Loading...
HomeMy WebLinkAboutZBA-04/10/1991 SPECAPPEALS BOARD MEMBERS Gerard P. Goehtinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 SPECIAL MEETING WEDNESDAY, APRIL 10, 1991 A Special Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, APRIL 10, 1991, commencing at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Member Charles Grigonis, Member James Dinizio, Jr., and Member Robert A. Villa. Absent was: Member Doyen (Fishers Island) due to illness. Also present was Board Secretary Linda Kowalski. Appl. No. 3970 - McDONALD'S CORPORATION (Special Exception for Fast Food Restaurant with Drive-Thru Facility at s/s Main Road, Mattituck. 1000-122-7-3.001.) The Board members acknowledged review of the letter to the Planning Board as drafted pursuant to discussions held during the April 5, 1991 hearing on this application. The Board members concurred with the contents of the letter, and the Chairman was authorized to have the letter delivered to the Planning Board. The Chairman, at this time, tried twice to call Ben Orlowski, Chairman of the Planning Board, to advise him of the letter before press time tomorrow, but there was no answer at Mr. Orlowski's home. DELIBERATIONS/DECISION: Appl. No. 4008 - TONY AND MARIA KOSTOULAS. The Board Members deliberated, and the following action was taken: (continued on page 2) Page 2 April 10, 1991 Special Meeting Southold Town Board of Appeals Application of TONY AND MARIA KOSTOULAS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and Article XXIV, Section 100-244B for permission to construct addition which will decrease total side yards and reduce yard setback from bluff along the Long Island Sound. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map District 1000, Section 21, Block 02, Lot 013. WHEREAS, a public hearing was held on March 22, 1991, and continued on April 5, 1991; 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, Board Men,hers 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. By this application, appellants originally, upon filing the variance application on February 12, 1991, requested permission to square off the two northerly corners of the existing dwelling in addition to renovations/reconstruction shown on the plans prepared by Miller Associates, Project #9037 dated Janu- ary 4, 1991. All construction will be within 100 feet of the Sound bluff. 2. The premises in question is a described parcel of land having a frontage along the north side of Aquaview Avenue of 60.0 feet and frontage along the Long Island Sound of 43+- feet. The subject parcel is substandard, having a lot area of approximately 11,330 sq. ft. 3. The subject parcel is unique, being quite narrow and with limited (upland) building area, which lends to the practical difficulties. 4. Article XXIV, Section 100-244B of the Zoning Code permits relief to lots containing less than 20,000 sq. ft. in the front Page 3 April 10, 1991 Special Meeting Southold Town Board of Appeals (Appl. No. 4008 - KOSTOUSLAS decision, continued): to the bluff setback at its closest point (although landward of the dwelling), as requested in the Matter of the Application of TONY AND MARIE KOSTOULAS under Appl. No. 4008, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the front yard addition comply with the front yard setback provisions of the Code for this substandard parcel (as per 100-244B) or the provision in effect at the time of the issuance of a building permit; 2. The proposed reconstruction/renovation at the northerly end for the existing house including the porch (or deck) within the existing footprint, shall be permitted provided the porch or deck construction not protrude more than four feet from the dwelling; this reconstruction/renovation shall not include the squaring off of both corners at the northerly portion of the house. 3. The renovations of the existing dwelling shall not extend beyond the existing footprint and shall not involve excavation or other land alteration activities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio, and Villa. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Page 4 April 10, 1991 Special Meeting Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4006: Application of ERIC AND MARY ANN ALEXANDER for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct addition to dwelling with an insufficient side yard setback from the westerly property line. Premises is nonconforming as to lot area in this R-40 Zone District, and the existing dwelling structure is nonconforming as to the westerly side yard and southerly (rear) yard setbacks. Location of Property: South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designation: 1000-128-04-020. WHEREAS, a public hearing was held on February 22, 1991 and on March 22, 1991 in the Matter of the Application of ERIC AND MARY ANN ALEXANDER under Appeal No. 4006; and WHEREAS, at said hearings 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: 1. The premises in question is located along the southerly side of Peconic Bay Boulevard in the Hamlet of Laurel, Town of Southold, containing a total lot area of approximately 28,750 sq. ft., and is identified on the Suffolk County Tax Maps as District 1000, Section 128, Block 4, Lot 20. Page 5 April 10, 1991 Special Meeting Southold Town Board of Appeals yard to not less than 35 feet and in the side yards to not less than 10 feet. The minimum rearyard setback is permitted to be reduced under this provision to 35 feet. The code does not specifically permit relief to substandard parcels for bluff setbacks, except as may be permitted by the Board of Appeals. 