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HomeMy WebLinkAboutZBA-05/07/1992APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 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 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, MAY 7, 1992 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, MAY 7, 1992 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Robert A. Villa, Member Serge J. Doyen, Member Linda Kowalski, Board Assistant Absent was: Charles Grigonis, Jr., Member (i11). The Chairman opened the meeting at 7:30 p.m. INFORMAL APPEARANCE: PINDAR WINERY. (No application on file as this time). Dr. H. Damianos, owner of Pindar Winery appeared before the Board Members with Reed Jarvis, Pindar mainenance manager. A description of the 3200 sq. ft. gazebo-type structure was given by Dr. Damianos, and said he did not understand why a Special Exception would be needed from the Board of Appeals (which has original jurisdiction for such permits). (A verbatim portion of this part of the meeting was prepared from tape -- see other information from the verbatim transcript, if needed.) The discussion continued at some length -- and was again continued later at the end of the meeting, following the schedule of public hearings. See verbatim transcripts of statements made during the hearings, please see transcripts prepared under separate cover (a copy of which is attached for reference, as needed, for convenience purposes). PUBLIC HEARINGS: 1. 7:40 p.m. Appl. No. 4102 - ROBERT AND ELEONORE CAHILL. This is an Appeal of the April 22, 1992 Notice of Disapproval by the Building Inspector for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct Page 2 - Minutes Regular Meeting of May 7, 1992 Southold Town Board of Appeals PUBLIC HEARINGS, continued: deck addition with an insufficient front yard setback from the easterly property line (along Cedar Lane, a private road). Location of Property: 515 East Gillette Drive, East Marion; County Tax Map District 1000, Section 38, Block 4, Lot 12; also referred to as Lot 69 on the "Map of Marion Manor" filed with the Suffolk County Clerk as Map No. 2038. The subject premises is nonconforming as to lot area in this R-40 Zone District. Mr. and Mrs. Cahill were both present. {Motion was made by Mr. Goehringer, seconded by Mr. Villa, and duly carried, to conclude the oral portion of the record, pending receipt of the distance measured by Roderick VanTuyl, Land Surveyor, between the house and the actual property line. {See verbatim transcripts prepared under separate cover {a copy of which is attached for reference, as needed, for convenience purposes}. 2. 7:55 p.m. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. This is an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Aquaview Avenue, East Marion; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. Mr. and Mrs. Kostoulas were present at the hearing. {See verbatim transcripts prepared under separate cover (a copy of which is attached for reference, as needed, for convenience purposes)}. Motion was made by Mr. Goehringer, seconded by Mr. Doyen, and duly carried, to conclude the hearing record, (pending receipt of the Town Trustees action). 3. 8:00 p.m. Appl. No. 4103 - WARREN AND ELLEN HUFE (FUTURE SCREW MACHINE PRODUCTS, INC.). This is an Appeal for a Variance to the Zoning Ordinance, Article VIII, Section 100-82 (and Article XXIV, Section 100-242A) for permission to construct addition which will increase the degree of nonconformance in the northerly side yard setback. The setback from the northerly property line is less than the required 20 feet. Location of Property: 41155 C.R. 48 (and the westerly side of Kenny's Road), Southold; County Tax Map Parcel No. 1000-59-7-33. This property is nonconforming as to total lot area in this Limited- Business (LB) Zone District. Robert T. Bayley, A.I.A. Architect, was present at the hearing. {See verbatim transcripts prepared under separate cover (a copy of which is attached for reference, as needed, for convenience purposes)}. Motion was made by Mr. Goehringer, seconded by Mr. Doyen, and duly carried, to close (conclude) the record, pending deliberations. 4. 8:05 p.m. Appl. No. 4100 - THOMAS J. McCARThY (Contract Vendee) £Owners: Frank Majeski and Others,. This is an Appeal Page 3 - Minutes Regular Meeting of May 7, 1992 Southold Town Board of Appeals PUBLIC HEARINGS, continued: for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient lot area, width and depth of parcels proposed in this four-lot minor subdivision, each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk; Parcel ID No. 1000-117-7-8. This property is zoned R-40. Thomas J. McCarthy was present at the hearing. {See verbatim transcripts prepared under separate cover (a copy of which is attached for reference, as needed, for convenience purposes)}. Motion was made by Mr. Goehringer, seconded by Mr. Doyen, and duly carried, to recess the hearing, without a date for inspections of the interior of the buildings by Board Members (as arranged tenatively by the applicant for Saturday, May 16, 1992). 