HomeMy WebLinkAboutZBA-11/21/1991APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
MINUTES
REGULAR MEETING
THURSDAY, NOVEMBER 21,
1991
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAY, NOVEMBER 21, 1991 at the Southold Town
Hall, 53095 Main Road, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr., Member
Serge Doyen, Jr., Member
James Dinizio, Jr., Member
Linda Kowalski, Board Clerk-Secretary
Absent was: Member Robert A. Villa (out of town)
Also present were more than 100 persons in the audience,
well as Channel 25 and Channel 12 news with camera crew, and
local newspaper reporters.
as
The Chairman opened the meeting at 7:30 p.m. and proceeded
with the items first-listed on the agenda, as follow:
I. DELIBERATIONS/DECISIONS:
(Continued on next page)
Page 2 - November 21, 1991 Regular Meeting
Decision in Appl. No. 4059 - DOROTHY F. CAREY
ACTION OF THE BOARD
DELIBERATIONS/DECISION: Appeal No. 4059:
Upon Application for DOROTHY F. CAREY for a Variance to the
Zoning Ordinance, Article III, Section 100-32 for'permission to
construct: (a) proposed addition and (b) deck with
insufficient frontyard setbacks. The subject parcel is known
as Lot 7 on the Map of Edgemere Park, is substandard in size,
and is located in the R-40 Zone District. Location of
Property: Corner of Edgemere Avenue and McDonald's Crossing,
Laurel, NY; County Tax Map District 1000, Section 128, Block 6,
Lot 20.
WHEREAS, a public hearings was held 'on October 24, 1991,
which time all those who desired to be heard were heard and
their testimony recorded; and
at
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,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. This application is a variance taken from the
September 13, 1991 Notice of Disapproval issued by the Building
Inspector based upon a building permit application to construct
additions to existing dwelling. The additions which are the
subject of this variance application are shown on the
September 13, 1991 site plan prepared by Samuels & Steelman,
R.A. and are noted as follows:
(a) 8' x 11'6" open deck with a proposed setback at
21'6" to the westerly front property line along Edgemere Avenue;
(b) 6' x 10'6" addition next to the proposed open
deck with a proposed setback of 23'6" to the westerly front
property line along Edgemere Avenue and 35' to the southerly
front property line along McDonald's Crossing;
(c) two small additions (4' x 7' and 6' x 7') at'the
northeasterly section of the dwelling leaving a proposed setback
at six feet.
2. The subject premises as exists:
Page 3 - November 21, 1991 Regular Meeting
Decision in Appl. No. 4059 - DOROTHY F. CAREY
(a) is shown as Lot #7 on the "Map of Edgemere Park"
filed July 2, 1931 as Map ~742 in the Suffolk County Clerk's
Office;
(b) contains a total lot area of 9,071+-
68 ft. frontage along Edgemere Avenue and 137.08 ft.
along McDonald's Crossing;
sq. ft. with
frontage
(c) is improved with a 1-1/2 story, single-family
dwelling with its closest setbacks presently at four feet from
the northerly (side) property line, at 35 feet from the
southerly front property line, exclusive of 42 sq. ft. covered
porch, and at 29.8 feet from the westerly front property line.
3. Article III, Section 100-32 and Article XXIV, Section
100-244 of the current zoning code (as amended January 10, 1989)
requires a minimum side yard setback at 10 feet and minimum
front yards at 35 feet. The dwelling as exists is
nonconforming in these yards.
4. For the record, it is noted also that:
(a) the subject premises are nonconforming not only as
to lot area and width but has been improved with a dwelling
structure built prior to 1960;
(b) . there are similar building setbacks within the
immediate vicinity on nearby parcels.