5. During the processing of this application, opposition was received from the landowners immediately abutting this parcel on the easterly side. Upon learning of the objections raised by the adjoining landowners, the applicants have alternatively requested permission to construct a 10 to 12 ft. addition along the southerly side of the house, meeting the required setbacks as limited by Section 100-244B of the code. Although the addition along the southerly portion is "landward" of the dwelling structure, this alternative would be within 100 of the bluff, also necessitating relief by this board. 6. It is the position of this board that in considering this application, as amended, for an addition along the southerly portion of the dwelling structure: (a) the proposed location of the southerly addition is landward, being 46+- from the bluff at its closest point, of the existing dwelling structure, setback reduction to 24 feet from the westerly {front} property line is substantial in relation to the requirements, however, there is no alternative available for appellants to pursue except by variance; (b) the alternative relief, as requested, is not substantial in relation to the existing structures; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) there is no other alternative method feasible for appellants to pursue; (f) in view of all the above, the interests of justice will be served by Granting conditional alternative relief, as requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT alternative relief for the construction of a 10 to 12 ft. addition along the southerly (front) of the principal dwelling structure, which will be not less than 46 feet Southold Town Board of Appeals -6- April 10, 1991 Special Meeting (ALEXANDER Decision, continued:) 2. The subject premises: (a) is improved with a one story single-family dwelling structure set back at its closest points 11.8 and 14.8 feet from the westerly {rear} property line; 35+- feet from the southerly (side) property line; 90+- feet from the northerly (front) property line, and 13+- feet from the right-of-way easement line and 28.5 feet to the easterly {front} property easterly right-of-way easement boundary, all in the ownership of the applicants; (b) is located in the R-40 Zone District which requires a minimum side yard at 15 feet (Section 100-244B) substandard parcel of this size. for 3. Appellants are requesting permission to construct a 10' wide x 53' long one-story addition with a proposed setback of 4.8 feet from the westerly property line. 4. The amount of relief requested by this application is 68 percent of the requirement (10.2 feet), which is substantial. 5. It is the opinion of the Board that although the variance as requested is not the minimum necessary to afford to afford relief, that an alternative setback at not less than seven (7') feet from the westerly property line is more appropriate under the circumstances. 6. In considering this application, the Board also finds and determines: (a) that the grant of alternative relief will not be adverse to the essential character of the neighborhood; (b) the alternative relief will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) the grant of the alternative relief will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) the relief, as alternatively granted, is the minimum necessary to afford relief; (e) the practical difficulties claimed are uniquely related to the land and are not personal in nature; Southold Town Board of Appeals -7- April 10, 1991 Special Meeting (ALEXANDER decision, continued:) (f) the difficulties cannot be obviated by some other method feasible to appellant to pursue, other than a variance; (g) in considering all of the above factors, the interests of justice will be served by denying the variance requested and granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to DENY the variance as applied for a proposed setback from the westerly property line at 4.8 feet, and to ALTERNATIVELY GRANT a reduced setback from the westerly property line at not less than seven (7') feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Page 8 April 10, 1991 Special Meeting Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4005: Application of THOMAS KELLY AND NANCY IANNICELLI. Variance to the Zoning Ordinance, Article III, Section 100-33 for per~nission to locate accessory garage structure in an area other than the required rear yard. Premises is nonconforming as to lot area in this R-40 Zone District and fronts along Jockey Creek. Location of Property: 2725 Wells Road, Southold, NY; County Tax Map Designation 1000-70-4-16. WHEREAS, public hearings were held on February 22, 1991 and March 22, 1991, at which time all those who desired to be heard were heard, 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 WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Wells Avenue (also referred to as Wells Drive on the town assessment records), having a road frontage of 91.82 feet, having a frontage along Jockey Creek of approximately 115 feet (along a tie line), and having a total lot area of 23,9665 sq. ft. 2. The subject premises is improved with a single-family dwelling structure situated 67.4 feet from the front property line along Wells Avenue and 65 feet from the rear property line [at its closest points). Building Permit #19569 dated Decem- ber 10, 1990 is pending at this time for the reconstruction and alteration of the subject dwelling structure. Page 9 Matter of THOMAS M. KELLY AND NANCY IANNICELLI Decision Rendered April 10, 1991 3. Article III, Section 100-33A of the Zoning Code provides that: ...accessory buildings and structures or other accessory uses shall be located in the required rear yard .... 