HomeMy WebLinkAboutZBA-03/25/1992APPEALS 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
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
WEDNESDAY, MARCH 25,
1992
7:15 p.m. Work Session of the Board to review applications on
file. No board action was taken during this time.
A Regular Meeting of the Southold Town Board of Appeals was
held at the Southold Town Hall, 53095 Main Road, Southold, ~New
York, on WEDNESDAY, MARCH 25, 1992 com~mencing a 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 50 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:
PUBLIC HEARINGS:
(1) 7:38 p.m. Appl. No. 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). An appearance and presentation was made by the
applicants' architect, Robert Bayley, A.I.A. (Please see
Page 2 - Minutes
Meeting of March 25, 1992
Southold Town Board of Appeals
transcript of hearing statements made, as prepared, verbatim
from tape recordings, attached for reference purposes.)
(2) 7:45 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. Appearances was made by the applicants. Please
see transcript of hearing record, verbatim from tape recording,
for statements made during the hearing.
(3) 7:50 p.m. Appl. No. 4092 - 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), 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.
Appearance and presentation made by J. Kevin McLaughlin,
attorney for the applicants, and the applicant-owner and
tenant. Please see transcript of hearing, prepared verbatim
from tape recording, for statements made during the hearing.
(4) 7:58 p.m. 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. Appearance and presentation made by J.
Page 3 - Minutes
Meeting of March 25, 1992
Southold Town Board of Appeals
Kevin McLaughlin, attorney for the applicants, and the
applicant-owner and tenant. Please see transcript of hearing,
prepared verbatim from tape recording, for statements made
during the hearing.
(5) 8:10 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.
Appearance and presentation made by Richard F. Lark, attorney
for the applicants, and the applicants. Please see transcript
of hearing, prepared verbatim from tape recording, for
statements made during the hearing.
(6) 9:00 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. This is an
appeal for an interpretation, resulting from the Octo-
ber 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. Appearances and
presentation made by William Goggins, attorney for the
applicant, and the applicant. Lengthy discussions, pro
and con, were submitted and made a part of the hearing record.
Please see transcript of hearing, prepared verbatim from tape
recording, for statements made during the hearing.
End of public hearings.
DELIBERATIONS/DECISIONS: (Agenda Item II(a and b).
Appl. No. 4071 - Joseph F. Barszczewski, Jr.
Appl. No. 4074 - AMAC, Inc. (Sukru Ilgin)
(Continued on following pages)
Page 4 - Appl. No. 4071
Decision Rendered March 25, 1992
Matter of JOSEPH F. BARSZCZEWSKI,
JR.
ACTION OF THE BOARD OF APPEALS
Appeal No. 4071:
Application made by JOSEPH F. BARSZCZEWSKI, JR. for
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. Application/owner is proposing
to locate a 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. 100-53-2.~9.
WHEREAS, after due notice, 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 application appealing the Building
Inspector's October 29,-1991 Notice of Disapproval concerning
insufficient setbacks and excessive lot coverage for a proposed
principal storage building on this unimproved parcel.
2. The premises in question is located in the Light-
Industrial (LI) Zone District and contains a total
(nonconforming) lot area of 9375 sq. ft.
3. The subject premises is a corner lot as defined by
Section 100-13 of the zoning code with frontage of 62.50 feet
along Kerwin Boulevard and 150.0 feet along the north side of
Lawrence Lane (a private, unimproved road).
Page 5- Appl. No. 4071
Matter of JOSEPH F. BARSZCZEWSKI
Decision Rendered March 25, 1992
4. Article XXIV, Section 100-244B of the zoning code
provides reduced minimal setbacks for a principal building on a
nonconforming lot of this size as follows: (a) front yard at 35
feet, or more; (b) side yard at 15 feet, or more; (c) rear
yard at 35 feet, or more. The lot coverage required is twenty
(20%) percent of the total lot area.