5. In considering this application, the Board also finds
and determines: (a) the relief as granted will not in turn
increase the dwelling unit density; (b) the evidence submitted
and practical difficulties claimed are sufficient to warrant a
grant of this variance; (c) there will be no substantial
change in the character of the immediate neighborhood or
detriment to adjoining properties; (d) the difficulties cannot
be obviated by some method feasible to the appellant to pursue,
other than a variance; (e) that in view of the manner in
which the difficulties arose, and in considering all the above
factors, the interests of justice will be served by granting the
variance, as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief as requested (noted above)
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the deck remain open, unroofed and unenclosed at
all times (as proposed);
Page 4- November 21, 1991 Regular Meeting
Decision in Appl. No. 4059 - DOROTHY F. CAREY
2. That the size and location of the additions are limited
to that requested and described above (and shown on the survey
map submitted in this application).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio. (Absent was: Member Villa.) This
resolution was duly adopted.
lk
GERARD P. GOEHRINGER, C~AIRMAN
/
Page 5 - November 21, 1991
Matte£ of NYNEX/ARTHUR JUNGE, INC.
Decision Rendered November 21, 1991
ACTION OF THE BOARD
Appl. No. 4062.
NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Request
for Special Exception approval under Article XIV, Section
100-14lB(i) for permission to establish public utility use and
construct monopole radio tower and accessory equipment-storage
building. Zone District: Light Industrial (LI). Location of
Property: 21855 County Road 48, Cutchogue, NY; County Tax Map
Parcel No. 1000-96-1-19.1.
WHEREAS, after due notice, a public hearing was held on
October 24, 1991, and 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 members have personally viewed and are
familiar with the premises in question and the Surrounding
areas; and
WHEREAS, the Board made the following findings of fact and
determination:
1. The premises in question is located in the Light
Industrial (LI) Zone District in the Hamlet of Cutchogue, Town
of Southold, and is more particularly identified as County Tax
Map District 1000, Section 96, Block 1, Lot 19.1.
2. The subject parcel contains a total area of 1.04 acres
(or 45,589 sq. ft.) with a frontage of 168 feet along the north
side of County Route 48 and a lot depth of 252+- feet. This
parcel is improved with an existing building and uses which were
the subject of a conditional approval by the Board of Appeals
under Appl. No. 3835 rendered April 27, 1989 and Appl. No. 3705
rendered March 3, 1988 (Arthur L. Junge, Inc.), as well as site
plan approval by the Southold Town Planning Board.
3. By this application, a Special Exception is requested
for "...construction of an equipment building and monopole for
cellular mobile communications...", both of which are public
Page 6 - November 21, 1991
Matter of NYNEX/ARTHUR JUNGE, INC.
Decision Rendered November 21, 1991
utility structures providing a public telephone communications
service.
4. Reference is made to the following documents and site
plan information submitted for the record:
(a) Certificate of Occupancy 9Z17295 issued by the
Building Inspector on September 13, 1988 has been provided for
the existing electric shop of Arthur V. Junge and building.
(b) Certificate of Occupancy #Z18981 issued by the
Building Inspector on April 23, 1990 has been provided for a
wholesale bakery and in the existing light industrial building
to Local Talent, Inc.
(c) the proposed equipment storage building and tower
structure will be unmanned, not requiring active daily parking
for on-site personnel or customers related to this use.
(d) an existing tree line is shown along or very near
the northerly and southerly lines the property; pine-tree
screening shall be along the westerly property line.
(e) also proposed a stockade fence along the
northerly and easterly sections of the proposed radio equipment
storage building;
(f) other site plan elements will be provided as may
be determined by the Planning Board under its simultaneously
pending site plan application {see PB letter of 11/7/91}.
(g) New York SMSA Limited Partnership and NYNEX have
furnished information for the record concerning its licensing as
a public utility to provide cellular radio transmission serving
to its full extent the public interest, convenience and
necessity as per written consent and order authorized by the
N.Y.S. Public Service Commission, Federal Communications
Commission, which includes limitation on the Effective Radiated
Power for mobile transmitters up to 7 watts, and output power
for mobile transmitters up to 60 watts. It is also not
permitted to be assigned or transferred to any person, firm,
company, or corporation without the written consent of the
Commission, and it is understood that upon any future proposal
of this applicant or owner(s) to transfer or assign this
authorization, subsequent application to this Board must be
filed for consideration.
5. Also noted are the following data:
Page ? - November 21, 1991
Matter of NYNEX/ARTHUR JUNGE, INC.
