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HomeMy WebLinkAboutZBA-03/05/1992APPEALS 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 MINUTES REGULAR MEETING THURSDAY, MARCH 5, 1992 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 A Regular Meeting of the Southold Town Board of Appeals was held at the Southold Town Hall, 53095 Main Road, Southold, New York, on THURSDAY, MARCH 5, 1992 commencing at 7:30 p.m. Present were: Chairman Gerard P. Goehringer Board Member Serge Doyen, Jr. Board Member Charles Grigonis, Jr. Board Member James Dinizio, Jr. Board Member Robert A. Villa Linda Kowalski, Board Clerk and approximately 30 persons in the audience. The Chairman opened the meeting at 7:30 p.m. and proceeded with the public hearings in the order listed on the agenda and identified as follows: (1) 7:32 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Appearances were made by the applicant and his attorney, Mario Ongioni, Esq. A verbatim transcript of the statements made during the hearing has been prepared (and for reference purposes as may be needed is attached to the original set of Minutes, with duplicate copies on file in the Office of the Board of Appeals). (2) 7:35 p.m. Appl. No. 4083 - LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for approval of fence exceeding the maximum four-foot height requirement in the front yard area and located along the Page 2 - Minutes Regular Meeting - March 5, 1992 Southold Town Board of Appeals northerly side property line. Location of Property: 1475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12 (containing 2.563 acres pf total lot area); County Tax Map Parcel ID No. 1000-114-1-5.1. Appearances were made by both applicants. A verbatim transcript of the statements made during the hearing has been prepared (and for reference purposes as may be needed is attached to the original set of Minutes, with duplicate copies on file in the Office of the Board of Appeals). (3) 7:40 p.m. Appl. No. 4071 - JOSEPH F. BARSZCZEWSKI, JR. Variances to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty (30%) percent of the total lot area. Applicant/owner is proposing to locate a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board concerning the site plan regulations applicable for this nonconforming lot. Location of Property: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic Bay Estates, Lot No. 176; County Tax Map ID No. 1000-53-2-9. An appearance was made by the applicant. Please see written transcript of verbatim statements made during this hearing attached to the original set of Minutes, with duplicate copies also on file in the Office of the Board of Appeals. (4) 8:00 p.m. Appl. No. 4084 - MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for approval of open porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lot depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-41. Appearances were made by Mr. and Mrs. Henry Ruthinowski, the new owners of this dwelling (and close relatives of the applicant). Please see verbatim transcript for statements of records. (5) 8:05 p.m. Appl. No. 4074 - AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Ordinance, Article X, Section 10lB(12) and Section 100-102, Bulk, Area and Parking Schedule, for permission to establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the Page 3 - Minutes Regular Meeting - March 5, 1992 Southold Town Board of Appeals existing bay areas of this one-story building.) subject premises is nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. Appearances were made by the applicant, Mr. Ilgin, and his architect, Garrett Strang. Please see verbatim transcript for statements and discussions from the hearing record. (Agenda Items #6 and ~7) 8:17 p.m. DR. PHILIP J. CENTONZE and MARILYN CENTONZE - regarding premises known as 5700 North Road (County Road 48), Mattituck, NY; County Tax Map Parcel No. 1000- 140-2-11. Applicants, as contract vendees, are requesting: (a) Appl. No. 4082 - Variances to the Zoning Ordinance, Article VII, Section 100-72 for approval of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a professional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area applicable to each use in this Residential-office (RO) Zone District is 40,000 sq. ft. This lot is nonconforming as to area and width. (b) Appl. No. 4081 Special Exceptions to the Zoning Ordinance, Article VII, Section 100-71B(2 & 7) for permission to establish first floor professional dental office, as permitted by Section 100-71B(2), and a second floor apartment not exceeding 750 sq. ft. livable floor area, as permitted by Section 100-71B(7). Appearances were made on both the above-noted applications by the applicants and their architect, Garrett Strang. Please see the prepared verbatim transcript for statements and discussions during the hearing. (Also see conditional approval granted later during this meeting.) (8) 8:27 p.m. Appl. No. 4076 - FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of an addition, for storage purposes only, having an insufficient setback from the westerly side property line. Subject premises is a nonconforming lot located in the Light Business (LB) Zone District. Location of Property: North Side of County Road 48 and the Westerly Side of Kenny's Road, Southold, NY; County Tax Map Parcel No. 1000-59-7-33. Appearances were made by Mrs. Hufe and her attorney, William Moore of Mattituck. Please see verbatim transcript for discussions. Also note a resolution Page 4 - Minutes Regular Meeting - March 5, 1992 Southold Town Board of Appeals adopted later this evening which rendered a favorable determination (following the public hearings~. (9) Appl. No. 4068 - ELEANOR SIEVERNICH. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking Schedule, for approval of the upland area of proposed Lot #1 (79,449 sq. ft.) and proposed Lot #2 (74,568 sq. ft.), and for approval of the insufficient width of proposed lot #2 (73.37 ft) along Cox's Neck Road {a/k/a Cox Lane}. This project is a Minor Subdivision Application also pending before the Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-8-5, containing a total of 3.765 acres. Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to postpone this hearing until further notice as requested by the applicant's attorneys due to pending negotiations on a property line dispute. End of public hearings. ENVIRONMENTAL DECLARATIONS (SEQRA) {Agenda Item III-A}: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Environmental Declara- tions as noted on the following pages, which determination 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: TYPE II ACTIONS (coordination and processing not applicable): 1. Appl. 2. Appl. 3. Appl. 4. Appl. 5. Appl. 6. Appl. 7. Appl. 8. Appl. No. 4080 - George Tsavaris No. 4083 Donna Schlegel No. 4084 - Mary Brennan No. 4085 - Andrew & Ann Monaco No. 4086 - Helen Coutsouros No. 4087 - Bart and Chris Ruroede No. 4089 - Evelyn Turchiano No. 4090 - Lloyd Kanev Page 5 - Minutes Regular Meeting - March 5, 1992 Southold Town Board of Appeals (Environmental Declarations, continued): UNLISTED ACTIONS (uncoordinated): 9. Appl. No. 4082 - Dr. and Mrs. P. Centonze 10. Appl. No. 4081 - Dr. and Mrs. P. Centonze 11. Appl. No. 4088 - Margaret F. Weidmann 12. Appl. No. 4091 - Eugene LaColla. (Item #13 from the agenda for a Declaration on the application of William Goodale was held in abeyance as requested by board members.) Vote of the Board: AYES: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. APPROVAL OF MINUTES: On motion by Chairman Goehringer, seconded by Member Grigonis, it was RESOLVED, to approve the Minutes of the January 23, 1992 meeting as submitted. Vote of the Board: Ayes: Dinizio, Villa and Goehringer. adopted. Messrs. Doyen, Grigonis, This resolution was duly DELIBERATIONS/DECISIONS on the following: Matter of George Storms Matter of Ethel Betz Matter of Michael Herbert Matter of Warren Hufe Matter of Dr. and Mrs. P. Centonze Matter of Donna Schlegel Matter of Mary C, Brennan (Continued on following pages) Page 6 - Minutes Regular Meeting of March 5, 1992 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4079: Matter of GEORGE STORMS. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C(1) for approval of fence areas along the front yards which will be in excess of the four-foot height limitation. Location of Property: 105 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-118-3-3.5, also known as part of Lots 128 and 127 on the Amended Map of Nassau Point. WHEREAS, after due notice, a public hearing was held on January 23, 1992, 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 doc~mentation 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, appellant requests approval of the placement of a fence located within and along the front yard areas at a total height of six feet. The length of the fence is approximately 76 feet along Bridge Lane, approximately 36-1/2 feet extending in a north-south direction from the house, and approximately 49 feet along the southerly rear property line also extending in a north-south direction. Although only that portion of the fence located in the "front yard" are required to be at four feet in height, the entire fence enclosure is intended to fully enclose the pool area located in the rear yard between the applicant's house and the neighboring parcels (to the south). 2. The premises in question is located in the R-40 Zone District and contains a total area of approximately 40,000 sq. ft. The copy of the survey submitted with this application shows that this parcel is improved with a 1-1/2 story frame house and accessory swimmingpool in the southerly (rear) yard ~age 7 - Appl. No. 4079 Matter of GEORGE STORMS Decision Rendered March 5, 1992 area. The subject pool and fence enclosure are the subject of an outstanding building permit (No. 20194) and require final approval for a Certificate of Occupancy. 3. Article XXIII, Section 100-230C(1) of the Zoning Code provides that any fence to be situated along the front property line must be erected and maintained at a height not exceeding four feet. (Fences along the side and rear yard areas are permitted at the proposed height of six feet.) 4. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to this property particularly since it is a corner lot; (b) the circumstances are not personal in nature; (c) the variance of 50% of height; relief is substantial as the requirements for the applied, being a additional two foot (d) the relief as granted does not involve any increase of dwelling unit density and will not cause a substantial effect on available governmental facilities since the structure is a fence for security, screening and privacy purposes; (e) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (f) there is no alternative economically feasible for appellant to pursue other than a variance; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood since there are fences and structures at heights above four feet on this pennisula (Nassau Point) used for the same purposes and/or structures such as tennis courts or screened storage areas incidental to residences in the area. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance for permission for new fence at a maximum height of six feet as located along the front yard areas and as described in paragraph #1, supra, with the lawn Page 8 . Appl. No. 4079 MatteI of GEORGE STORMS Decision Rendered March 5, 1992 area along the front property line of Bridge Lane being maintained. Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Dinizio, and Goehringer. Naye: Mr. Villa (opposed to granting of height variance since the reasons for the difficulties are self-imposed). This resolution was duly adopted. Page 9 - Minutes Regular Meeting of March 5, 1992 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4075: Upon application of MICHAEL HEP~BERT for a Variance to the Zoning Ordinance, Article IX, Sections 100-91A and Section 100-92, Bulk Area and Parking Schedules, for permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, Town of Southold; County Tax Map Parcel ID No. 1000-140-2-23. WHEREAS, public hearings were held on January 23, 1992 and on March 5, 1992, at which time all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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 is an application for a variance requesting the establishment of a real estate business use in addition to the existing owner-occupied two-family dwelling use and manager's quarters (for the owner's occupancy). This area variance request is for a reduction in the required land area from 20,000 sq. ft. per unit/use for four proposed uses, to wit: two single-family dwelling units, one owner-occupied manager's quarters, and the proposed real estate business (office) use, (all on a 20,129 sq. ft. parcel instead of 80,000 sq. ft. of land area). 