5. In this application, reduced setbacks are requested:
(a) from the northerly property line five feet; (b) from the
easterly property line at ten feet; (c) from the southerly
front property line at 7-1/2 feet. The lot coverage is 50 feet
by 75 feet for a total building area of 3750 sq. ft., or forty
(40%) percent.
6. The following factual data is also noted for the record
in considering this application:
(a) a preliminary site plan review is pending before
the $outhold Town Planning Board;
(b)
other parcels
District;
the parcel is surrounded on all boundaries by
also nonconforming as to lot size in the LI Zone
(c) a portion of the private road known as "Lawrence
Lane" is clear for emergency access, and the applicant has
assured the Board that he will increase the clearance between
the proposed building to and within Lawrence Lane as is
necessary for fire and other emergency vehicles;
(d) the Office of the Planning Board has agreed to
waive the necessary screening along the south side of the
building in order to allow sufficient access from Lawrence Lane
for fire and other emergency vehicles to the back of the
building;
(e) the proposed equipment and vehicular storage
building will be for the owner, not requiring active daily
parking for on-site customers since the intent is strictly for
storage and parking inside the building by the owner without
plumbing facilities {unless subsequent application is made to
the Health Department and Building Department for plumbing
facilities}.
7. In considering this application, the Board further
finds and determines:
(a) that this particular lot is a corner lot and even
with the relief granted the building will be further set back
Page 6 - Appl. No. 4071
Matter ~f JOSEPH F. BARSZCZEWSKI
Decision Rendered March 25, 1992
from the street line of the street than the rest of the
buildings;
(b) there are no easements across the back portion of
the premises and there are no buildings on nearby parcels which
are affected by the placement of the proposed storage building;
(c) in the event the requested setbacks were not
granted, the only alternative will be to reapply for front yard
variances {which would not be more reasonable under the
circumstances};
(d) the owner of contiguous property to the east has
confirmed in the record that the yard area immediately abutting
the applicant's property would remain as an open, unobstructed
area for the applicant's benefit as may be needed under the
circumstances {see hearing transcript of March 5, 1992}.
(e) the use proposed, for principal storage, will be
compatible with the overall plan and policy for development in
the Town and would not create conditions distinctly different
from those existing in the locality or essentially alter the
permitted uses in this district or of adjacent use districts;
(f) the safety, health, welfare, comfort, convenience and
order of the Town will not be adversely affected by the proposed
storage use;
(g) the difficulties claimed are uniquely related to the
land and are not due to the general conditions of the
neighborhood, are not personal to the landowner, and have not
been created by the landowner;
(h) there is no other method feasible for appellant to
pursue other than a variance due to the nonconformities of the
land;
(i) in light of all of the above, the interests of justice
will be served by granting the variances requested, reversing
the north and southerly yard setbacks from 5 feet and 7-1/2 feet
to 7-1/2 feet and 5 feet, respectively, and as conditionally
noted below.
ACCORDINGLY, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT relief in the Matter of the Application
of JOSEPH F. BARSZCZEWSKI, JR. under Appl. No. 4071, SUBJECT TO
THE FOLLOWING CONDITIONS:
Page 7 - Appl. No. 4071
Decision Rendered March 25, 1992
Matter of JOSEPH Fo BARSZCZEWSKI, JR.
1. The setback at the northerly property line shall be not
closer than 7-1/2 feet;
2. The setback at the easterly property line shall be not
closer than ten (10) feet, as applied;
3. There shall be a 10-ft. clearance in the southerly area
extending from the easterly side of Kerwin Boulevard for
emergency access by fire and other vehicles (a five ft.
clearance from the building and fiv~ ft. ~lear-ance within
Lawrence Lane, for a 10 ft. total clearance, is acceptable).
In the event of any shrubs close to the building at the
southerly side, the 10 ft. emergency access can be moved closer
towards Lawrence Lane (in the event some screening is mandated
by the Planning Board site plan regulations to prevent a
conflict).
Note: Any change of use to other than that permitted under the
Light-Industrial Zone District regulations may be subject to
further approvals or other requirements of the Town of Southold
or County of Suffolk.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Dinizio and Villa. This resolution was duly adopted.