8:15 p.m. A recess was taken for approximately 10 minutes. 5. 8:27 p.m. Appl. No. 4037 - METRO/808 REALTY CORP. (Continued from the April 2, 1992 hearing). Variance to the Zoning Ordinance, Article IX, Section 100-92 and Article XXIV, Section 100-241A, as disapproved by the Building 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; County Parcel No. 1000-102-5-26. Allen M. Smith, Esq. was present at the hearing. {See verbatim transcript prepared under separate cover (a copy of which is attached for reference, as needed)}. Motion was made by Mr. Goehringer, seconded by Mr. Doyen, and duly carried, to close (conclude) the record, pending deliberations. 6. 8:30 p.m. Appl. No. 4080 - GEORGE AND SUE TSAVARIS. This is an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of location of accessory satellite (antenn&) dish structure with a setback at approxi- mately 36 feet from the bluff line. The requirement for all structures under Section 100-239.4 is 100 feet from the Long Island Sound bluff. Location of Property: 2170 The Strand Way, East Marion; Pebble Beach Farms Filed Map No. 6266, Lot 111; Parcel ID No. 1000-30-2-53. The applicants were both present at the hearing. Opposition from Dr. and Mrs. Kondak, the adjoining property owners immediately to the east, was received. {See verbatim transcript prepared under separate cover (a copy of which is attached for reference, as needed)}. Motion was made by Mr. Goehringer, seconded by Mr. Doyen, and duly carried, to close (conclude) the record, pending receipt of the information requested during the hearing {concerning Page 4 - Minutes Regular Meeting of May 7, 1992 Southold Town Board of Appeals PUBLIC HEARINGS, continued: alternative locations able to receive these channels, re-angling of the dish, etc.} 7. 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), at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 & 19. Charles R. Cuddy, Esq. appeared with the applicants. Opposition was received -- see verbatim transcript prepared under separate cover (a copy of which is attached for reference, as needed)}. Motion was made by Mr. Goehringer, seconded by Mr. Dinizio, and duly carried, to recess the hearing - without a date. The hearing will be re-advertised and was expected to be continued during the latter June (second monthly) hearings calendar. End of Hearings approximately 11:15 p.m. DELIBERATIONS and DECISIONS. (Continued on next page) Page 5 - Applo No. 4070 Ma~ter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 ACTION OF THE BOARD OF APPEALS Appl. No. 4070. Upon Application of DALCHET CORP., WILLIAM ORLOWSKI 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. requirement}, and/or: (b) Article X~III, 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. 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. This is an application concerning a 9.04-acre parcel of vacant land situated along the westerly side of Harbor Lane in the Hamlet of Cutchogue, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 97, Block 6, Lot 17 and Section 103, Block 1, Lot Nos. 20.5 and 20.6. 2. The subject 9.04 acre parcel is substantially located in the R-80 Zone District, with the exception of a 20,300+- sq. ft. area located in the R-40 Zone District. 3. For the record, the following is also noted: (a) November 25, 1991 - An application was submitted for consideration with maps as amended from the original plan page 6 - Appl. No. 4070 Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 prepared June 20, 1991 - the first3 ~evision dated October 23, 1991; (b) December 6, 1991 - coordination to Pla~ ~ing Board for comments on the current layout of the proposed subdivision; (c) December 9, 1991, the October 23, 1991 map was discussed before the Town Planning Board without resolution as to which layout would be most acceptable. (d) December 23, 1991 - receipt of Planning Board response to our coordination letter concerning the maps filed; P.B. correspondence was forwarded to the applicant's attorney indicating that the P.B. required a clustered layout of four lots to include Lot 91 of 54,000+- sq. ft., Lot 92 of 46,000+- sq. ft., Lot ~3 of 70,000+- sq. ft., and Lot #4 of 207,000+- sq. ft. and 15,500+- sq. ft. reserved for a 50-ft. future "tap road" to land of Pung to