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HomeMy WebLinkAboutZBA-05/18/1992 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringcr, Chairman Charles Grigonis, .ir. Serge Doyen, .Ir. James Dinizio, .Ir. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING MONDAY, MAY 18, 1992 SCOTI~L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 A Special Meeting was held by the Southold Town Board of Appeals on MONDAY, MAY 18, 1992, commencing at 7:15 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Member Charles Grigonis, Jr. Member James Dinizio, Jr., Member Robert A. Villa, Member Linda Kowalski, Board Assistant. (The following transactions are continued from the May 7, 1992 Agenda.) A. Appl. No. 4093SE - WILLIAM AND RICHARD GOODALE. (Verbatim portion of record was concluded on March 25, 1992). The Chairman asked whether the Board Members would be in agreement to reopen the hearing and extend time before making a determination. The time period is 60 days from the closing of the hearing to make a determination, and the time would expire on or about May 24, 1992. The Board Members did not agree to reopening the hearing since they are ready to make a determination, and indicated that it is not procedurally proper and it is not a normal policy to extend time to an applicant once deliberations has commenced. Any action taken would be without prejudice to the re-filing once the necessary proof and/or the new-car sales licensing documentation has been made available, for consideration at a public hearing, and deliberations. DELIBERATIONS and DECISIONS: (Continued on next page) Page 2 - Minutes of May 18, 1992 Decision - William and Richard Goodale Appl. No. 4093 - Special Exception ACTION OF THE BOARD Appl. No. 4093. Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of use vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. 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. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). WHEREAS, after due notice, a public hearing was held on March 25, 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 concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 2. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the Page 3 - Appl. No. 4093SE Matter of william and Richard Goodale Minutes of May 18, 1992 Special Meeting parcel is 402+- feet. This parcel is improved with-two principal structures, each containing a nonconforming single-family residential use, which structures were built prior to April 23, 1957 and are shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. This is a variance application appealing the MARCH 2, 1992 Building Inspector's Notice of Disapproval concerning the lot area requirement for a proposed third principal use. The third use proposed will require a Special Exception from this Board, which is pending at this time under Application Nua%ber 4093, for: (a) proposed outside sales, storage, parking and display of used cars and other used vehicles; (b) proposed sales, leasing, and business office uses, to be located as a secondary principal use in the front building, in addition to the existing principal residential use of this building and existing principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. (the second floor only of the front building). 4. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy #Z10885 dated March 1, 1982 relates to two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy #Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal Page 4- Appl. N~ 4093-SE (Goodale) Decision Rendered~ay 18, 1992 building, without physical enlargement of the principal structure and without expansion of any nonconforming living areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Later, in 1991, a third new principal use was added, without town approvals, for used-car sales and leasing. (e) On October 31, 1991, an application for a Special Exception was applied for under Appl. No. 4066 requesting a permit to sale, store, display and park used cars and used vehicles. That Special Exception permit was denied on Decem- ber 16, 1991 for several reasons {please see specifics of determination filed with the Town Clerk on January 9, 1992}. At this time, area variances were necessary for this new use on this parcel. Also, it should be noted that proposed used car sales and leasing establishments are permitted only as an accessory use to a new car sales establishment or dealership -- which proof was not substantiated in the record. {Approvals are also necessary by the Town Planning Board under the site plan regulations of the zoning code, as well as the Town Building Department, and other County and State governing agencies.} 5. The provisions of the zoning code under which this application has been made is Article X, Section 100-10lB(12) which reads as follows: .... 