Page 8 Appl. No. 4074
Meeting of March 25, 1992
Southold Town Board of Appeals
Appl. No. 4074.
Upon application of AMAC, INC. (Sukru Ilgin) for a Variance
to the Zoning Ordinance, Article X, Section 100-101B(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 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 Dstrict), NY; County Tax Map Parcel No.
1000-122-7-1.
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; 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 appeal, appellant requests a variance under the
Provisions of Article X, Section 101B(12) and Section 100-102,
Bulk, Area and Parking Schedules, for permission to convert a
portion of the existing principal building (presently three
service bays with an approximate floor area of 1160 sq. ft.)
from vehicle/engine repairs to convenience store use, limited
to on-premises sales of packaged food and nonfood items, without
on-premises food services, only as accessory use incidental to
and in conjunction with the existing gasoline sales/office use.
Page 9 Minutes
Meeting of March 25, 1992
Southold Town Board of Appeals
2. The premises in question is a described parcel of land
located in the "B" General Business Zone District containing a
total lot area of 11,984 sq. ft. and is triangular in shape with
frontage along three streets: the Main Road (State Route 25),
the old Main Road to the south, and Bray Avenue to the (south)
west at its intersection with the Main Road, in the Hamlet of
Mattituck, Town of Southold. This parcel is more particularly
identified on the Suffolk County Tax Maps as District 1000,
Section 122, Block 7, Lot 1.
3. The subject premises is improved with the following
structures: (a) two islands with full-service fuel-dispensing
pumps; (b) gasoline station office and service bays in the
principal building structure, all as shown on the survey
prepared February 13, 1987 by Peconic Surveyors and Engineers,
P.C. and shown on the site plan map prepared by Garrett Ao
Strang dated December 12, 1991 (Map SP-1).
shown to
six feet
point,
property
gasoline
blacktop
The location of the existing principal building is
be set back 42 feet from the easterly property line,
from the northerly property line at its closest
(c) approximately three feet from the southerly
line. To the west of the principal building are two
service islands, each with two service pumps, and
areas utilized for egress, ingress, and parking.
5. The size of the principal building is 27.6 ft. x 28.9
feet (1595 sq. ft. of floor area). The southerly portion of the
building is proposed for the "convenience store" sales and the
northerly portion of the building will remain as a business
office use related to the sales of the gasoline service.
6. For the record, it is noted that under previous Action
of this Board under Appl. No. 3618 rendered April 23, 1987, an
area variance was granted for similar relief, with a time
limitation of two years from the date of the variance. The time
limit for that area variance expired in April 1988 and no
building permits were obtained in reliance on this variance.
7. In considering this application, it is the
understanding of the Board Members that the items to be sold
will include small variety store items, such as packaged and
canned foods, magazines, refrigerated items, microwaved items,
and the like. Requests for clarification or interpretation
concerning the type of products to be sold shall be referred to
this Board if necessary.
8. The following information is also noted for the record:
Page 10 Minutes
Meeting of March 25, 1992
Southold Town Board of Appeals
(a) the premises has continuously for the past 22
years been used as an office for sales of gasoline and other
incidental merchandise, with small engine/vehicle repairs within
the enclosed service bay areas of the principal building, and
gasoline sales at the service pumps;
(b) the use as a convenience store is to be used
accessory and incidental to the gasoline-service station and not
as a separate principal use or business establishment;
(c) the existing vehicle lifts and (three) bay areas
will be eliminated and replaced with the accessory convenience
store use;
(d) the principal building will not be enlarged
without prior approval of the Board of Appeals by subsequent
application.