4. In this appeal, the applicant requests a variance to place a proposed free-standing accessory garage to be located in specifically one of two locations: (a) either in the front yard area at 14.1 feet from the westerly property line and 40 feet from Wells Avenue, or (b) in the front yard area at 20 feet from the front property line along Wells Avenue and 15 feet from the westerly property line. 5. During the process, it was suggested by the Board to locate the accessory building in an area closer to the dwelling near the north end of the (existing) driveway shown on the sketch. 6. In response, two reasons for limiting the request to two specific locations are, in appellant's claim, due to the architecture of the building and the curvature of Wells Avenue along the front yard line. 7. Concerns were addressed during the hearing process from the westerly landowners adjacent to the subject house, and suggestions were again made to locate the accessory building toward the existing driveway area, either near the dwelling or in that general area. 8. The agent for the applicant and the applicants would not agree before concluding the record to any other alternatives, except as applied. 9. It is the opinion of the Board Members that the areas chosen are not most suitable, under the circumstances, and find that there are other areas which may be less offensive in general. 10. Since the Board has not been authorized to amend the application for alternative relief, the application is denied in its entirety, without prejudice to the filing of another formal application with proper notice and under the same procedures as the filing of this application. Page 10 Matter of THOMAS M. KELLY AND NANCY IANNICELLI Decision Rendered April 10, 1991 11. Also in considering this application, the Board finds: (a) that the relief requested is substantial in relation to the requirements; (b) that the reasons furnished by appellants are not sufficient to warrant a grant of the variance requested; (c) there are alternative locations for appellant to pursue which would be more feasible, under the circumstances; (d) the locations requested are not within the character of the immediate area; (e) the practical diffi- culties claimed are self-created since the dwelling is and has been under reconstruction and alterations without plans for a full garage addition, which would have been an alternative to the relief requested for a separate accessory structure more than 15 feet distant from the dwelling. ACCORDINGLY, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, that the relief requested under Appl. No. 4005 in the Matter of the Application filed by Peix & Crawford Architecture in behalf of THOMAS KELLY and NANCY IANNICELLI, be and hereby is DENIED IN ITS ENTIRETY, without prejudice to a separate future application. Vote of the Board: Ayes: Messrs. Villa, Dinizio, Doyen and Goehringer. (Member Grigonis abstained from deliberations and from vote.) This resolution was duly adopted. lk Page 11 April 10, 1991 Special Meeting Southold Town Board of Appeals ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Environmental Declarations as noted on the following pages hereof, 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: TYPE II ACTIONS: 1. Appl. No. 4011 - 2. Appl. No. 4020 - 3. Appl. No. 4019 - 4. Appl. No. 4012 - 5. Appl. No. 4014 - 6. Appl. No. 4015 - 7. Appl. No. 4018 - 8. Appl. No. 4017 - 9. Appl. No. 4016 - Linda Fischetti Keith Harris Charles Krepp William DeLuca Jessica Barnard Melvin and Mollie Kurs Wilhelm Franken Charles Bliefeld Julius Ragusin UNLISTED ACTIONS: 10. Appl. No. 4010SE - Linda Fischetti 11. Appl. No. 3975 - Arthur Carlson Vote of the Board: AYES: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Environmental Declarations as noted on the following pages hereof, 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: UNLISTED ACTION - Negative Declaration - Cellular Telephone Co. d/b/a Metro One, Appl. Nos. 4023 and 4022SE. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 Southold Town Board of Appeals -12- April BOARD OF APPEALS TOWN OF SOUTHOLD TO: P]. Bd. 4/11/91 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4021 SE Project Name: Michael Ch0]0wsky county Tax Map No. 1000- 55-1-9 Location of Project: E/S H0rt0n's Lane, S0uth01d, NY 10, 1991 Special Meeting SCOITL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 10, lggl Relief Requested/Jurisdiction Before This Board in this Project: Special Exception for Non-profit golf driving range and private mi n_i,~tur~ golf · nls 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, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~ents by your agency to be submitted with the next 20 days. {' } this Board has taken jurisdiction as Lead Agency, has deemed this Board' of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection.of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. {)<~ this Board refers lead agency status to your agency' since the- Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews.' The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, 'if you do not wish