the west. (e) February 21, 1992 - five-lot cluster plan submitted by the applicant with basically the same concept as a four-lot layout, except that instead of a fourth parcel of 207,000+- sq. ft. as suggested by the Planning Board, two parcels are proposed: #4 of 83,000 sq. ft. and #5 of 124,000 sq. ft. A copy of this plan was then transmitted to the Planning Board for their update and review/comments. (f) March 6, 1992 - Planning Board Office response concerning the February 5, 1992 five-lot cluster layout indicating that the P.B. is not in favor of the plan since it includes a five-lot density instead of four-lot density, and did not show land for drainage purposes. (g) March 25, 1992 - P.B. received letter from Engineering Department (James Richter, R.A.) indicating that drainage rings could be installed in lieu of a recharge basin. (h) March 25, 1992 Z.B.A. hearing held and concluded, pending receipt of a final map showing building envelope for proposed Lot #3 and with the same lot-line concept as the first plan amended October 23, 1991 {instead of a cluster layout}. Final map was lastly dated April 3, 1992 and conformed to the ZBA's requirements. 4. The relief requested by the last map submission is for an area of 6,096 sq. ft. for proposed Lot 93, for a percentage of .0762 from the lot area requirement. The remaining four lots will conform with the lot size requirements of the zoning code. Page 7 - Appl. No. 4070 Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 5. It is the position of this Board that the uniformity in size rather than the suggested cluster layout is not unreasonable and is preferred in considering the nature of the surrounding areas. 6. In considering this application, the Board also finds and determines: (a) the relief as requested is not substantial in relation to the code requirements; (b) the practical difficulties claimed are sufficient to warrant a grant of this variance; (c) that the relief as granted will not alter the essential character of the neighborhood -- the property is surrounded on the east and to the north by nine parcels substantially smaller than that proposed by this application {ranging from 46,054 sq. ft. to as little as 12,768 sq. ft.} (d) the difficulties cannot be obviated by some method feasible to the appellants to pursue, other than a variance a cluster concept is not more practical under the present circumstances when considering the existing character of this residential community and the layout of this 9.04 acre tract of land; (e) that the properties along the easterly side of Harbor Lane to the east are located in different zone districts, i.e. R-40 and R-80. (f) that a denial of this variance would in turn require a very large over-sized parcel of more than 150,000+- sq. ft. in lot area at the southerly end - which will be an unreasonable burden to the landowner, and would create undersized parcels at the northerly end in an area where the 80,000 sq. ft. lots would provide a more open, rural environment land. (g) that the relief requested will not, in turn, be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (h) that the relief requested will not cause an adverse effect on available governmental facilities; (i) that the relief is the minimum necessary to afford relief; Page ~- Appl. No. 4070 Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 (j) 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 requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for proposed Lot #3 of 73,904 sq. ft. (or 58,400+- when excluding the possible future 50' x 310' "tap road" to land now of Pung), and frontage along the westerly side of Harbor Lane of 50.0 feet, all as more particularly shown on the sketch plan map prepared by Roderick VanTuyl, PoC. referred to as "Harbor Park Homes" (for Dalchet Corp.) lastly revised April 3, 1992. Vote of the Board: Ayes: Grigonis, Dinizio, and Villa. adopted. Messrs. Goehringer, Doyen, This resolution was duly lk GERARD P. GOEHRINGER, CHAIRMAN DELIBERATIONS and DECISION (continued on next page) Page APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 9 May 7, 1992 Reguta~ IH.~e~.ing BOARD OF APPEALS TOWN OF SOUTHOLD Deliberations/Decision Minutes continued SCOq~r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4088. Application of MARGARET F. WEIDMANN. Special Exception under the Zoning Ordinance, Article IIIA, Section 100-30A.2(B)(1) and Article III, Section 100-31B(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. WHEREAS, a public hearing was held on April 2, 1992, at which time those 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, the Board made the following Findings of Fact: 1. By this application, appellant requests a Special Exception to the Zoning Ordinance, Article III, Section 100-30, Subsection B{14} for permission to establish a new "Accessory Apartment" within the same footprint of the existing principal (dwelling) structure, as more particularly shown on the sketched plans submitted with the application. 