9. In considering this application, the Board also finds
and determines:
(a) the subject parcel is surrounded by other
properties to the north, west, east, and south of the Main Road
which are also located in the General Business "B" Zone District;
(b) the variance, as conditionally and alternatively
noted below, is the minimum necessary to afford relief;
(c) the accessory use as authorized will not alter
the essential character of the neighborhood or this zone
district;
(d) the difficulties claimed are uniquely related to
the land and building in question - the difficulties are not due
to the general conditions of the neighborhood, are not personal
to the landowner, and have not been created by the landowner;
(e) there is no other method feasible for appellant
to pursue other than a variance due to the nonconformities of
the land;
(f) the relief as conditionally and alternatively
granted will be compatible with the overall plan and policy for
development in the Town and would not create conditions
distinctly different from those existing in the locality or
essentially alter the character or reasonable permitted uses in
this district or of adjacent use districts;
Page 11 Minutes
Meeting of March 25, 1992
Southold Town Board of Appeals
{g) the safety, health, welfare, comfort, convenience
and order of the Town will not be adversely affected by the
proposed business alteration from aotomobile repair to sales of
small food and non-food products;
!h) that in light of all of the above, the interests
of justice will be served by granting the variances requested
and as conditionally noted below.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance for permission to convert the
existing service area within the existing principal building for
"convenience sales" SUBJECT TO THE FOLLOWING CONDITIONS:
1. Floor area of proposed convenience store area shall be
limited to a total of 600 sq. ft.;
2. Convenience store shall be accessory and incidental to
the gasoline service station use presently established, and not
as a separate principal business use;
3. There shall be only one entrance for the convenience
store area, that being located only at the east side of the
existing building;
4. There shall be no entrance way between the gasoline
sales area of the building to the convenience store area;
5. There shall be an entrance from the north side of the
property and an exit from the south side of the subject premises
onto the Old Main Road -- no exiting will be allowed onto the
Main Road at the easterly yard area;
6. This variance is temporary for a period of three (3)
years from the date of the filing of this decision with the
Southold Town Clerk, EXCEPT where a building permit has been
properly issued and construction commenced to convert this
building as proposed herein.
7. No 'food service or sales of prepared foods, no cold
cut-deli items, or other food services (except pre-packaged);
8. No expansion, further construction or other service
areas without a new application for consideration to both the
Page 12 Minutes
Meeting of March 25, 1992
Southold Town Board of Appeals
Planning Board and Zoning Board o~ Appeals, and any other
department or agency having jurisdiction thereo~.
9. Parking for the convenience store area shall be
provided at the easterly yard area with ingress (entrance) from
Route 25 and egress (exiting) onto the Old Main Road only.
10. No table service or seating for public use;
11. No cooking, except by portable microwave;
12. No drive-thru or (window) drive-in services (for
accessory convenience store);
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Dinizio and Villa. This resolution was duly adopted.
Page 13 - Minutes
Meeting of March 25, 1992
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
Appl. No. 4086.
Upon Application of HELEN AND ANTHONY COUTSOUROS. Request
for determination confirming or recognizing this 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, Hamlet and Town of Southold; County Tax Map Designation
1000-59-10-12. This parcel contains a total lot area of 20,000
sq. ft. and lot width of 100.0 feet.
WHEREAS, a public hearing was held on March 25, 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, applicant seeks a aeter.~tion for
approval or recognition of the subject lot, having a total
nonconforming lot area of 20,000 sq. ft. and nonconforming road
frontage of 100 feet along the westerly side of Tucker's Lane,
Hamlet and Town of Southold in this R-40 Zone District (which
requires a minimum lot area of 40,000 sq. ft. and lot width of
150 feet).
2. The premises in question is identified on the Suffolk
County Tax Maps as No. 1000-59-10-12, located opposite
Greenfields Lane (a private road) which intersects Tucker's Lane
to the east.
Page 14- Appl. No.
Decision Rendered March 25, 1992
Matter of HELEN AND ANTHONY COUTSOUROS
3. The record shows that the owners (Estate of John
Szawaluk and Dorothy Szawaluk) acquired the subject parcel on
July 30, 1960 from Clement W. Booth, Clement W. Booth Jr. and
Edward C. Booth by deed at Liber 4061 page 128. It is noted,
however, that the Clement W. Booth owned at least a one-half
interest in the subject parcel by deed dated December 19, 1942,
recorded at the County Clerk's Office January 7, 1948. (It
should also be noted that the subject parcel is presently under
a contract of sale between the owners and Helen and Anthony
Coutsouros dated Septe~oer 1991.)