to as.sume lead agency status within 15 days of this letter, we will assume you .have waived same, and we will be required to proceed as Lead Agency.)' ;For further information, please contact the Office 9f the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (51~) 765-1809. S0uthold Town Board of APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gtigonis, Jr. Serge Doyen, Jr. Robert fi. Villa 3ames Dinizio, Jr. Telephone (516) 765-1809 April 10, BOARD OF APPEALS TOWN OF SOUTHOLD April 10, 1991 S.E.Q.R.A. TYPE II ACTION DECLARATION 1991 Special Meeting SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4011 Project/Applicants: County Tax Map No. Location of Project: Joseph and Linda Fi$chetti 1000-61-3-3 235 Oaklawn Ave., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Lot is less than required 40,000 sq. ft. for professional- office building use This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. EnviroD/nental 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 excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. 'For further information, please Contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 S0uthold Town Board of Appeals.--~:~.~-r,. BOARD OF APPEALS TOWN OF SOUTHOLD April 10, 1991 Special Meeting 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 April 10, 1991 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4020 Project/Applicants: County Tax Map NO. Location of Project: Keith Harris 1000-139-3-37 265 Freeman Road, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Garage addition with insufficient sideyard 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 excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. 'For further information, please Contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of Appeals~l~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dimzio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOU~OLD April 10, 1991 Special Meeting April 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 lO, 1991 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 40]9 Project/Applicants: County Tax Map No. Location of Project: Charles Krepp 1000- 57-2-18 1235 Island View Avenue, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Deck within 75 feet of water 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 g44-4 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 excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please Contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert g. Villa James Dinizio, Jr. Telephone (516) 765-1809 Southold Town Board of Appeals BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. April 10, 1991 Special Meeting April SCOT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 10, 1991 TYPE II ACTION DECLARATION Appeal No. 40]2 Project/Applicants: County Tax Map No. Location of Project: William DeLuca 1000- 99-2-18 4845 Breakwater Road, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Area variances in proposed set-off division This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.$. 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 excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. 'For further information, please Contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of Appea!s~T~?~7~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 10, S.E.Q.R.A. April lO, 1991 TYPE II ACTION DECLARATION 1991 Special Meeting SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 40]4 Project/Applicants: County Tax Map No. Location of Project: Jessica Barnard 1000- 81-3-7 4240 Paradise Point Road, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Garage in frontyard at a height over 18 feet 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 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 6ontact 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. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 $outhold Town Board of BOARD OF APPEALS TOWN OF SOUTHOLD April 10, 1991 Special Meeting April 10, 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 1991 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4015 Project/Applicants: Melvin and Mollie Kurs County Tax Map No. 1000- 67-6-]6 Location of Project: 360 Miami Avenue, ?ec0nic. NY Relief Requested/Jurisdiction Before This Board in this Project: Addition with insufficient westerly (front) yard 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 $outhold. 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 excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please Contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of Appeals '~9= APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizlo, Jr. Telephone (516) 765-1809 April 10, BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. April lO, 1991 TYPE II ACTION DECLARATION 1991 Special Meeting SCOTY k HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4018 Project/Applicants: County Tax Map No. Location of Project: Wilhelm Franken 1000- 45-4-5.1 74650 Route 25, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Conversion of existing dwelling to five dwelling units in this General Business Zone 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 advgrse 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 excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of APPEALS BOARD MEMBERS Gerard P, Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 TYPE II April 10, BOARD OF APPEALS TOWN OF SOUTHOLD April 10, 1991 S.E.O.R.A. ACTION