2. The subject premises is located in the Hamlet-Business Zone District along the north side of Pike Street (House No. 795) in the Hamlet of Mattituck, and is improved with an existing two-story framed principal building and separate Page ]0- March 5, 1992 Appl. No. 4075 - MICHAEL HERBERT Southold Town Board of Appeals accessory (storage) garage located in the rear yard area, all as shown on the sketched map submitted for consideration. 3. The grounds of disapproval by the Building Inspector as issued on October 9, 1991 cites insufficient land area as outlined in Article IX, Section 100-92, Bulk Area and Parking Schedules, as well as the issues of site plan and parking approvals necessary under Section 100-91A (Planning Board), and exterior sign(s) which apparently were not indicated on the rejected building permit application. 4. The area of the existing building proposed to be utilized is "a portion of the first floor apartment for a real estate business." (ref. appeal application) It is the intention of the applicant to continue the three established uses, and not to eliminate one of those uses in exchange for the proposed new (business) use. 5. For the record, it is also noted that: (a) prior to January 10, 1989, the subject premises was located in an "A" Residential and Agricultural Zone District and was a substand parcel. Two-acre zoning (80,000 sq. ft.) minimum lot area required from 1983 to 1989. The premises at this time was a conforming residential use, but nonconforming as to lot area and width; (b) on May 28, 1986, a use variance was denied under Appeal no. 3472 during for a proposed Bed and Breakfast in an "A" Residential and Agricultural Zone District {which was not listed as a permitted by Special Exception at this time} (c) on January 10, 1989, the Southold Town Board adopted revisions to the Master Plan zoning maps and code, which also modified the zoning of the subject parcel to Hamlet- Business (HB). The parcel, having a land area of 20,000 sq. ft. with one dwelling use, was conforming as to total lot area at this time. (d) on March 29, 1990, the conditional grant of an owner-occupied two-family dwelling use with manager's quarters was effectuated {through ZBA determinations rendered March 29, 1990 under Appl. No. 3924}. (e) under Appl. No. 3924, any change, modification, increase or expansion, structurally or otherwise, as well as change of use to other than two-family residential, will require further approval by the Board of Appeals as well as consideration by the Planning Board under the site plan regulations. Accordingly, there shall be no retail sales permitted at the premises, now or in the future, unless Page ]]- March 5, 1992 Appl. No. 4075 - MICHAEL HERBERT Southold Town Board of Appeals appropriate approvals from Building, Zoning and Planning have been issued. Information obtained from the 1990 application and file documentation indicate the following proposed livable floor areas within the existing structure: (1) front unit, 863+- sq. ft., (2) rear unit 477 sq. ft., (3) third unit 639 sq. ft. (f) a Bed and Breakfast Special Exception permit was officially withdrawn by the property owner/applicant and resolution of this Board rendered September 26, 1991 under Appl. No. 3539 as it pertained to a conditional Special Exception initially granted on September 11, 1986. The withdrawal of the Bed and Breakfast was a mandatory condition to the 1990 resolution approving the two-family use and manager's quarters (owner-occupancy). 6. In considering an area variance, the following standards must be considered: (a) whether strict compliance with the requirements will result in practical difficulties, and whether the difficulties claimed are sufficient to grant the relief requested; (b) whether the difficulties created can be obviated by some method feasible for appellant to pursue other than a variance; (c) whether a substantial change will be produced in the character of this property, the neighborhood, or be a detriment to adjoining properties; (d) whether the variance, if allowed, will effect available governmental facilities; (e) whether the variance requested is personal in nature or the relief requested is uniquely related to the land; (f) whether or not the dificulties claimed have been created by the owner or by a predecessor in title; (g) whether the variance is the minimum necessary to afford relief. 7. In considering all the above standards, the Board finds and determines, as follows: (a) that the practical difficulties claimed are not sufficient to grant the relief requested and are not uniquely related to the land, and the practical difficulties claimed as a ground for this variance has been created by the owner in title; Page ]2- March 5, 1992 Appl. No. 4075 - MICHAEL HERBERT Southold Town Board of Appeals (b) that there is an alternative available for appellant to pursue, that is, to eliminate one of the existing dwelling units or the manager's quarters, and substitute in place thereof the proposed real estate business use (and applying for site plan approval before the Planning Board and other agency permit approvals in doing so) -- the land is presently over-utilized with three units on a substandard parcel ~see record of prior actions by the landowner herein concerning multiple uses}; (c) although there is uniqueness to the noncon- formities of this parcel as exist, the relief requested is not uniquely related only to this parcel since the law is applied to all other properties which would also share the same circumstances; (d) that the essential character of the neighborhood will be changed and substantial detriment to adjoining properties will be created - the relief requested for a fourth use is incompatible with the overall plan and policy for development of the town and would create conditions distinctly different from those existing in the locality by adding problems incident to an increase in density as well as unquestionably altering the essential character of this neighborhood of substandard parcels. (e) that the difficulties claimed are self-created since the landowner is bound by the applicable provisions of the ordinance and by the facts and circumstances concerning the use of his property -- although learned by the landowner having exercised reasonable diligence; (f) that the amount of relief requested is substantial in relation to the requirements - the subject lot is occupied by three units, to wit: two dwelling