Decision Rendered November 21, 1991
{a) cellular communication systems must operate
through a network of cell sites, the first for this applicant in
the Town of Southold at the subject premises in Cutchogue.
(b) this cell site has two principal components, a
12' by 26 ft. structure for computer equipment storage, and
transmitting/receiving antenna-tower structure, both of which
are incidental and necessary to operate a wire line telephone
communications use. The top of the tower is 12 ft. equilateral
triangle, 40 inches high, 36 inches at the base and 18 inches at
the top. There would be two whip antennas that are 10 ft.
above that, and one below.
~c) the tower and building are monitored seven days a
week, 24 hours per day per FCC mandates, although it is unmanned
physically at the site.
(d) the tower and antenna are solely for use by this
applicant/public utility and will not be rented or leased to any
other corporation, person, firm or company. Also, it is
expressly understood that no new cell, or expansion will be
established, unless further application and approvals by this
board and the regulating commissions, on this site in order that
appropriate criteria may be evaluated, including engineering
data relative to wind pressures, wind loads and other safety
considerations for such future utility expansion.
(e) the tower and antenna shall not be constructed of
steel lattice design, but shall be a monopole structure designed
to withstand continuous wind loads in excess of 150 mph and wind
peaks of 190 mph or more (sufficiently mounted with wires and
brackets capable to support these pressures).
6. Article XIII, Section 100-130 of the Light Industrial
[LI) and Light Industrial-Office (LIO) Zoning Provisions
authorize this type of telecommunications use by Special
Exception. The use of this proposed monopole tower and
accessory equipment storage building would include, to some
extent, telephone exchanges. Although a telephone exchange is
listed as a permitted use in the Light Industrial (LI) Zone
District, this application for public utility structures and
uses does require a special exception as provided by Article
XIV, Section 100-141B(1) and Article XIII, Section 100-131B(4)
for "... Public Utility Structures and uses .... " The Special
Exception provision is applicable to this proposed project, and
has been filed and considered under this provision.
7. In passing upon this application, the Board Members
have also considered Sections 100-264, subsections A through P,
and have found and determined the following:
Page 8 - Appl. No. 4062
Mattel of NYNEX Mobile Communications/Junge
Decision Rendered November 21, 1991
(a) That the proposed use will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent use districts;
(b) That the use will not prevent the orderly and
reasonable use of permitted or legally established uses in the
district wherein the proposed use is to be located or of
permitted or legally established uses in adjacent use districts;
(c) That the safety, health, welfare, comfort,
convenience, or order of the town will not be adversely affected
by the proposed use and its location;
(d) That the use will be in harmony with and will
promote the general purposes and intent of this chapter;
(e) That the use will be compatible with its
surroundings, with the character of the neighborhood and of the
community in general, particularly with regard to visibility,
scale and overall appearance and the fact that the property is
bounded on the north by the Town Landfill, south by a major
dual-lane highway, and bounded by other properties also located
in the Light-Industrial Zone District.
NOW, THEREFORE, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, that the application for a Special Exception for
the establishment of a public utility for the construction of a
cellular telephone communications tower and accessory
equipment-storage building as applied under Appl. No. 4062 in
the Matter of NYNEX/ARTHUR V. JUNGE, INC., BE AND HEREBY IS
APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
1. No excessive (disturbing) noise levels;
2. No expansion or additional construction (with the
exception of emergency, fire or police necessities which serve
the safety, health, welfare, comfort, convenience and order to
the town), unless further application and approvals are
obtained, and for which engineering certifications will be
required concerning increased loads, winds pressures and other
safety considerations for such expansion;
3. No microwave dishes, as agreed by the applicants (none
of which are proposed during the consideration of this
Page 9
Matter of NYNEX Mobile Communications/Junge
Decision Rendered NQvember 21,1991 ·
application);
4. No disturbing emissions of electrical discharges,
light, vibration or noise, or harmful distribution levels of
radiation, as agreed.
VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS,
DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND
FROM VOTE). This resolution was duly adopted.
Page 1~ Appl. No. 4058
Matter of NYNEX MOBILE COMb~JNICATIONS
Decision Rendered November 21, 1991
ACTION OF THE BOARD OF APPEALS
Appeal No. 4058:
NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC.