DECLARATION 1991 Special Meeting SCOTr L. HARRIS Supervisor Town Hall, 53095Main Road P.O. Box 1179 Southold, New York l1971 Fax (516) 765~1823 Telephone (516) 765-1800 Appeal No. 40]7 Project/Applicants: County Tax Map No. Location of Project: Charles Bliefeld 1000- 90-4-19 & 20 Orchard Lane (private), Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: One family dwelling location proposed with reduced front, side, total sides, and accessory building in side yard area 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 excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please Contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809o mc Southold Town Board of Appeals· APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 April 10, BOARD OF APPEALS TOWN OF SOUTHOLD Apri 1 lO, S.E.Q.R.A. TYPE II ACTION DECLARATION 1991 Special Meeting SCOT1~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1991 Appeal No. 40]6 Project/Applicants: Julius Ragusin County Tax Map No. 1000- 63-2-]4 Location of Project: 2]5 Hummel Avenue, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition with excessive lot coverage and reduced rearyard 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 excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. 'For further information, please Contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (5 ! 6) 765- ! 809 Southold Town Board of Appeals · -~22- April 10, · 6~' '~ '-~'.o BOARD OF APPEALS TOWN OF SOUTHOLD 10: Pl. Bd. 4/]]/9] SEQRA UNLISTED ACTION DECLARATION Appeal No. 4010 $SProject Name: Joseph and kInda county Tax Map No. 1000- 6 1 - 3- 3 Location of Project: 235 Oak]awn ^venue, $0uth0]d, 1991 Special Meeting SCOTFL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 10, 1991 Fischetti NY Relief Requested/Jurisdiction Before This Board in this Project: Conversion of one-family to professional office building 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 #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, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~ents by your agency to be submitted with the next 20 days. {~} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons; a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the- Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews.· The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume . you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 Southold Town Board of Appeals<~ ~237 APPEALS BOARD MEMBERS BOA~ OF APPEALS TOWN OF SO.HOLD 10: Pl. Bd. 4/11/91 sE~ Appeal No. 3975Amen~gject-- Nme: Arthur Carlson county T~ Map No. 1000- 69- 5- 13 ~cation of Project: 1575 LowerRoad, Southold, NY April 10, 1991 Special Meeting SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 10, 1991 Relief Requested/Jurisdiction Before This Board in this Project: A~@lication as amended for Interpretation of Wineries Section of the Code 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, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {~-} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration.for the following reasons: a. An Enviroumental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since th~ Board of Appeals does not feel its scope of jurisdiction is as broad as the P~anning Board concerning site changes and elements under the site plan reviews.' The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr of Southold Town Board of Appeals -24- April 10, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQR~ UNLISTED ACTION DE~TION 10: Pl. Bd. 4/11/91 Appeal No. 4023 Project Name: Cellular Telephone County Tax Map No. 1000- 10 8- 4- 1 1. 3 Location of Project: 1991 Special Meeting 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 April 10, 1991 Co., d/b/a Metro ONe W/S Elijah's Lane, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Interpretation on height restriction for 104' high tower and if necessary, variance from height restriction, 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, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency'since the. Board of Appeals does not feel its scope of jurisdiction is as broad as the PLanning Board concerning site changes and elements under the site plan reviews..' The area of jurisdiction by the Hoard of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.)' For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1 $09 Southold Town Board of Appeals .... ~2~- April 10, BOARD OF APPEALS TOWN OF SOUTHOLD T0: Pl. Bd. 4/11/91 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4022 SE Project Name: Cellular Te]eph0ne County Tax Map No. 1000- 108-4-11.1 Location of Project: W/$ ElJ3ah's [ane, Mattituck, 1991 Special Meeting SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 10, 1991 Co., d/b/a Metro One NY Relief Requested/Jurisdiction Before This Board in this Project: Special Exception Public utility use as principal use in this 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. LB Zone 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, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~ents by your agency to be submitted with the next 20 days. {X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this ~oard refers lead agency status to your agency' since the~ Board of Appeals does not feel its scope of jurisdiction is as broad as the P~anning Board concerning site changes and elements under the site plan reviews." The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.