units and one manager's quarters on less than the required 60,000+- sq. ft. of land area. An additional 20,000 sq. ft. of land area is required for this proposed fourth use as a real estate business. reasonable the land; (g) that the landowner is not deprived of a return on his land and is not prevented from using (h) proof has not been submitted as to actual dollars and cents proof as necessary under the circumstances to show the extent of practical difficulties claimed to be suffered by the landowner; (i) that in view of the manner in which the difficulty arose and in consideration of all the above factors, Page ]3_ March 5, 1992 Appl. No. 4075 - MICHAEL HERBERT Southold Town Board of Appeals the interests of justice will be served by denying the relief requested. NOW, THEREFORE, on motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, that the relief as requested under Appl. No. 4075 in the Matter of the Application for MICHAEL HERBERT, be and hereby is DENIED. Vote of the Board: Ayes: Grigonis, Doyen and Goehringer. adopted. Messrs. Villa, Dinizio, This resolution was duly Page ]4- Appl. No. 4083 Decision Rendered March 5, 1992 Matter of LEONARD AND DONNA SCHLAGEL ACTION OF THE BOARD Appl. No. 4083. Application of LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for approval of fence exceeding the maximum four-foot height requirement in the front yard area and located along the northerly side property line. Location of Property: 1475 Home Pike Road, Mattituck, NY; also shown on the "Map of Point Pleasant," filed in the Suffolk County Clerk's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12 (containing 2.563 acres of total lot area); County Tax Map Parcel No. 1000-114-1-15.1. WHEREAS, a public hearing was held on March 5, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant is requesting approval of the placement of a stockade fence in the front yard area extending from the front property line in an easterly direction approxi- mately 185 feet (along the northerly side property line. 2. The premises in question contains a total lot area of approximately 88,900 square feet - as shown on the set-off map approved by the Southold Town Planning Board on August 18, 1982 (for Parcel #1). This parcel is located in the R-40 Zone District and has a frontage (lot width) along Home Pike Road of 121.14 feet. Access to this property is over Home Pike Road, a private road, which was the subject of a conditional 280-A approval under New York Town Law rendered September 39, 1982. 3. The subject premises is improved with a two-story frame house situated approximately 185 feet from the front (westerly) Page ]5 _ Appl. No. 4083 Decision Rendered March 5, 1992 Matter of LEONARD AND DONNA $CHLAGEL property line, and 15.5 feet from the northerly (side) property line at its closest points. 4. Article XXIII, Section 100-231 of the Zoning Code provides that: Fences ... within five (5) feet of the property lines may be erected and maintained, subject to the following height limitations: A. When located in the front yard along the front lot line, the same shall not exceed four (4) feet in height. B. When located along side and rear yards, the same shall not exceed six and one-half (6-1/2) feet in height. C. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. 5. The fence area which is the subject of this variance application is that area located in the front yard, along the side property line, extending approximately 185 feet in length. The fence area beyond this front yard area does not require a variance since the height will conform to subsection B of Section 100-231. 6. It is the position of the Board in considering this application that: (a) the circumstances related to the land and building are unique - the minimum requirement in an R-40 Zone District for the front yard setback is 50 feet, and the principal dwelling as exists is set back more than three times the minimum requirements, increasing the size of the limited front yard areas; (b) the relief is substantial in relation to the requirement, being a variance of 50% {from four feet to six feet}; (c) the relief as granted will not be an increase in use density and is intended for screening and privacy purposes; (d) the relief, as alternatively granted, is not unreasonable-and is due to the'uniqUeness of the property as noted previously; Page ]6- Appl. No. 4083 Decision Rendered March 5, 1992 Matter of LEONARD AND DONNA SCHLAGEL (e) although there is an alternative for appellants to pursue, the appellants' request is not unreasonable and is practical under the circumstances; (f) the variance, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY the relief as requested for a six foot fence the entire 185 ft. length, and BE IT FURTHER RESOLVED, to GRANT an alternative permitting the following fence height relief: (1) the first 24 ft. extending easterly from the front property line (at Home Pike Road) have a gradual reduction in height from the six ft. height to a height of 4'6" {for better visibility for vehicles exiting the premises). (2) there be no extensions for fencing along or within other front yard areas above four feet (only that as granted for the northerly {side~ property line in the front yard area). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. Page 17 - Minutes Regular Meeting of March 5, 1992 Southold Town Board of Appeals Appl. No. 4047. ACTION OF THE BOARD OF APPEALS Upon Application of ETHEL H. BETZ. Variance to the Zoning Ordinance, Article IIIA.3, 100-31A.3, Bulk Schedule, for approval of insufficient lot area and width of two parcels, as conveyed by deeds in 1951 and in 1956. Location of Property: Northeast side of Calves Neck Road, Southold, NY; County Tax Map Parcel Nos. 1000-63-7-34 and 35. WHEREAS, public hearings were held on December 16, 1991 and January 23, 1992, 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 foI-lowing Findings of Fact: '1. This is an application concerning a total lot area of 55,789 sq. ft. situated in the R-40 Residence District and located along the northeasterly side of Calves Neck Road, Hamlet of Southold, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 63, Block 7, Lots 34 and 35. 