Variance to the Zoning Ordinance, Article XIV, Section 100-142
for permission to construct monopole radio tower and accessory
equipment-storage building with insufficient side and rear yard
setbacks. Zone District: Light Industrial (LI). Location of
Property: 21855 County Road 48, Cutchogue, NY; County Tax Map
Parcel No. 1000-96-1-19.1.
WHEREAS, after due notice, a public hearing was held on
October 24, 1991, and at said hearing all those who desired to
be heard were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the Light
Industrial (LI) Zone District in the Hamlet of Cutchogue, Town
of Southold, and is more particularly identified as County Tax
Map District 1000, Section 96, Block 1, Lot 19.1.
2. The subject premises consists of a total area of 1.04
acres (or 45,598 sq. ft.) with a frontage of 168 feet along the'
north side of County Route 48 and a lot depth of 252+- feet.
This parcel is improved with an existing building and uses which
were the subject of a conditional approval by the Board of
Appeals under Appl. No. 3835 rendered April 27, 1989 and Appl.
No. 3705 rendered March 3, 1988 (Arthur Lo Junge, Inc.), as well
as site plan approval by the Southold Town Planning Board.
3. By this application, reduced setbacks are requested:
(a) from the northerly rear yard and westerly side yard at 14
feet and 24+- feet, respectively for the 13' by 27' foundation
of the proposed accessory storage building, and (b) from the
northerly rear yard at 39+- feet and from the westerly side yard
at 21+- feet for the foundation of the proposed monopole tower
Page 11- Appl. No. 4058
Matter of NYNEX MOBILE COMMUNICATIONS
Decision Rendered November 21, 1991
structure, all as more particularly shown on map of proposed
site plan and details prepared by Richard E. Tangel, P.E. dated
July 31, 1991.
4. The subject premises is located in the Light-Industrial
(LI) Zone District, and the setbacks applicable are noted for a
principal use structure at 70 from the rear property line and 20
for the side yard.
5. The following documentation and site plan information
are noted for reference and consideration:
(a) an existing tree (screening) line is shown along
or very near the northerly and southerly lines of the subject
property; pine-tree screening must be located along the
westerly property line, as shown on the site plan maps;
(b) also proposed is a stockade fence along the
northerly and easterly sections of the proposed equipment
storage building;
(c) Certificates of Occupancy have been found of
record for the existing uses as follows: (1) ~Z17295 issued on
September 13, 1988 for the electric shop/building of Arthur V.
Junge; (2) #Z18981 issued on April 23, 1990 for a wholeale
bakery and for Local Talent, Inc. in the existing
light-industrial building;
(d) the proposed equipment storage building and tower
structure will be unmanned, not requiring active daily parking
for additional on-site personal or-any increase of on-site
customers related to the establishment of this public utility
use;
(e) other site plan elements are to be placed as
conditioned by the Planning Board under its simultaneously
pending site plan application {see PB letter of 11/7/91~;
(f) New York SMSA Limited Partnership and NYNEX have
furnished information for the record concernings its licensing
as a public utility to provide cellular radio transmission
serving to its full extent the public interest, convenience and
necessary as per written consent and order authorized by the
N.Y.S. Public Service Commission, Federal Communications
Commission, etc., which includes limitation on the Effective
Radiated Power for mobile transmitters up to 7 watts, and output
power for mobile transmitters up to 60 watts. It is also not
permitted to be assigned or transferred to any person, firm,
company, or corporation without the written consent of the
Commission; and it is understood that upon any future proposal
of this applicant or owner(s) to transfer or assign this
Page 12 - Appl No. 4058
Matter of NYNEX Mobile Communications
Decision Rendered November 21, 1991
authorization, subsequent application to this Board must be
filed for consideration.
6. Other relevant technical information considered in this
project are also noted below for the record:
(a) cellular communication systems must operate
through a network of cell sites, the first for this applicant in
the Town of Southold at the subject premises in Cutchogue.