~' For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr Southold Town Board of Appeals _26~ April 10, 1991 Special Meeting (ENVIRONMENTAL DECLARATION, continued:) Vote of the Board: AYES: Messrs. Goehringer, Doyen, Grigonis, and Villa. (Member Dinizio abstained from vote.) This resolution was duly adopted. SEQRA: Appl. No. 3990 - MICHAEL CHOLOWSKY - 1000-55-1-9. On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to declare the Matter of MICHAEL CHOLOWSKY under Appl. No. 3990 as an "Unlisted Action" 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, referring lead agency status to the Planning Board which has a broader scope of jurisdiction concerning site changes and elements under the site plan regulations and since the area of jurisdiction before the Board of Appeals is not directly related to site improvements or new buildings. Vote of the Board: AYES: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. CONTINUED REVIEW: Appl. No. 3990 CHOLOWSKY. The Board members reviewed and discussed J. Kevin McLaughlin's letter received on April 4, 1991 concerning his objection to incur the cost and delay to incorporate as a not-for-profit corporation prior to approval of the Special Exception. The Board Members indicated that it is the burden of the applicant to show that he meets the requirements of the code for a Special Exception, including the condition under Section 100-31B(7)(c) which reads: ...(c) Such use shall not be conducted as a business enterprises .... " The Board concurred that proof will be necessary for the applicant to show that he has met all the requirements of the code for the use requested and no waiver was given by the Board as to this burden of proof. The information offered by Mr. McLaughlin as attorney for the applicant should be offered during the normal hearing process. The Chairman was authorized to send a letter to Mr. McLaughlin advising him of the board's position in response to his April 3, 1991 letter and confirming the status of the file as this time under SEQRA. Southold Town Board of Appeals -27- April 10, 1991 Special Meeting GENERAL DISCUSSIONS: The Board Members generally discussed the town's Home Occupations Law under Local Law #10-1991 recently adopted by the Town Board -- which was before the Legislative Code Committee several times at length. HEARINGS FOR APRIL 30, 1991: On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to schedule and authorize advertisement of the following matters for public hearings to be held by the Board of Appeals on TUESDAY, APRIL 30, 1991: 7:30 p.m. Appl. No. 4015 - MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Section 100-244B, for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: 360 Miami Avenue, Peconic, NY; County Tax Map District 1000, Section 67, Block 06, Lot 016. 7:33 p.m. Appl. No. 4014 - JESSICA W. BARNARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map District 1000, Section 81, Block 3, Lot 7. 7:38 p.m. Appl. No. 3988 ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with reduced side yard at 5.8 feet at its closest point. The lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue; County Tax Map No. 1000-83-1-17. 7:45 p.m. Appl. No. 4020 - KEITH HARRIS. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct addition with an insufficient (westerly) side yard set back. Location of Property: 265 Freeman Road, Mattituck, NY; County Tax Map No. 1000-139-3-37. Southold Town Board of Appeals -28- April 10, 1991 Special Meeting (HEARINGS FOR APRIL 30, 1991 continued:) 7:48 p.m. Appl. No. 4019 - CHARLES KREPP. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open deck addition with an insufficient setback from the retaining wall along high water mark. Location of Property: 1235 Island View Lane, Greenport, NY; County Tax Map No. 1000-57-2-18. 7:52 p.m. Appl. No. 4016 - JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to construct addition to existing nonconforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hummel Avenue, Southold; County Tax Map No. 1000-63-2-14. 7:58 p.m. Appl. No. 3998 HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+- acres. (Record is reopened to receive additional survey information.) 8:00 p.m. Appl. No. 4012 - WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two parcels in this proposed division of land located along the west side of Luthers (Breakwater) Road, Mattituck; County Tax Map No. 1000-99-2-~8. 8:05 p.m. Appl. No. 4017 - CHARLES BLEIFELD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244(A), AS AMENDED for permission to locate dwelling, swimming pool and garage structure with a reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bayview, Southold; Lots 41 and 42 Cedar Beach Park .Filed Map ~90; 1000-90-4-19 & 20. 8:15 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1), and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. high Southold Town Board of Appeals -29- April 10, 1991 Special Meeting monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Elijah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108-4-11.3 (part of 11). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Gri~onis and Villa. (Member Dinizio abstained as to Cellular appl~) * * This resolution was adopted. NEW APPLICATIONS FOR REVIEWS/INSPECTIONS: The Board was advised of the following matters which are ready for public hearings and are expected to be held during the May Regular Meeting and Hearings Calendar (tentative at this time for May 24, 1991 and to be confirmed prior to publication in the newspapers): 1. Appl. of Michael Cholowsky provided SEQRA is finalized; 2. Both Applications of Linda Fischetti 3. JULIUS RAGUSIN and reduced rear yard. Southold. Addition with excessive lot coverage Substandard lot. 215 Hummel Avenue, 4. CHARLES BLIEFELD - One-family dwelling located proposed with reduced front, side, total sides, and accessory building in side yard area. Orchard Lane (private), Southold. 