4. For the record, a single-and-separate search has been
submitted and prepared by Security Title and Guaranty Company
under Title No. S1055298ss and reviewed certifying conveyances
of land to the north and southwest within this block (located
along the westerly side of Tucker's Lane ) and immediately
abutting this parcel.
5. The survey submitted under this application was
prepared by Roderick VanTuyl, P.C. for Helen Cotsouros dated
October 21, 1991.
6. The proposed footprint of a principal dwelling
structure has not been provided since it is the owner's
intentions to comply with all setback and lot coverage
regulations of the zoning code in effect at the time of
construction.
7. Article XXIV, Section 100-244B of the amended Zoning
Code, adopted January 10, 1989, provides that:
"A nonconforming lot separately owned
and ... not adjoining any lot or land
in the same ownership at any time
subsequent to (the effective date of
this Article) may be used, or a
building or structure may be erected on
such lot for use, in accordance with
all the other applicable provisions of
this chapter, provided that proof of
such separate ownership in the form of
an abstract of title showing the
changes of title to said lot ... and
shall contain a certification that no
contiguous property was owned by an
owner of the property involved since
the date of the previously applicable
Zoning Law... "
8. It has been determined that although the property was not
conveyed to the present owners until July 30, 1960, that:
~aue 15- Appl. No. ~.~6~
Decision Rendered March 25, 1992
Matter of HELEN AND ANTHONY COUTSOUROS
(a) sufficient proof has been demonstrated showing
conformance of the zoning regulations at the time of the 1960 and
earlier transfers;
(b) it is apparent that it was and always has been the
owners' intent to keep this parcel single and separate - the parcel
has been in single-and-separate ownership for more than 31 years;
(c) it is apparent that the parcel met the size
requirements of the zoning ordinance in July 1960, whidh size was
required to be a minimum of 12,500 sq. ft. per lot;
(d) has been noted historically in town records that
transfers of this type have been accepted for the purposes of
single-family dwelling use under the previous ordinances (prior to
September 1979) - except that the 12,500 size requirement was in
effect under the town ordinance from 1957 to November 1971, and there
was a minimum size requirement of 40,000 sq. ft. from November 1971
to May 1983.
9. In considering this application, the Board also finds and
determines:
(a) that this parcel is similar to those generally
existing in this residential area and there will be no substantial
change in the character of the neighborhood;
(b) that the difficulties cannot be obviated by some
method feasible for the appellants to pursue, other than this
application;
(c) that the grant of this application will not create
increased density;
(d) that the practical difficulties are uniquely related
to the property and are not personal, to the property owner;
(e) that it is the board members' belief that the property
was intended to be single and separate continuously for over 31 years
as shown in the record of title;
(f) 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. Dinizio, it was
RESOLVED, that the Application for HELEN AND ANTHONY COUTSOUROS
Page 16 - Minutes
Regular Meeting of March 25, 1992
Southold Town Board of Appeals
(COUTSOUROS decision, continued:)
under Appl. No. 4086, BE AND HEREBY IS APPROVED, AS APPLIED.
Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Goehringer,
Dinizio and Villa. This resolution was duly adopted.
APPROVAL OF MINUTES. On motion by Mr. Goehringer, seconded by
Mr. Villa, and duly carried, it was
RESOLVED, to approve the Minutes of the December 16, 1991
Meeting, as submitted.
This resolution was duly adopted.
RESOLUTION TO CALENDAR PUBLIC HEARINGS FOR APRIL 2, 1992:
On motion by Chairman Goehringer, seconded by Member Dinizio, it
was
RESOLVED, to authorize and direct that the following matters be
advertised in the official newspaper(s) of the Town, for the
following public hearings to be held on THURSDAY, APRIL 2, 1992:
1. 7:32 p.m. Appl. No. 4088 - MARGARET F. WEIDMANN. Special
Exception under the Zoning Ordinance, Article IIIA, Section
100-30A.2(B)(1) and Article III, Section 100-30B(14) for permission
to establish an "Accessory Apartment Use." Location of Property:
3245 (easterly side) Wells Road, Peconic, Town of Southold, NY;
County Tax Map Parcel No. 1000-86-2-7.