(b) this cell site has two principal components, a
12' by 26 ft. (13' by 27' foundation) structure for computer
equipment storage, and transmitting/receiving antenna-tower
structure, both of which are incidental and necessary to operate
a wire line telephone communications use. The top of the tower
is 12 ft. equilateral triangle, 40 inches high, 36 inches at the
base and 18 inches at the top. There would be two whip
antennas that are 10 ft. above that, and one below.
(c) the tower and building are monitored seven days a
week, 24 hours per day per FCC mandates, although it is unmanned
physically at the site.
(d) the tower and antenna are solely for use by this
applicant/public utility and will not be rented or leased to any
other corporation, person, firm or company. Also, it is
expressly understood that no new cell, or expansion will be
established, unless further application and approvals by this
board and the regulating commissions, on this site in order that
appropriate criteria may be evaluated, including engineering
data relative to wind pressures, wind loads and other safety
considerations for such future utility expansion;
(e) the design of the tower and antenna submitted is
not a steel lattice design; this monopole structure must,
however, be designed to withstand continuous wind loads in
excess of 150 mph and wind peaks of 190 mph or more
(sufficiently mounted with wires and brackets capable to suppor~
these pressures).
7. This date, a Special Exception was conditionally
approved by this Board concerning the applicant's request under
Article XIII, Section 100-130 of the Light Industrial (LI) and
Light Industrial-Office (LIO) Zoning Provisions for
authorization to establish a telecommunications use by a public
utility.
Page 13 - Appl. No. 4058
Matter of NYNEX MOBILE COMMUNICATIONS
Decision Rendered November 21, 1991
8. In considering this application, the Board also finds
that the relief requested:
(a) will not be adverse to tha essential character of
the neighborhood and is the minimum necessary to afford relief
under the circumstances;
(b) 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) will not increase dwelling unit density or cause
a substantial effect on available governmental facilities;
(d) cannot be obviated by another method feasible to
appellant to pursue, other than a variance
(e) is uniquely related to the property and is not
personal in nature;
(f) in considering all of the above factors, the
interests of justice will be served by granting the variance,
conditionally noted below.
as
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT relief for the reduced setbacks
requested and noted above on the first page, paragraph ~3, in
the Matter of the Application of NYNEX MOBILE COMMUNICATIONS,
SUBJECT TO THE FOLLOWING CONDITIONS:
RESOLVED, that the application for a Special Exception for
the establishment of a public utility for the construction of a
cellular telephone communications tower and accessory
equipment-storage building as applied under Appl. No. 4062 in
the Matter of NYNEX/ARTHUR V. JUNGE, INC., BE AND HEREBY IS .-'
APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
1. No excessive (disturbing) noise levels;
2. No expansion or additional construction (with the
exception of emergency, fire or police necessities which serve
the safety, health, welfare, comfort, convenience and order to
the town), unless further application and approvals are
obtained, and for which engineering certifications will be
required concerning increased loads, winds pressures and other
safety considerations for such expansion;
3. No microwave dishes, as agreed by the applicants
of which are proposed during the consideration of this
application);
(none
Page 14 - Minutes
Regular Meeting of November 21,
Southold Town Board of Appeals
1991
application);
4. No disturbing emissions of electrical discharges,
light, vibration or noise, or harmful distribution levels of
radiation, as agreed.
5. The setbacks shall be not less than that applied for
and shown on the plan dated October 18, 1991 (Drawing No.
92-8012) prepared by Richard E. Tangel, P.E., from the northerly
property line.
VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS,
DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND
FROM VOTE). This resolution was duly adopted.
PUBLIC HEARINGS (Agenda Item IV):
The following public hearings were held:
(1) 7:25 p.m. Appl. No. 4064 - MR. AND MRS. WILLIAM R.
AHMUTY III. Variance to the Zoning Ordinance, Article XXIII,
Section 100-239.4B for permission to construct addition at the
rear of existing principal building with a reduced setback from
the existing bulkhead (and increase of the degree or square
footage of nonconformance although maintaining the same
nonconformities at the side yards). Zone District: R-40
Low-Density Residential. Location of Property: 3405 Bayshore
Road, Greenport, NY; County Tax Map District 1000, Section 53,
Block 6, Lot 10. (No opposition was submitted at this time.)