5. CHARLES KREPP - Deck within 75 feet of water. 1235 Island View Avenue, Greenport. 6. KEITH HARRIS Mattituck. Garage addition at 265 Freeman Road, NEW REVIEW - INCOMPLETE: Appl. No. 4018 - WILHELM FRANKEN BY ELIZABETH THOMPSON, R.A. The following letter was authorized concerning this proposal to convert an existing one-family dwelling to a five-family dwelling in this B Zone District: "...Dear Ms. Thompson: Your recent application has been reviewed and is not complete for the reasons indicated below. You may submit the additional documentation when convenient, and the additional $200.00 filing fee check will be applied to the additional variances when furnished by you. - Southold Town Board of Appeals -30- April 10, 1991 Special Meeting In the interim, the following additional documentation and/or information is necessary before proceeding: 1. DATA (by way of a survey or site plan) indicating: (a) the square footage of this tract of land; (b) the parking layout {minimum two parking spaces at 9' x 19' each, for each dwelling unit}; (c) since the size of the lot under consideration is nonconforming as to lot area and width, proof is requested to show single-and-separate ownership in the form of an abstract of title certifying the changes of title to said lots and containing a certification from an attorney or title insurance company that no contiguous property was owned by an owner of the property involved since 1957. Town assessment records show that this tract of land also owned by the applicant (Lot 4.1) may be merged with the subject tract (Lot 5.1), due to co~non ownership since about 1988 (or 1986). Please provide copies of the deeds from 1985 to the present time for this lot and the adjoining lot (1000-45-4-4.1 and 5.1). 2. the FLOOR PLAN DIAGR~24S show that there is a full second story; however, the SURVEY shows that there is only a partial second floor. Please highlight the new second-floor addition on the floor diagrams in red, together with the square footage of each dwelling unit proposed for both floors. In reviewing the variance application, the specific SECTION(S) of the Zoning Code and the description of RELIEF have not been provided except to say "multiple dwelling." We are enclosing a new set of forms in order that you may AMEND the application to apply under the following provisions of the code for change of use to a nonconforming multiple dwelling: a) Article X, Section 100-101A does not list multiple dwelling use as a permitted use. b) Article X, Section 100-102 and Bulk, Area and Parking Schedule - 30,000 sq. ft. of land area shall be applied to each dwelling unit or other principal use. Since the land is zoned General "B" Business, the existing single-family dwelling use is nonconforming, and the creation of any additional units or principal uses would increase the nonconformity of the land area. Southold Town Board of Appeals -31- April 10, 1991 Special Meeting c) Article XXIV, Section 100-241A & C - Nonconforming Uses. The existing single-family dwelling use was/is a nonconforming use in this B Zone. Subsections A and C do not authorize structural alterations, extensions or any other changes involving nonconforming buildings with nonconforming uses, (except as may otherwise be permitted for a proposed conforming use and elimination of nonconforming use). d) Please note the requirements under Section 100-191J concerning the parking regulations for multiple dwelling uses, subsections (1) through (5), when preparing the PARKING PLAN. e) The Adjacent Property Owner Notification Forms should also include the above, should be RE-SENT by Certified Mail, furnishing the new postmarked receipts with the form and Affidavit of Mailing completed on the reverse side. Appl. No. 4022 and 4023 - CELLULAR TELEPHONE CO. d/b/a METRO ONE: Special Exception and Variance Applications. Member Dinizio indicated that he is abstaining in these two applications due to a possible conflict since he works with a competing corporation. The Board Members instructed that the application for a Special Exception be scheduled for April 30, 1991, without the variance for height/interpretation, which will be held at a later calendar immediately following the date of the Board's decision on the Special Exception. The Chairman was authorized to send a letter to the attorney for the applicant advising of the above. There being no other business properly coming before the board at this time, the meeting was adjourned at 11:15 p.m. Respectfully submitted, Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman/ Charles Grigonis, Jr. [ Serge Doyen, Jr. ,lames Dinizio, Jr. ~65ert A. ¥i 1%~ 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 WEDNESDAY, APRIL 10, 1991 at 7:00 o'clock p.m., and do hereby consent that the same be held on said date for the transaction of business DATED: Board. properly coming before the ~-'----~ ' ~ j//' April 10, .1.991.. /~~ j~_, Southold, New York. Gera~d P. Goenrir~er, Chairman, Ch~ Grigoni~ Or.~ Me~er / Se~~e~ Jr./ Member )~es Dini~io( Jr J~Me~er Robert ~. Villg, ~e~er