2. The most southerly half of the subject premises is improved with a one-story, single-family dwelling which is situated approximately 48 feet from the front property line along Calves Neck Road, approximately 6.7 feet from the proposed division line to the west, and 24.9 feet to the easterly (side) property line. 3. By this variance application, appellant is requesting permission to reestablish separate parcels as shown on the County Tax Maps of Suffolk County, referred to as Lot #34 and Lot #35, and more particularly described in the deeds of conveyance to the applicant dated ~une 9, 1951 and July 28, 1956 and further noted as follows: Page ]~ Appl. No. Matter of ETHEL BETZ ~ Decision Rendered March 5, 1992 (a) proposed westerly half, shown as Lot ~34 on the County Maps, contains a proposed total lot area of 26,097 sq. ft. with 125.47 ft. frontage along Calves Neck Road; (b) proposed easterly half, shown as Lot ~35 on the County Maps, contains a proposed total lot area of 29,692 sq. ft. with 125.47 ft. frontage along Calves Neck Road. 4. Column iii of the Bulk Schedule, and Article IIIA, Section 100-31A.3 of the zoning code regulations (as amended January 10, 1989) requires a minimum lot area of 40,000 square feet per lot and minimum width of 150 feet. 5. The percentages of relief sought by this application are as follows: (a) proposed westerly lot {referred to as Lot 034} is 66% of the total lot area requirement of 40,000 sq. ft.; (b) proposed easterly lot {referred to as Lot ~35} is 75% of the total lot area requirement of 40,000 sq. ft.; 6. In considering this application, the Board also finds and determines: (a) the relief as granted is not substantial in relation to lots existing in this vicinity; (b) the practical difficulties claimed and dollars-and cents-proof are sufficient, as submitted in the record, to warrant a grant of this variance; (c) there will be no substantial change in the character of the neighborhood and a precedent would not be set for the following reasons: {1} immediately to the west and east are parcels of similar character and size comparable to this application; there have been no other mergers found in this vicinity, except that a parcel five lots to the west (1000-63-7-29.1) consists of an area of 40,000 sq. ft. as combined and the character of this lot is not comparable when viewing the size, shape, contours, building setback requirements, etc. All other parcels in this area have been recognized as individual, separate parcels for at least 25 years, most of which have been improved with single-family dwellings. The circumstances under this application, and this approval, will not have a direct effect or set a precedent to any other lots in this neighborhood. {2} the parcels immediately south of Calves Neck Road in the vicinit~ of applicant's land do consist of a total lot areas from approximately 29,000 sg. ft. to 39,000 sq. ft. +- Page ]9' Appl. No. Matter of ETHEL BETZ Decision Rendered I4arch 5, 1992 as shown by the county tax maps, as deeded for each parcel {these parcels are not dividable into substandard lots in this R-40 zone district under the circumstances under which they exist and have existed since prior to the enactment of one-acre zoning in November 1971, and prior thereto, based upon our review of the town and county records}; {3} the lots which exist in the immediate vicinity are lots which appear to have been single and separate since the 1960's and have not existed by creation of a zoning variance - the subject application is uniquely related to the land and is not personal in nature. (d) the difficulties cannot be obviated by some method feasible for the appellant to pursue, other than a variance; (e) that the grant of this variance will not created a substantial change in the area or substantial density increases, particularly since the practical difficulties are not shared by the surrounding area parcels; (f) that the applicant has received approvals from the Suffolk County Department of Health Services under Article 6 - Realty Development and Subdivision Regulations; (g) 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. (h) that it is the board's belief from personally viewing the land and buildings and from statements in the record that it was the appellant's intention not to abandon the separability of the lots, and that the lots were intended to be conveyed as a separate building parcel at some future date exactly as conveyed by deeds at Liber 3226 cp 230 dated 6/9/51 from L. Barron Hill and Adelaide H. Hill and at Liber 4164 cp 49 dated 7/28/56 from Helen Wickham to the current owner. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief as requested under Appeal No.4047 in the Matter of ETHEL BETZ, with the PROVISION THAT THE VACANT PARCEL IS SUBJECT TO THE BULK SCHEDULE REGULATIONS FOR THE R-40 ZONE DISTRICT concerning side yards at 15 and 20 feet, front yard at 40 feet, setback from wetlands at 75 feet, lot coverage at 20% limitation, etc. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Minutes of March 5, 1992 - 20 - Board of Appeals (Betz, continued:) Grigonis and Dinizio. Nay: Member Villa (opposed in all respects). This resolution was duly adopted by a 4-1 margin. ACTION OF THE BOARD Appl. No. 4076. Application of FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Ordinance, Article VIII, Section 100-82, for approval of an addition, for storage purposes only, having an insufficient setback from the westerly side property line. subject premises is a nonconforming lot located in the Light Business (LB) Zone District. Location of Property: North Side of County Road 48 and the Westerly Side of Kenney's Road, Southold, NY; County Tax Map Parcel No. 1000-59-7-33. WHEREAS, a public hearing was held on March 5, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant is requesting approval of storage addition at the westerly side of the existing building. The addition is 14'8" and 4" overhang, all to be set back 11.5 (or 12 feet) from the westerly (side) property line. Although the setback requested in the application is 12 feet, the setback according to the survey prepared February 5, 1992 indicates that the building is presently set back 26.0 feet from the westerly side property line at its closest point, thus a reduction in this setback by 14'8 feet and a 4" overhang will leave a setback at approximately 11.2 feet. 2. The premises in question is nonconforming as exists with a total lot area and width containing a total area of 13,718.85 feet (.3149 ac.). The building as exists is nonconforming in the northerly rear yard (on this corner lot) and the front yard setback from County Road 48 is shown to be 18.4 feet at its closest point. ~age 2]- Appl. No. 4076 Decision Rendered March 5, 1992 Matter of FUTURE SCREW MACHINE PRODUCTS, INC. 3. The premises is located in the Limited Business (LB) Zone District and the existing principal building with addition has received a Certificate of Occupancy under No. Z6919 dated March 4, 1976. (It is not~d, however, that the metal truck trailer shown on the February 5, 1992 survey prepared by Joseph A. Ingegno is pending reviews by the Building Inspector at this time and is not part of the variance request at this time -- requiring a separate application.) 