2. 7:35 p.m. Appl. No. 4089 - EVELYN P. TURCHIANO. Variance
to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for
permission to locate a new accessory garage building in the front
yard area. Location of Property: 450 (Westerly side) Deep Hole
Drive, Mattituck, Town of Southold, NY; County Tax Map Parcel No.
1000-115-12-5. This parcel is substandard in size and is located in
an R-40 Zone District.
3. 7:40 p.m. Appl. No. 4087 - BART AND CHriSTINE RUROEDE.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for
Page 17 - Minutes
Meeting of March 25, 1992
Southold Town Board of Appeals
approval of an open deck addition with an insufficient rear yard
setback at 450 Maple Lane, Lot No. 81, Map of Cleaves Point, Section
3, Greenport, Town of Southold; County Parcel No. 1000-35-5-6.
This parcel is substandard in size and is located in an R-40 Zone
District.
4. 7:45 p.m. Appl. No. 4085 - ANDREW AND ANN MONACO. Variance
to the Zoning Ordinance, Article XXIII, Section 100-239.4 for
permission to locate a new dwelling with a setback at less than the
required 100 feet from the top of the L.I. Sound bluff. Location of
Property: Corner of the northerly side Aquaview Avenue and easterly
side of Rocky Point Road, East Marion, Town of Southold; County
Parcel No. 1000-21-2-1. This parcel is substandard in size and is
located in an R-40 Zone.
5. 7:50 p.m. Appl. No. 4096 PAT AND ROSEANNE IAVARONE.
Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B
for permission to locate a deck addition with a setback at less than
75 feet from the bulkhead along Baldwin's (Mud) Creek. Location of
Property: 950 Strohson Road, Cutchogue, Town of Southold; County
Tax Map Parcel No. 1000-103-10-24. This parcel is substandard and is
located in the R-40 Zone District.
6. 7:55 p.m. Appl. No. 4095 - DENNIS DAVIS. Variance to the
Zoning Ordinance, Article III, Section 100-33 for permission to
locate a detached, accessory building in the front yard area.
Location of Property: 6010 Soundview Avenue, Southold, NY; County
Tax Map Parcel No. 1000-59-8-5.11.
7. 8:00 p.m. Appl. No. 4094 - ANITA MACRAE FEAGLES. Variance
to the Zoning Ordinance, Article III, Section 100-33 for permission
to construct detached, accessory garage building in the side yard
area. Location of Property: South Side of Oceanview Avenue and
North Side of Beach Avenue, Fishers Island, Town of Southold; County
Tax Map Parcel No. 1000-9-11-2.1.
8. 8:03 p.m. Appl. No. 4097 - JOHN G. AND MARIE ELENA BRIM.
Variances to the Zoning Ordinance, Article III, Section 100-33 for
permission to locate tennis court with steps and retaining wall in
the side yard and partly in the front yard, and having an
insufficient setback from the front property line and from the
freshwater wetlands, (which will include the removal of an existing
garage presently in the side yard). Location of Property: Northerly
side of Private Road off East End Avenue, Fishers Island, Town of
Southold; County Tax Map Parcel No. 1000-4-3-3; also referred to as
FIDCO Block 18, Lots lA and lB as combined, having a total land area
of 3.56+- acres in this R-120 Zone District.
9. 8:10 p.m. Appl. No. 4037 - METRO/808 REALTY CORP.
Variance to the Zoning Ordinance, Article IX, Section 100-92 and
Article XXIV, Section 100-241A, as disapproved by the Building
Page 18- Minutes
Regular Meeting of March 25, 1992
Southold Town Board of Appeals
Inspector, for approval of a permanent rooflike structure (canopy)
over gasoline pump island. The principal use, gasoline sales with
accessory office and necessary inside storage incidental thereto, is
nonconforming in this Hamlet Business (HB) Zone District. Location
of Property: Corner of the Northerly Side of Main Road (Route 25)
and the Westerly Side of Depot Lane, Cutchogue, Town of Southold;
County Tax Map Parcel No. 1000-102-5-26.