Following receipt of all testimony, the hearing was concluded
and the following action taken:
(Continued on next page)
Page 15 - Minutes
Regular Meeting of November 21,
Southold Town Board of Appeals
1991
ACTION OF THE BOARD
Appl. No. 4064.
Application of MR. AND MRS. WILLIAM R. AHMUTY III for a
variance to the Zoning Ordinance, Article XXIII, Section
100-239.4B for permission to construct addition at the rear of
existing principal building with a reduced setback from the
existing bulkhead (and increase of the degree or square footage of
nonconformance although maintaining the same nonconformities at
the side yards). Zone District: R-40 Low-Density Residential.
County Tax Map District 1000, Section 53, Block 06, Lot 10.
WHEREAS, after due notice, a public hearing was held on
November 12, 1991, at which time all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellants are proposing a 10' by
28' addition (plus 7-1/2+-' by 10 ft. to square off the
southeasterly dwelling), all as more particularly shown on the
survey map amended October 8, 1991 prepared by Roderick VanTuyl,
P.C.
2. The premises in question is nonconforming as to lot area
containing 7500 sq. ft. and lot width of 50.0 feet (frontage along
the easterly side of Bayshore Road).
3. The premises is located in the R-40 Zone District and is
improved with a single-family dwelling built prior to 1964.
4. Article XXIII, Section 100-239.4B requires that "...all
buildings located on lots upon which a bulkhead, concrete wall,
riprap or similar structure exists and which are adjacent to tidal
water bodies other than sounds shall be set back not less than
seventy-five (75) feet from the bulkhead .... " The setback
Page l6 - Appl. No. 4064
MatteI of MR. AND MRS. WILLIAM Ro AHMUTY III
Decision Rendered November 21, 1991
proposed from the closest portion of the bulkhead is approximately
44 feet, and from the highwater mark along Peconic Bay at
approximately 69 feet.
5. Article XXIV, Section 100-241A of the Zoning Code
provides that enlargement of a nonconforming building with a
conforming use may not be increased as to the degree of
nonconformance. The dwelling as exists has nonconforming side
yards at 9'8" and 12+-' as shown on the October 8, 1991 survey
map. The addition is proposed to extend the side yard
nonconformities to not less than the existing side yard setbacks,
supra.
6. It is the position of this Board that in considering this
application that:
(a) there is no alternative available for appellants to
pursue except by variance;
(b) the relief, as requested, is not substantial in
relation to the existing structure and those generally existing in
the neighborhood;
(c) the difficulties imposed are uniquely related to
the property and are not personal in nature;
(d) the grant of 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) in view of all the above, the interests of justice
will be served by granting the relief, as requested and further
noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT a variance~for the construction of a
10 ft. by 28 ft. building addition at the rear (easterly end) of
the existing dwelling, with a 7-1/2+- ft. wide by 10 ft. addition
to corner off the existing southeast section of the house, all
with setbacks as shown on the October 8, 1991 survey map prepared
by Roderick VanTuyl, PoC., PROVIDED THAT THE:
1. setbacks be not less than 44 feet to the bulkhead at its
closest point;
2. setbacks be not less than the existing nonconforming side
yard at the southerly side;
Page 17- Appl. No. 4064
Matter of MR. AND MRS. WILLIAM R. AHI~IVfY III
Decision Rendered November 21, 1991
3. setback be not less than the existing nonconforming side
yard at the northerly side;
4. setbacks for both side yards be not less than the
existing nonconforming sideyards.
Vote of
Doyen, and Dinizio..
was duly adopted.
lk
the Board: Ayes: Messrs. Goehringer, Grigonis,
(Member Villa was absent.) This resolution
Page 18 Minutes
November 21, 1991 Regular Meeting
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
(2) 7:28 p.m. Appl. No. 4063. PETER AND MARIE PIZZARELLI.
Variance to the Zoning Ordinance, Article III, Section
100-31A(1) for permission to change use of an existing accessory
building from strictly sleeping quarters use to single-family
dwelling use and occupancy with cooking/kitchen facilities.