2. The premises in question is located in the "R-40" Low-Density Residential Zone District and contains 18,50~ sq. ft., with frontage along the easterly side of Wells Road of 100.0 feet and along Richmond Creek of 110+- feet, all as shown by a survey submitted for consideration amended October 25, 1985 (originally surveyed May 3, 1968 by Otto VanTuyl, L.S.). 3. The subject premises is improved with a single-family dwelling structure with attached one-car garage. The setbacks of .the dwelling footprint scale out to be: (a) 42 ft. from the front ~roperty line, exclusive of stoop area; (b) 83+- feet from'the ordinary highwater mark along Richmond Creek; (c) the southerly and northerly sideyards at 19 feet and 17 feet, respectively, for a total of 36 feet for both side yards. Page 10- May 7 , 992 'Matter of M3~RG;~RET F. WEIDMAN Appl. No. 4088 - Special Exception 4. The area to be occupied as an "Accessory Apartment" is shown to be over the existing addition (which was constructed under Build!ng Permit No. 14653) at the northerly end of the - existing $~ ~cture. The applicant is requesting a livable floor area for thc proposed accessory apartment at 1010 sq. ft. The remaining floor area to be retained as the principal single-family residence of the owner will be approximately 1975 sq. ft. 5. Article III, Section 100-30(B) permits the establishment of such use, subject to conditions (a) through (p). It is noted for the record that the principal dwelling use (main structure and porch} was constructed under Building Permit No. 3884Z issued May 14, 1968 and has been issued a Certificate of Occupancy No. Z3166 dated August 14, 1968. Subsequently, a building permit and Certificate of Occupancy were issued in 1986 for a 552 sq. ft. addition. It is the position of the Board Members that the requirements have been met to show that a valid Certificate of Occupancy was issued prior to January 1, 1984 for a "single-family residence" (even though a portion of the accessory apartment will be over the 1986 footprint of the addition rather than entirely over the 1984 original footprint). 6. The zoning code also requires a total of four (4) parking spaces: two parking spaces for the one-family principal use and two parking spaces for the proposed Accessory Apartment. (An available one-car garage would be permitted as one parking space.) 7. In considering this Special Exception application: (a) the Board has given consideration, among other things, to subsections {a} through {p} as provided by Article XXVI, Section 100-264 of the Zoning Code; (b) the Board has determined that the use requested will not prevent the orderly and reas0nable use of adjacent properties or of properties in adjacent use districts; (c) the Board has determined that the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (d) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, that a Special Exception for an "Accessory Apartment" as provided in Article III, Section 100-31(B){14} of the Zoning Code, in the Matter of MARGARET F. WEIDMAN under Appl. No. 4088, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH SUBSECTIONS (a) through (p) thereof and as follows: Page I1- May 7,, 1992 Matter ~]~ MARGARET F. WEIDMAN Appl. No. 4088 Special Exception i. The size of the accessory apartment shall not exceed 40 percent of the livable floor area of the existing dwelling unit, (800 sq. ft. ) (According to the town's assessment records, the livable floor area of the existing dwelling is presently 2,000 sq. ft. 2. There shall be no outside stairwells (only interior stairs for entering or exiting the residence). 3. Building permit approvals are required before commencing construction or alteration activities. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Absent was: Member Grigonis {ill}. This resolution was duly adopted. lk PAge 12 - May 7, 1~92 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, .Ir. Robert A. Villa Telephone (516) 765-1809 Regular Meeting BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Minutes SCOWl' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4097: Matter of JO~N G. AND MARIE ELENA BRIM. Variances to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory 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 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 3o56+- acres in this R-120 Zone District. WHEREAS, a public hearing was held on April 2, 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, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the R-120 Zone District at the East End of Fishers Island, fronting along the north side of Private Road and frontage along Fishers Island Sound. 