10. 9:00 p.m. Appl. No. 4091 EUGENE M. LACOLLA. Variance
to the Zoning Ordinance, Article III, Section 100-31 A & B,
requesting permission to change use of a portion of the subject
premises, from residential to non-residential. Location of
Property: North Side of Main Road (State Route 25), Greenport;
County Parcel Nos. 1000-56-4-24 & 19.
Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Dinizio,
Villa and Goehringer. This resolution was duly adopted.
UPDATE: Application of EUGENE M. LACOLLA. Board Members
indicated that SEQRA in this ma~ter should be held in abeyance until
such time as on-site inspections have been completed and a map
showing some contours be submitted. It was agreed that further
on-site inspections would be conducted by board members before the
April 2, 1992 hearing.
UPDATE: Application of GUS WADE. Correspondence was received
from Mr. Wade with concerns for timeliness of SEQRA and concerns
about possibly being charged for two town consultants, with two lead
agencies in this project. The Chairman distributed copies of
correspondence dated March 31, 1992 to the Town Trustees and dated
April 2, 1992 to the applicant, Gus Wade, for discussion. On motion
by Chairman Goehringer, seconded by Member Grigonis, and duly
carried, it was
RESOLVED, to authorize the contents of the two letters, dated
March 31, 1992 to the Town Trustees and dated April2 , 1992 to the
applicant, Gus Wade, in order to clarify concerns raised by
Mr. Wade and further updating the applicant under the SEQRA phases
pending, to send a reply to Mr. Wade advising him of the status of
the application and SEQRA. At this time, DEIS amendments are still
awaited as requested previously through Mr. Wade's consultant.) This
resolution was duly adopted. Member Villa abstained because he feels
that there may be a conflict with his approving the septic plans as
an engineer with the Suffolk County Health Department, as well as
knowing Mr. Wade over the past several years in projects with other
Towns.
Page 19 - Minutes
Regular Meeting of March 25, 1992
Southold Town Board of Appeals
EXECUTIVE SESSION: The Board discussed the recent Supreme Court
determination which upheld our decision in an Article 78 proceeding
filed by Jordan's Partners and Pantelis Papazoglou against the ZBA.
Although the Jude rendered his decision on June 20, 1991, it was not
issued in writing by the Court until this month (March 1992). A copy
was transmitted from the Town Attorney to our office on March 13,
1992, at which time copies were transmitted to all Board Members.
UPDATE: Appl. No. 4070 - DALCHET CORP. The Board Members
reviewed earlier correspondence from Richard F. Lark, attorney for
the applicant in which he was surprised "...to learn that the
Planning Board has attempted to influence the ZBA by indicating it
was not in favor of a five-lot subdivision and as a result of
communications between the PB and ZBA, he was informed the Planning
Board has requested a cluster development for this project. He
indicated that he has reviewed Article XVIII of the Zoning Code and
it is clear that this property does not meet requirements or purposes
for a cluster development as set forth in the code. Since the
Planning Board has expressed their displeasure toward this
subdivision, Mr. Lark feels that fair play demands to have a member
of the Planning Board present at the ZBA's hearing to present reasons
for their views. No one appeared at tonight's hearing in behalf of
the Planning Board (since receiving Mr. Lark's letter received March
16, 1992). Also, please see ZBA decision rendered May 7, 1992
concerning different options under this application.
There being no other business properly coming before the Board
at this time, the Chairman declared the meeting adjourned. The
meeting adjourned at 11:15 p.m.
Respectfully submitted,
Cler~ of the Board
RECEIVED A?, D .t, ILED BY
THE SOUTiiOLD ..... ~t~."~.,~ .... CI.~.~K
ov n C,,~rl ........,n c~ ~,u~ld