The subject premises is located in the R-80 Residential Zone
District anc contains a total area of 2.979 acres, as shown on
the Minor Subdivision Map before the Town Planning Board dated
August 12, 1982 (Lot #3). Location of Property: Private
right-of-way extending from the south side of Indian Neck Road,
Peconic, NY; County Tax Map Parcel No. 98-5-14.3. (Statements
were received both in favor and against the application -- see
verbatim transcript prepared under separate cover for reference
as needed.) Following receipt of all testimony, the hearing was
concluded, pending deliberations at another time.
(3) 7:50 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES.
POSTPONEMENT WAS GRANTED, as requested by Attorney for
applicant, without a new date, until further notice. This
application is an Appeal for an Interpretation under the
Definition Section of the Zoning Code, Article I, Section 100-13
as noticed to the adjoining property owners, as pertains to
dwelling and/or motel uses, and the installation of cooking
facilities (kitchenettes). Location of Property: 61475 County
Road 48, Greenport, NY; County Tax Map Parcel ID
1000-045-01-001 & 002 (2.1), containing approximately 7.5
acres. Zone District: Resort Residential (RR). The subject
premises was the subject of a conditional approval under Appl.
No 3542 in which a Special Exception was requested for motel
units (without maps or plans for individual kitchenettes or
dwelling uses).
(4) 7:52 p.m. Appl. No. 4066SE - WILLIAM C. GOODALE. Special
Exception to the Zoning Ordinance, Article X, Section
100-101B(12) for permission to establish new use for outside,
on-premises motor vehicle sales and leasing, and related
business office, in conjunction with pre-existing nonconforming
residential use. The subject premises is located in the "B"
General Business Zone District and a Pre-Certificate of
Occupancy indicates that the premises has been improved and
occupied with two principal buildings, each with one
single-family dwelling use. This parcel contains a lot area of
36,155 sq. ft. and lot width of 120 feet. Location of
Property: 7655 Main Road, Mattituck (Laurel School District)
County Tax Map Parcel No. 1000-122-06-30.1 (or 30). Extensive
testimony was received - see verbatim transcript. Following the
hearing testimony, a motion was made by Chairman Goehringer,
Page 19 - Minutes
November 21, 1991 Regular Meeting
Southold Town Board of Appeals
seconded by Member Grigonis, and duly carried, to conclude
(close) the hearing, pending deliberations at another time.
(5) 8:20 p.m. Appl. No. 3970 - McDONALD'S CORPORATION.
(Owner: Cofam Realty Co.) for a Special Exception to the
Zoning Ordinance, to establish fast-food restaurant with
drive-through (or drive-up) window subject to the requirements
of Article X, Section 100-101B and subject to site plan approval
by the Town Planning Board. Subject lot, as exists, is
conforming as to lot size in this General Busines (B) Zone
District. Location of Site: South Side of Main Road (State
Route 25), Mattituck, NY; County Tax Map District 1000, Section
122, Block 07, Lot 3.1.
8:55 p.m. A seven-minute recess was taken.
9:08 p.m. On motion by Chairman Goehringer, seconded by Member
Dinizio, and duly carried, the hearing was reconvened and
continued.
10:00 p.m. A short break was taken.
10:10 p.m. The hearing reeonvened and continued.
(See verbatim transcript prepared under separate cover for all
statements submitted during the entire hearing.)
The hearing was concluded as to oral testimony. Written
comments would be accepted until December 16, 1992, at which
time the entire record will be sealed as a complete record and
deliberations commenced.
SEQRA Declarations (Agenda Item #II):
The following declarations were incorporated into the minutes
for reference purposes:
Type II Actions:
Appl. No. 4067 - PAOLO LAVAGETTO. Porch enclosure
with reduced front yard setback from Broadwaters
Drive, Cutchogue.
Appl. No. 4068 - ELEANOR SIEVERIqICH. Reduced lot
area for two proposed lots in a pending subdivision
and insufficient lot width for proposed Lot #2.