4. This addition is to be used for garage and storage purposes which are accessory and incidental only to the principal use of the premises. 5. It is the position of the Board in consideration this application that: (a) the circumstances are uniquely related to the land and buildings and are not personal in nature; (b) the relief is substantial in relation to the requirement, being a variance of approximately 40% {from a 20 ft. setback to 11.2+- feet); (c) the relief as granted will not be an increase in use density since it will be used for accessory storage purposes; (d) the relief requested is not unreasonable due uniqueness of the property - being a corner lot and of a substandard size; to the (e) there is no alternative for appellants to pursue other than a variance; (f) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to G93%NT reduction in the westerly side yard setback for the proposed addition for storage purposes, as applied under Appl. No. 4076 in the Matter of the Application of FUTURE SCREW MACHINE PRODUCTS, INC. (HUFE). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. Page 22 - Appl. No. 4081 Matter of DR. AND MRS. PHILIP J. Decision Rendered March 5, 1992 CENTONZE ACTION OF THE BOARD OF APPEALS Appl. No. 4081. Upon Application of DR. PHILIP J. CENTONZE and MARILYN CENTONZE. Request for Special Exception to the Zoning Ordinance as authorized by Article VII, Section 100-71B (2 & 7) for permission to establish first floor professional dental office, as permitted by Section 100-71B(2) and a second ~loor apartment not exceeding 750 sq. ft. livable floor area, as permitted by Section 100-71B(7). Location of Property: 5700 C.R. 48 (North Road), Mattituck, NY; County Tax Map No. 1000-140-2-11. Zone District: Residential-Office {RO). WHEREAS, a public hearing was held on March 5, 1992, at which time all those who desired to be heard were heard and their testimony recorded (see separate verbatim transcript of hearing); 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, applicants request a Special Exception for the conversion of an existing principal dwelling structure, presently containing a total floor area of 1860 sq. ft., into a residential unit on the second floor containing 700 sq. ft. and a professional (dental office on the first floor containing 1160 sq. ft. 2. The premises in question ms located along the south side of County Road 48 (North or Middle Road), Mattituck, in the Town of Southold, which premises is identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 02, Lot 11. 3. The subject premises is improved with a one and one-half story single family dwelling structure which is set back approximately 30 feet from the front property line, 53+- Page 23 - Appl. No. 4081 Matter of DR. AND MRS. PHILIP Jo CENTONZE Decision Rendered March 5, 1992 feet from the rear property line, and side yards at 8.8 feet at the easterly side and 30 feet at the westerly side. 4. The land in question contains a total lot area of 11,200 sq. ft. and a lot width of ~5.00 feet along County Road 48. This parcel has been held in single and separate ownership according to the town's assessment and building records. Both the lot area and lot width are substandard in this Residential- Office Zone District. 5. The parking area has been designated on a site plan map prepared by Garrett A. Strang, R.A. dated January 29, 1992 for seven parking spaces in the rear yard area. Screening and other site plan elements will be addressed by the Southold Town Planning Board under the site plan application pending at this time. 6. For the record, it is also noted that: (a) this Board has granted approval of the substandard lot size, as exists, in this R-O Zone District to authorize two principal uses under Application No. 4082; (b) the Master Plan revisions adopted on January 10, 1989 re-zoned the subject premises to Residential-Office, and the although the size requirements for new parcels in this zone has increased, the size of this parcel has not been directly affected since it has been held in single-and-separate ownership, and there has been no literal change in the dimensions or lot lines of this parcel which would affect the circumstances of the revised master plan amendments; (c) this Board has received communications from the Southold Town Planning Board indicating that they have reviewed the plans and have determined that a handicapped parking space in compliance with the new American Disabilities Act must be shown together with any proposed sign and {outside~ lighting facilities. 7. Article XXVI, Section 100-263, sub-paragraphs A through F of the Zoning Code provides several standards, which standards the Board Members have considered concerning both uses, (professional dental office areas on the first floor and residential unit on the second floor) in this Special Exception application. 8. Other considerations by the Board were also given, among other things, to sub-paragraphs A through P of Section 100-264. 9. It is the position of this board that the uses requested under this Special Exception has met the requirements Page 24 - Appl. No. 4081 Matter of DR. kND MRS. PHILIP J. Decision Rendered March 5, 1992 CENTONZE as to burden of proof (standards under Article XXVI, Section 100-263), all as stipulated by the ordinance under Article IX, Section 100-91B, subsection 7, for an apartment over a professional office. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception for professional office use on the first floor, and for a single-family residential apartment unit on the second floor, as applied in the Matter of the Application of DR. PHILIP J. AND MARILYN CENTONZE (contract vendees). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. Appl. No. 4082 -25- Matter of Dr. and Mrs. Philip J. Centonze Decision Rendered March 5~ 1992 ACTION OF THE ~OAi~DOF APPEALS Appl. No. 4082. Upon Application of DR. PHILIP J. CENTONZE and MARILYN CENTONZE. Request for Variance under Article VII, Section 100-72 for approval of the lot area for the establishment of two principal uses within the existing structure. The lot area applicable to each use in this RO Zone District is 40,000 sq. ft. This lot has nonconforming area and width and is known as 5700 North Road (County Road 48), Mattituck, NY; County Tax Map No. 1000-140-2-11. Zone District: Residential-Office (RO). WHEREAS, a public hearing was held on March 5, 1992, at which time all those who desired to be heard were heard and their testimony recorded (see separate verbatim transcript of hearing); 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. By this application, applicants request an area variance of the total existing lot area at 11,200 sq. ft. for the proposed conversion of an existing principal dwelling structure, presently containing a total floor area of 1860 sq. ft., from one use to two uses, to wit: a residential unit on the second floor containing 700 sq. ft. and a professional (dental) office on the first floor containing 1160 sq. ft. 2. The premises in question is located along the south side of County Road 48 (North or Middle Road), Mattituck, in the Town of Southold, which premises is identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 02, Lot 11. 3. The subject premises is improved with a one and one-half story single family dwelling structure which is set back approximately 30 feet from the front property line, 53+- Page 26 - Minutes Regular Meeting of March 5, 1992 Southold Town Board of Appeals feet from the rear property line, and side yards at 8.8 feet at the easterly side and 30 feet at the westerly side. 4. The land in question contains a total lot area of 11,200 sq. ft. and a lot width of 75.00 feet along County Road 48. This parcel has been held in single and separate ownership according to the town's assessment and building records. Both the lot area and lot width are substandard in this Residential- Office Zone District. 5. The parking area has been designated on a site plan map prepared by Garrett A. Strang, R.A. dated January 29, 1992 for seven parking spaces in the rear yard area. Screening and other site plan elements will be addressed by the Southold Town Planning Board under the site plan application pending at this time. 6. For the record, it is also noted that: (&) this Board has rendered Special Exception approval permitting two principal uses as authorized by the Code, Article VII, Sections 100-71B (2 & 7); (b) the Master Plan revisions adopted on January 10, 1989 re-zoned the subject premises to Residential-Office, and the although the size requirements for new parcels in this zone has increased, the size of this parcel has not been directly affected since it has been held in single-and-separate ownership, and there has been no literal change in the dimensions or lot lines of this parcel which would affect the circumstances of the revised master plan amendments; (c) this Board has received communications from the Southold Town Planning Board indicating that they have reviewed the plans and have determined that a handicapped parking space in compliance with the new American Disabilities Act must be shown together with any proposed sign and {outside} lighting facilities. 7. It is the position of this Board that the intent of the master plan revisions is to permit both uses, particularly under subsection 7 of 100-71B, which authorizes: ...Apartments may be permitted over retail stores and business, professional and governmental offices, subject to the following requirements... The Town in re-zoning this property has, in effect, sanctioned the nonconformities of the property in adopting new uses and requirements. 8. It this area variance, the Board has considered the following: Page 27 - Minutes Regular Meeting of March 5, 1992 Southold Town Board of Appeals (a) there will be no substantial change in the character of this parcel or adversely affect the neighborhood - this parcel is ample for two uses as proposed without the necessity of substantial physical changes to the property or the building; (b) there is no viable alternative for appellants to pursue, other than a variance; (c) the practical difficulties claimed are uniquely related to the property and are not limited to the owner or prospective purchaser; (d) the amount of relief requested is minimal under the circumstances; (e) there will be no substantial increase in population density or increased burden on public facilities by the grant of the relief requested; (f) the interests of the landowner is not outweighed when compared to the interests of the public welfare; the interests of justice will be served by the grant of the relief requested. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT an area variance for this substandard lot, as exists, in this Residential-Office Zone District, in this proposed establishment (addition) of a professional dental office on the first floor, in conjunction with the existing residential use except that the floor area of the proposed single-family residential apartment unit will be strictly on the second floor and will be reduced to 700 sq. ft. on the existing (second floor) building area, as applied in the Matter of the Application of DR. PHILIP J. AND MARIL~CENTONZE {contract vendees}. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. Page 28 - Minutes Regular Meeting of March 5, 1992 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4084: Application for MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to approval of open porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lot depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-41. WHEREAS, a public hearing was held on March 5, 1992 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. This is an appeal of the February 6, 1992 Notice of Disapproval from the Building Inspector concerning an application for a building permit for a rear open porch with steps as shown on the February 3, 1992 survey prepared by Roderick VanTuyl, P.C. 2. The porch (deck with roof) is shown to be approximately 15 feet from the rear property line. The lot coverage without the subject porch area is 888 sq. ft., which is presently 27.5% coverage of the total lot area (3201 sq. ft.). 