolution was duly adopted.
G) PENDING APPLICATIONS: WILLIAM GASSER (AMERICAN
ARMOURED FOUNDATION), County Road 48 and Love Eane, Mattituck.
On motion by Chairman Go'bringer, seconded by Member Dini~.io, it was
RESOLVED, that the pending applications of WILLIAM GASSER (also
referred to as the American Armoured Foundation Project) be advertised
and calendared for public hearings to be held on WEDNESDAY,
JANUARY 4, 1995.
VOTE OF THE BOARD: AYES: AH.
adopted.
This resolution was duly
RESOLUTION FOR NEXT PUBLIC HEARING CALENDAR: On motion
by Chairman Goehringer, seconded by Member Dinizio, it was
RESOLUTION FOR PUBLIC HEARINGS, continued:
Page 15 - Minutes
Southold Town Board of Appeals
Regular Meeting of December 7, 1994
RESOLVED, that the following matters be advertised for public
hearings to be held on WEDNESDAY, JANUARY 4, 1995, and that notice
be published in the official and local newspapers of the town, to wit:
Suffolk Times, Inc. and the Long Island Traveler-Watchman, Inc.
pursuant to law:
1. 7:30 p.m. Appl. No. 4288 - JACK AND CHRIS GISMONDI.
Request for a Variance under Article III, Section 100-30A(1) for approval
of the location of an accessory swimmingpool, above ground as built, in a
yard area other than the ~equired rear yard, at premi.~es known as 5655
Indian Neck Read, Peconic, NY; County Tax Map Parcel No.
1000-86-6-14. (Setback from property lines, when located in a yard area
other than a rear yard, shall be determined by the Board of Appeals.)
2. 7:40 p.m. Appl. No. 4289 - WILLIAM AND VERA SMITH.
Request for a Variance under Article IIIA, Section 100-30A.3 based upon
the October 28, 1994 Notice of Disapproval issued by the Building
Inspector, for permission to construct addition to existing building
which will have an insufficient front yard setback. Location of
Property: 980 Bayview Avenue, Mattituck, NY; County Tax Map Parcel
No. 1000-106-10-17.
3. 7:40 p.m. Appl. No. 4290 - WAREX TERMINALS CORP. Request
for a Variance under Article X, Section 100-101C, ref. 100-33, for
permission to locate a canopy structure over existing gasoline pumps in
an area other than the rear yard. Location of prOperty: 9945 M~iu
Read, Mattituck, NY; County Tax Map Parcel No. 1000-142-1-27.
4. 7: 45 p.m. Appl. No. 4287 NORTH FORK BEACH
CONDOMINIUMS. (Carryover from December 7, 1994)~ Request to irmtall
swimmiugpool at 52325 C.R. 48, Southold, NY; 1000-135.1-1-43.
5. 7:50 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER
(COREY CREEK VINEYARDS). 1994}.
Request for Special ExceptiOn to Use for the sale of
wine Produced from grapes grown on where the
proposed Winery is to be l°e~d. Location of Consisting of a
minimum of ten
(10) acres of land referred to as 45470 Main Road,
Southold, NY; County Tax Map No. 1000-75-6-9.7 and 9:6.
6. 8:00 p.m. Appl. No. 4293 - EDWARD J. MUNSON. Request for
Variance under Article IIIA, Section 100-30A.3 based upon the Decem-
ber 7, 1994 Notice of Disapproval issued by the Building Inspector for
permission to construct addition to dwelling which will have an
insufficient sideyard setback at less than the required 15 feet, and
total side yards at less than the required 25 feet. Location of
Property: 1545 Oaklawn Avenue, Southold, NY; County Tax Map Parcel
No. 1000-70-3-5. Containing 10,400 sq. ft. of land area.
Page 16 Minutes
Southold Town Board of Appeals
Regular Meeting of December 7, 1994
RESOLUTION FOR PUBLIC HEARINGS, continued:
7. 8:05 p.m. Appl. NO. 4292 - JAY AND MARY THOMSON. Request
for a Variance under Article IIIA, Section 100-30A.3 based upon the
November 30, 1994 Notice of Disapproval issued by the Building Inspector
for permission to construct addition to exL~ting dwelling which will
exceed the maximum lot coverage limitations. Location of Property: 695
Bayshore Road, Greenport, NY; County Tax Map Parcel No.
1000-53-6-14.
8. 8:10 p.m. Appl. No. 4291 - JAMES M. and ELAINE O'KEEVE.
Request for a Special Exception under Article IIIA, Section 100-30B to
establish Bed and BreAkfast use as an accessory incidental to the
applicant's single-family residence and ownership of dwelling located at
54300 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-52-3-1.
Zone District: R-40 Low-Density Residential.
9-11. 8:15 p.m. Application for Variances requested by WILLIAM F.
GASSER concerning his property known and referred to as the American
Armoured Tank Museum, 640 Love Lane and the south side of County
Route 48, Mattituck, NY; County Tax Map Parcei No. 1000-140-2-16
located in the Hamlet Business Zone District, which requests are noted as
follows:
(9) Appl. No. 4260 - Request for Variance under Article IX,
Section 100-91C(1) based upon the July 12, 1994 Notice of Disapproval
issued by the Building Inspector for the placement of accessory tower
structure which is required to be located in a rear yard with a setback
as per Section 100-33B(2) at five feet from the property line;
(10) Appl. No. 4261 - Request for Variance under Article XXIII,
Section 100-231A based upon the July 12, 1994 Notice of Disapproval for
the height of the fence which excess the required height limitation;
(11) Appl. No. 4262 Request for Variance under Article IX,
Section 100-93 based upon the July 12, 1994 Notice of Disapproval for the
outside storage or display which is not permitted in this H~nlet-Business
Zone District.
VOTE OF THE BOARD: Ayes: Messrs. Doyen, Dinizio, Wilton,
Villa and Goehringer. This resolution was duly adopted.
There being no other business properly coming before the Board at
Page 17 - Minutes
Southold Town Board of Appeals
Regular Meeting of December 7, 1994
this time, the Chairman declared the meeting adjourned.
adjourned at approximately 10:30 p.m.
Respectfully submitted,
The meeting
~-~D F!LF~D BY
D~:~rE ~/~,/~ HOUR
...... ~0~5~ O~ ~'o~-
Town