2.. The subject premises is improved with a 4700+- sq. ft. dwelling, accessory swimming pool, extensive garden and driveway areas', and accessory garage structures, all as shown on the site plan map prepared by Richard H. Strouse, L.E. for Chandler, Palmer & King, L.S. on January 31, 1992. The subject premises consists of a total lot area of 3.56+- acres (combined FIDCO lot numbers lA and lB). Page 13- Appl. No.~097 Decision Rendered May 7, 1992 Matter of JOHN AND ELENA BRIM 3. Submitted initially with the application for consideration is the proposed location of a 60' by 120' tennis court with a minimum distance: (a) from the easterly side lot line at 15 feet, (b) from the southerly front property line at not less than six (6') feet, and (c) from the wetlands as flagged by the D.E.C. at 43 (or 44') feet. The tennis court fence is proposed at a heiqht of ten feet from tennis court base at grade. 4. Subsequently, at the public hearing, the attorney for the applicant submitted an amended map (dated April 7, 1992) for consideration as the preferred alternative), re-positioning the tennis court closer to the east, with a minimum setback at the northeast corner of the tennis court at 2-1/2 feet instead of 15 feet (and at 20 feet instead of 35+- feet at the southeasterly corner of the tennis court). {See additional documentation submitted to support the amended application, including the affidavit of Oliver Cope (Architect) concerning existing 24" cherry trees and oak trees at the location of the proposed tennis court and ground elevations of the site.} 5. It is the position of this Board that the second alternative to position to tennis court at 2-1/2 feet from the property line at its closest point (at the northeast corner of the tennis court) and 22 feet from the nearest wetlands as flagged by the D.E.C. is substantial in relation to the requirements and is not the minimum necessary to afford relief under the circumstances. 6. Accordingly, it is the position of the Board that the initial site plan map revised February 21, 1992 positioning the tennis court at a distance 15 feet from the easterly property line and at 43 (44') from the nearest wetlands as flagged by the D.E.C. is not unreasonable in that: (a) the circumstances are uniquely related to the land and are not personal in nature to the landowner; (b) the relief is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood since it is not uncommon to loca~e accessory uses of this nature in areas other than the waterfront yard areas {which under our current zoning ordinance is defined as the rear yard area}; (d) the relief requested will not, in turn, be adverse to the safety, health, welfare, comfort, convenience, or Page 14 - Appl. No. 4097 Decision Rendered May 7, 1992 Matter of JOHN .AND ELENA BRIM order of the town, or be adverse to neighboring properties since the nearest neighboring residence is more than 500 feet distant; (e) the relief requested does not involve an increase of dwelling unit density and therefore will not cause an effect on available governmental facilities; (f) the property is unique in that there is limited "rear" yard area as defined in our zoning code due to the character of this waterfront community and the layout of the land and principal building. Accordingly, on motion by Mr. Doyen, seconded by Mr. Dinizio, it was RESOLVED, to GRANT permission in the Matter of the Application of JOHN ~dMARLA~.~-~AA. BRIM to locate a 60 ft. by 120 ft. tennis court with 10 ft. high fence around its perimeter as shown on the site plan amended February 21, 1992 prepared by Chandler, Palmer & King, L.S. and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no lighting which would be adverse to neighboring properties or traffic; 2. That screening to the edge of the easterly driveway area be planted and maintained along the easterly section of the proposed tennis court fence for a minimum height of six feet. Such screening shall be ivy or similar vines, or evergreens 6 to 8 ft. apart. (Alternative screening may be substituted by the ZBA Chairman, when requested in writing). 3. That the setbacks from the easterly property line shall not be less than 15 feet (as shown on the initial site plan) and not less than 40 to 43 feet to the nearest wetland edge {which is shown to be flagged by the DEC}. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Member Grigonis was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER,~.CHAIRMAN // Page 15 - Regular Meeting Minutes of May 7, 1992 PINDAR WINERY: Further discussion by Dr. Damianos and the Chairman concerning the need for a Special Exception. Re: Letter from Pindar Winery concerning proposed use of a proposed 86 ft. by 35 ft. wide open, roofed building for wine tastings, sittings, wine education groups, lectures, poetry readings.. Building will also in the future be proposed for harvest festivals and not-for-profit charitable fund raisers. Board to determine need, if any, for a Special Exception at this time, or later when festivals are proposed, for extension of use of this new building. (See verbatim transcript, a copy of which is attached for reference). It was noted that in the event a gazebo of this size is constructed as an accessory building, that further approvals (such as a Special Exception or Town Board permit) will become necessary in the event a wine festival, concert, or other public assembly activity is planned. Wine festivals, concerts, and similar events are uses which do not fall under the accessory use provisions of the code in this agricultural or residential zone districts. Dr. Damianos indicated that he is agreeable to obtaining whatever permits are necessary and said he needed an area for guests to sit and at the same time enjoy the scenic views of the vineyards. Dr. Damianos was also referred to the Town Clerk for a permit under the public assembly law and to the building inspector for other applicable regulations -- depending on the actual use of the building proposed at the time of the building permit application. The Chairman had no objection to an accessory building strictly used for accessory, private use purposes related to only Pindar Vineyards - the main use at the premises. A follow-up letter to Dr. Damianos was to be prepared and sent by the Chairman over the next day or so. CONFIRMATION OF HEARINGS TO BE ADVERTISED FOR THURSDAY, JUNE 4, 1992 (Other new applications are expected to be added within the next seven days): A. Appl. No. 4107 RENEE PELLETIER. Raised wooden walkway extending into the front yard at 550 Fasbender Avenue, Peconic. Page 16 - Agenda of May 7, 1992 Regular Meeting and Hearings Southold Town Board of Appeals Bo Appl. No. 4108 - DANIEL AND PAMELA TUTHILLo Bed and Breakfast at 32660 County Route 48, Peconic. C. Appl. No. 4109 - MARGARET LEAHY. Deck addition to existing front porch with reduced front yard setback at 1185 Wiggins Lane, East Marion. D. Appl. No. 4101 - LUCIEN ARCAS (JOHN ROWAN). Deck addition with an insufficient setback from the northerly property line at 435 Soundview Avenue Extension, Southold. E. Appl. NO. 4105 - JOHN J. FIORE. Variance to locate accessory swimmingpool and fence encosure in an area other than the required rear yard at 3100 Cedar Beach Road, Southold. F. Appl. No. 3975 - Final Hearing: ARTHUR CARLSON. (Interpretation requested concerning uses which may fall under agricultural provisions of the code as may relate to "aquaculture" or "seafood processing." Lower Road, Southold.) G. Appl. No. 4112 - HENRY AND BETT~ HINTZE. Deck addition less than 75 feet from bulkhead and small accessory shed in the front yard. ROW off Pipes Neck Road, Greenport. H. Appl. No. 4106 LAWRENCE P. extension within 75 feet of bulkhead, Mattituck. AND MARILYN HIGGINS. Deck at 830 Lupton Point Road, I. POSSIBLE ADD-ON: Appl. No. 4068 - ELEANOR SIEVEENICH. E/s Cox Neck Road, Mattituck; 1000-113-8-5. (Await confirmation from Anthony Salvatore, Attorney for the applicant.) OTHER COMMUNICATIONS/UPDATE: Letter from William Lindsay concerning use of auto parts business in an LB Zone District. Response necessary (drafted response attached for board members). Mr. Lindsay was referred to Zoning Board Chairman by Planning Board office. A response to Mr. Lindsay was attached to Board Member agendaes and making reference to the categories permitted in the Special Exception use for assembly and manufcture of classic cars, and the fact that the Limited Business zone district permits auto parts wholesaling and warehousing, as well as motorcycle shop repairs and services, and retail uses supplemental to the above services. An update is necessary concerning the site plan Page 17 - Agenda of May 7, 1992 Regular Meeting and Hearings Southold Town Board of Appeals status, as proposed, with Planning Board before a permit or occupancy is to be issued. Agenda Items to be continued at the May 18, 1992 Special Meeting due to the lateness of this meeting. The meeting adjourned at 11:45 p.m. Respectfully submitted, L~nda F. Kowalski 5/,~/~L /Gerard P. Goehri{~ger, ~~' ~ Approved - June3f, 1992