3. The premises in question is a described parcel of land having nonconformities in the following areas: (a) lot width of 45.0 feet along Champlin Place, (b) total lot area of 3201 sq. ft., (c) lot depth at 70.87 feet, (d) lot coverage at 27.5 percent, front, side, and rear yard setbackst all as shown on the February 3, 1992 survey submitted as part of this application. Page 29 - Minutes Regular Meeting of March 5, 1992 Southold Town Board of Appeals (Brennan decision, continued:) 4. The subject premises is located in the R-40 Zone District, and the minimum rear yard setback for a nonconforming parcel is 35 feet under Section 100-244. The dwelling structure has existed since on or about November 29, 1965 pursuant to Building Permit No. 2943Z. The premises as exists was purchased by Mr. and Mrs. Richard B. Brennan on December 14, 1979, and is presently under conveyance to Henry E. Ruthinowski, Jr. and Deborah J. Ruthinoski. 5. In considering this application, the Board also finds that: (a) the relief requested will not be adverse to the essential character of the neighborhood and is the minimum necessary to afford relief; (b) although the relief requested is substantial in relation to the requirements, aue to area precedents set in this immediate neighborhood, the application is not unreasonable; (c) the relief as requested will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) the relief requested cannot be obviated.by another method feasible to appellant to pursue, other than a variance; (e) the relief requested is uniquely related to the land as well as the immediate area in this preexisting neighborhood - many other nearby parcels have similar difficulties, particularly with reference to small parcel size, reduced setback, and excessive lot coverage. (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. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the variances, as requested, in the Matter of the Application for MARY BRENNAN under Application No. 4084. Vote of the Board: Gr~gonis, Dinizio and Villa. ~es: Messrs. Go¢~ringe~,.Doyen, is resolution was au~y aa0p~ea. Page 30 - Minutes Regular Meeting of March 5, 1992 Southold Town Board of Appeals ADVERTISING OF HEARINGS FOR MARCH 25, 1992: Chairman Goehringer, seconded by Member Dinizio, was On motion by and duly carried, it RESOLVED, to calendar and advertise the following matters for public hearings to be held on WEDNESDAY, MARCH 25, 1992, commencing at 7:30 p.m., at the Southold Town Hall, 53095 Main Road, Southold, New York: (1) 7:32 p.m. Appl. No. 4090 - MR. AND MRS. H. LLOYD KANEV. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition to existing dwelling for increased livable floor area, all of which is to be situated at less than 100 feet from the top of the bluff along the L.I. Sound. Location of Property: 355 Rosenburgh Road (Private Road ~3), East Marion, NY; County Tax Map Parcel ID 1000-021-01-27.1 (inclusive of Lot #s 11, 13.3, 27, 29, & 30). (2) 7:40 p.m. Appl. No. 4086 - ANTHONY AND HELEN COUTSOUROS. This is an application requesting a determination confirming or recognizing this nonconforming vacant lot as a substandard lot, under Article III, Section 100-32A, and Article XXIV, Section 100-244 of the Zoning Ordinance. Any future application for a single-family dwelling is, of course, subject to receiving building permits, septic and well approvals, etc. as required by other agencies. The subject lot is located in the R-40 Residential Zone District, and is a described parcel of land acquired through deed conveyance on 2/30/60 to the present owner. Location of Property: 1125 (Westerly Side of) Tucker Lane, Southold; County Tax Map Parcel 1000-59-10-12. This parcel contains a total lot area of 20,000 sq. ft. and lot width of 100.0 ft. (3 & 4) 7:45 p.m. Applications by WILLIAM C. GOODALE (Owner) and RICHARD GOODALE (Tenant) concerning premises known as 7655 Main Road, Laurel (near Mattituck), NY, County Tax Map Parcel No. 1000-122-06-30.1 (previously 30), under: (a) Appl. No. 4092 for a Variance to the Zoning Ordinance, Article XXIV, Section 100-102, Bulk Area Schedule, for permission to locate a third principal use on this 36,155 sq. ft. parcel. Third principal use is for the establishment of new car sales and for the establishment of an accessory use incidental to the new car sales establishment for the sale and/or lease of used vehicles. Also, as an alternative, a variance is necessary to substitute the proposed vehicle sales/lease uses for one of the existing residential uses. 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. Page 31 - Minutes Regular Meeting of March 5, 1992 Southold Town Board of Appeals (Calendaring of hearings for March 25th, continued:) (b) Appl. No. 4093 - WILLIAM C. GOODALE (Owner) for a Special Exception under Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales estblishment, (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. (5) 8:00 p.m. Appl. No. 4070 - DALCHET CORP., WILLIAM AND LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed Lot No. 3 containing less than 80,000 sq. ft. in this R-80 zone district {the remaining four lots will meet the 80,000 sq. ft. size requirement}, and/or: (b) Article XVIII, Section 100-181C(2) for approval of the total area of 9.04 acres for a density of five proposed lots in this mixed R-80 and R-40 Zone District. Location of Property: Westerly side of Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. (6) 8:20 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. This is an appeal for an interpretation, resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that aquacultural use falls within the purview of agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel 1000-69-04-23; also known as Lot #3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. This resolution was duly adopted. REAPPOINTMENT FOR Z.B.A. MEMBERSHIP term expiring April 1992 for the Chairman, Jerry Goehringer. The Board Members recommended that Jerry Goehringer be re-appointed for a new term as member of the Southold Town Board of Appeals. A letter or memorandum was authorized to be sent to the Town Board with this request for the April 1992 consideration. Page 32 - Minutes Regular Meeting of March 5, 1992 Southold Town Board of Appeals There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 10:10 p.m. Respectfully submitted, Linda Kowalski -~ ..,..~ // C~erk of the Board /Approved - Gerard P. ~hringer ~i Chairman~ AND FILED BY *}¢~ oOoil~OLD TOVqN CI.E~IK DATE ~ ~/~ HOUR ~ 1 D p~ ~. Town Clerk, Town of Southold