3200 Cox Neck Road, Mattituck.
Unlisted Action:
Page 20 - Minutes
November 21, 1991 Regular Meeting
Southold Town Board of Appeals
Appl. No. 4069 - TROY AND JOAN GUSTAVSON. Request
for reversal of building inspector's decision in
order to permit lighting of accessory platform
tennis court for after-dark use. 7785 Main Road,
Mattituck (Laurel School District).
(Agenda Item V):
HEARINGS FOR NEXT MEETING:
On motion by Chairman Goehringer, seconded by Member Dinizio,
and duly carried, the following applications were calendared for
public hearings to be held on MONDAY, DECEMBER 16, 1991, and
authorized for advertisement in the official newspaper of the
Town, commencing at 7:00 p.m:
7:35 p.m. Appl. No. 4066 PELLIGRINI WINERY. Special
Exception to the Zoning Ordinance, Article III, Section
100-31B.13 for permission to establish winery use for the
production and sale of wine produced from grapes primarily grown
in the location of this vineyard. Location of Property: North
Side of Main Road (State Route 25), Cutchogue, NY; County Tax
Map District 1000, Section 109, Block 1, Lot 8.7; bounded on the
west by Alec and Cross, north by Jablonski, east by Carnation
Properties, south by Main Road.
7:40 p.m. Appl. No. 4067 - PAOLO LAVAGETTO. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A (Section
XXIV, Section 100-244B) for permission to construct garage and
storage addition with reduction in the (westerly) side yard
setback on this corner lot. The subject parcel contains a total
lot area of 17,287 sq. ft. and is located in the R-40 Zone
District. Location of Property: South Side of Mason Drive and
the West Side of Broadwaters Drive, Cutchogue; County Tax Map
Parcel No. 1000-104-7-7.
7:45 p.m. Appl. No. 4047 - ETHEL H. BETZ. Variance
application to the Zoning Ordinance, Article III, Section
100-30A and Section 100-31A.3, Bulk Schedule, for approval of
insufficient lot area and width of two parcels in this pending
set-off division. Location of Property: Northeast side of
Calves Neck Road, Southold, NY; County Tax Map Parcel No.
1000-63-7-34 and 35.
8:53 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239 and Article
Page 21 - Minutes
November 21, 1991 Regular Meeting
Southold Town Board of Appeals
III, Section 100-32 for approval of proposed Lot #1 and Lot ~2,
each having a reduction of the total lot area due to wetlands,
and for approval of insufficient width (frontage) of Lot #2.
Location of Property: Easterly side of Cox Neck Road,
Mattituck, NY; County Tax Map Parcel ID #1000-113-8-5
containing a total of 3.7648 acres.
8:55 p.m. Appl. No. 4069 - TROY AND JOAN GUSTAVSON. Request
for reversal of determination of the Building Inspector, or
alternatively a Variance to the Zoning Ordinance, Article III,
Section 100-31C(4b) {by reference to Article X, Section
100-101C} for permission to establish lighting "for after dark
use of an accessory paddle ball court (also referred to as a
platform tennis court structure)." After-dark use is prohibited
under the provisions of the zoning ordinance relative to
accessory tennis court structures. Location of Property: 7785
Main Road, Mattituck, (Laurel school District), NY; Lot #1,
Minor Subdivision Map of Sunbow Associates; County Tax Map
Parcel No. 1000-122-6-29.1.
VOTE OF THE BOARD: Ayes: Chairman Geehringer, Members
Grigonis and Dinizio. (Member V~lla,was absent.)
OTHER/UPDATES: VI. Other Updates:
Doyen.
A. Legislative Code Committee Meeting tonight at 7:30 p.m.
B. Next Legislative Code Comm. Meeting (Dec. 5th er 12th?)
C. Department Head Meeting, Thursday, Dec. 5 at 9:30 a.m.
Due to the lateness of the hour, the meeting was adjourned
by the Chairman.
Respectfully submitted,
Linda F. Kowalski, Secretary
Board Clerk of thee ZBA
/./'Approved - Gerard~P. Goeh~nger l~.~.lV~u AND FILED BY
i~,~ SOOTHOLD TO%VN CLIL".K
~// Chairman ~
DATE (~2~/~- HOUR
Town Clerk, Town of Southold