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: ... (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and '~age 5 - Appl. No~ 093-SE (Goodale) Decision Rendered~lay 18, 1992 trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats conducted only as accessory to vehicles or boats. shall be the sale of new (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or fla~mable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet fro any street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. (h) No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home... 6. Section 100-101C, subsections (1-4) of the General "B" Business zoning regulations provide for specific uses which are Page 6 - Minutes of May 18, 1992 Matter of william and Richard Goodale Appl. No. 4093 Special Exception also permitted -- only as accessory uses and subject to site plan review. The used car sales and leasing and principal sales office use are uses addressed in the Zoning Code as accessory uses to a new car sales establishment or dealership. These uses are not permitted, of course, as an accessory to any residence or other principal uses. 7. At this point in time, the applicant/owner and/or tenant has not obtained an amended license by the State of New York or any other licensing or permit agencies to establish a new car establishment or dealership under the facility name "Mattituck Auto Center" or Richard W. Goodale. This documentation is necessary. The only documentation submitted is an (unreceipted) copy of an application to be filed for an amendment to the "used car sales license." Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Villa and Grigonis, it was RESOLVED, that the Special Exception be and hereby is DENIED for the above-stated reasons, without prejudice (to reapply by July 31, 1992). In the event an application is being re-filed for a Special Exception, the application must be filed by the owner and/or authorized tenant, or a person or corporation having a direct interest in the property. In order to comply with Condition No. 4 of the area variance for alternative relief under Appl. No. 4092, the application for a Special Exception permit must be filed, together with appropriate licensing documentation, not later than July 31, 1992 (which is "...120 days from the area variance determination"). Vote of the Board: Dinizio and Goehringer. margin). Ayes: Messrs. Villa, Doyen, Grigonis, This resolution was duly adopted (5 0 Page 7 - Minutes Special Meeting of May 18, 1992 Southold Town Board of Appeals DELIBERATIONS/DECISIONS, continued: 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 noncon- forming as to total lot area in this R-40 Zone District. On May 7, 1992, the Board acted to close the public hearing pending receipt of the Town Trustees action in this CEA (Critical Environmental Area) and a determination by the Trustees under the SEQRA regulations. As of today, the Town Trustees have advised that it may be requesting engineering documentation concerning the stability of the bluff and no action on the permit process is expected for some time. The Board agreed to reopen the hearing for further questionning and submission of documentation as may be required by the Town Trustees in the pending joint applications. The percentage of relief requested by this application is 100%, and whether or not the deck construction will aid or detriment the bluff has not been ascertained at this time. Motion was made by Mr. Goehringer, seconded by Mr. Villa, and unanimously carried, to re-advertise this application for a public hearing to be continued at the June 4, 1992 Regular Meeting. Vote: Ayes: All. This resolution was duly adopted. DELIBERATIONS/DECISION: Appl. No. 4037 - METRO/808 REALTY CORP. Canopy in the front yard. (Continued on next page). Page 8 - Minutes of May 18, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 1992 Special Meeting BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD 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 Appl. No. 4037: Application of METRO/808 REALTY CORP. Variance to the Zoning Ordinance, Article XXIV, Section 100-241A and Article IX, Section 100-92, 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, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. WHEREAS, public hearings were held on April 2, 1992 and May 7, 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 Merabers have personally viewed and are familiar with the premises in question as well as the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant has requested approval of a 40 ft. wide by 25 ft. deep permanent canopy with built-in lighting and fire suppression system, and renovated gasoline island of a size 28 ft. by 4 ft., at a total height of 18 feet. This canopy structure is located in the southerly front yard area and is more particularly shown on the June 14, 1991 survey map prepared by Pat T. Seccafico, L.S. 2. The premises in question is nonconforming as to lot area of 17,933 sq. ft; the principal use of this site as a gasoline sales station is also nonconforming in this Hamlet Business (HB) Zone District. 3. The principal building as exists is shown to be 41.8 feet from the southerly (front) property line, 57 feet from the Page 9- Appl. No. 4037 Matter of METRO/808 REALTY CORP. Decision Rendered May 18, 1992 easterly (front) property line, 17.9 feet from the northerly (side) property line; and 60 feet from the westerly (rear) property line, each at the closest points from the building. The layout of the principal building is more particularly shown on Sheet 2 of 4 on the site plan prepared by Kevin H. Bryant, P.E. as revised October 18, 1991, and the use of the premises as a gasoline service station was acknowledged by Preexisting Certificate of Occupancy No. Z-18515 dated November 1, 1989. 4. For record purposes, the setbacks for the subject canopy are noted as follows: (a) from the southerly front property line at 2.5 feet and 3.0 feet at its closest points; (b) from the westerly property line at 46.5 feet; (c) from the northerly property line at 84 feet; (d) from the easterly property line at its closest point, 68 feet. (e) no request has been made in this application for a change, modification, or alteration concerning the nonconforming principal building or a nonconforming use. 5. Article XXIV, Sections 100-241 and 100-243 of the Zoning Code provide that a nonconforming building or building with a nonconforming use: ...Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel ..o nor shall any external evidence of such use be increased by any means whatsoever, there be no enlargement of a nonconforming building with a conforming use (or nonconforming use) may not be increased as to the degree of nonconformance... (and) C. Shall not be changed back to a less-restrictive use if changed to a more-restrictive nonconforming use. 6. In considering this application, the Board agrees with the reasoning of the applicant and its agents and find that although the canopy structure is an expansion in the front yard area for the sales of gasoline (a nonconforming use), the canopy is not a physical obstruction to vehicles entering or leaving the premises. A fire suppression system is built-into the canopy structure, as well as limited lighting which will aid the Page l0 - Appl. No. 4037 Matter of METRO/808 REALTY CORP. Decision Rendered May 18, 1992 traveling public as well as the gasoline attendants during adverse weather conditions. Drainage areas will be installed to collect stormwater runoff from the canopy. 7. It has been noted that the life of this system would be 20-25 years, depending on certain conditions or unexpected weathering affects. It should be noted that although the canopy is in existence at this time, that a review will be required to readdress proposed safety, environmental, lighting, noise and other considerations in the future, when a similar structure is proposed to be built to replace the present structure. 8. It is the position of this Board that in considering this application that: (a) there is no alternative feasible for appellant to pursue other than a variance; (b) the relief, as requested, is the minimum necessary and is not substantial in relation to the existing conditions at the site and those generally existing in the neighborhood; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief, as requested and further noted below. NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT approval of the construction of a canopy with fire suppression system as shown on the plans prepared by Kevin H. Bryant, P.E. revised 2/27/92 and on the survey prepared by Pat T. Seccafico, L.S. dated June 14, 1991, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Any future replacement, modification, alteration, expansion or other type of alteration, or relocation of this canopy structure will require a ZBA application for consideration prior to the issuance of a building permit. Page 11 - Appl. No. 4037 Matter of METRO/808 REALTY CORP. Minutes of the May 18, 1992 Special Meeting 2. There be no change in the present location. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. This resolution was duly adopted. Doyen, ACTION OF THE BOARD OF APPEALS Appeal No. 4102: Application for ROBERT AND ELEONORE CAHILL. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct 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. WHEREAS, a public hearing was held on May 7, 1992, con- cerning the above application (filed on April 27, 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, the current R-40 Zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question has frontage along two streets or roads known as Gillette Drive and Cedar Lane in the Hamlet of East Marion, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 38, Block 4, Lot 12; 2. The subject premises contains a total lot area of 11,330+- sq. ft. and is shown on the "Map of Marion Manor" filed in the Suffolk County Clerk's Office as Map No. 2038 as Lot No. 69. This parcel is improved with a split-level frame house having a front yard set back approximately 28 ft. from the front step area, 35 feet from the easterly front property line, 35.5 feet from the southerly side property line, and 34+- feet from the northerly side property line. Page 12 - Appl. No. 4102 Matter of ROBERT & ELEONORE CAHILL Decision Rendered May 18, 1992 3. By this application, a variance is requested to permit a 14 ft. by 30 ft. open deck with a setback at approximately 20 feet (not less than 19.5 feet inclusive of railings and step area). 4. Article III-A, Section 100-30A.3 (and Article XXIV, Section 100-244B) requires minimum front yard setbacks for nonconforming lots at 35 feet. There is automatic relief for nonconforming lots of a size less than 20,000 sq. ft. in this section for side yards with a reduction of 10 feet, however, there was no relief provided for front or rear yards or relief for lots having two front yards. 5. In considering this application, the Board finds: (a) that the relief requested, and as conditionally noted below, will not be adverse to the essential character of the neighborhood; (b) that the relief granted will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the relief granted will not create a substantial increase in dwelling use density, or cause a substantial effect on available governmental facilities; (d) that the amount of relief from the requirements is limited to an open, unroofed deck - which is not unreasonable when considering the size of this parcel; (e) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for a ~ ft. by 14 deck addition, plus step areas, as requested, SUBJECT TO THE FOLLOWING CONDI- TIONS: 1. That the deck remain open and unroofed at all times, as applied; 2. That the setback not be less than 20 ft. to the rear property line; Page 13 - Appl. No. 4102 Matter of ROBERT & ELEONORE CAHILL (continued) Minutes of Special Meeting held May 18, 1992 3. That there be no overhead lighting. Ground lighting will be permitted without glare or disturbance onto other properties. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. ACTION OF THE BOARD Appl. No. 4103. Application of FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) 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. 49 (and the westerly side of Kenny's Road, Southold, NY; 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. WHEREAS, a public hearing was held on May 7, 1992 concerning this application filed on April 27, 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 most north (easterly) corner of the existing "1 & 2 story frame & Concrete block machine shop" building. The addition is proposed to be 343 sq. ft. with an extension of 10 ft. past the building into the easterly front yard area. The northerly yard setback is proposed to be maintained at not less than 11.1 feet at its closest point. For reference is a photocopy of a sketched map prepared by Robert Bayley, A.I.A. 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 is also nonconforming in the northerly rear yard (on this corner lot) with a setback of 11.1 feet and the front yard setback from County Road 48 is shown to be 18.4 feet at its closest point. Page 14 - Appl. No. 4103 Decision Rendered May 1~ 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 noted, however, that the metal truck trailer shown on the February 5, 1992 survey prepared by Joseph A. Ingegno will be eliminated, being replaced by the subject addition (and only in the location more particularly described in paragraph 1 above (shown on the sketch map). 4. This addition is to be used for the present machine shop use purposes, and not as a separate use. 5. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the land and buildings and are not personal in nature; (b) the relief is not substantial in relation to the requirements; (c) the relief as granted will not cause a substantial increase in use density and will used strictly for the principal use existing at the premises; (d) the relief requested is not unreasonable due to the uniqueness of the property - a corner lot of a substandard size; (e) there is no alternative for appellants to pursue other than a variance {which would be necessary for either an addition or an accessory building}; (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. Accel lingly, on motion by Mr. Doyen, seconded by Messrs. Grigonis and Villa, it was RESOLVED, to GRANT a variance for the proposed (342+- sq. ft.) addition at the northeasterly corner of the existing building, maintaining the existing nonconforming setback from the northerly property line at not less than 11.1 feet at its closest points, as applied under Appl. No. 4103, in the Matter of FUTURE SCREW MACHINE PRODUCTS, INC. (MR. AND M_RS. WAIAREN HUFE, JR.). Vote o£ the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. Page 15 - Minutes of May 18, 1992 RESOLUTION TO SET HEARINGS FOR JUNE 4, 1992 CALENDAR AND TO AUTHORIZE ADVERTISEMENT: Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to authorize advertising in the official newspaper of the Town, to wit: L.I. Traveler-Watchman Inc., of the following applications/public hearings for THURSDAY, JUNE 4, 1992 at a Regular Meeting of this Board, at the Town Hall, 53095 Main Road, Southold, NY: 1. 7:30 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots ~1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. 2. 7:35 p.m. Applo No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. 3. 7:40 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now or formerly of LUCIEN ARCAS). This is an Appeal under Article XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly property line. This parcel has a nonconforming lot area of Page 16 - Minutes Special Meeting of May 18, 1992 Southold Town Board of Appeals 33,637 sq. ft. in 435 Soundview Avenue No. 1000-50-2-16. this R-40 Zone District. Location of Property: Extension, Southold, NY; County Tax Map Parcel 5. 7:50 p.m. Appl. No. 4111 JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate accessory tennis court partly in the front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III, Section 100-33, and Article XXIII, Section 100-239.4. Location of Property: Northerly Side of Private Road (extending off East End Avenue), Fishers Island, NY; FIDCO Block 18, Combined Lots lA and lB, having a total land area of 3.56+- acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105 JOHN J. FIORE. A variance is requested under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112 HENRY AND BETTY HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. 8. 8:10 p.m. Appl. No. 4106 - LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Article XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104 - ANTONIO VANGI. A variance is requested under Article >XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels contains a total lot area of Page 17 - Minutes Special Meeting of May 18, 1992 Southold Town Board of Appeals 25,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: 1000-83-1-17. 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11. 8:25 p.m. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning 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, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992). 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 the aquacultural use falls within the purview of the 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 No. 1000-69-5-13.2; also known as Lot ~3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. Paqe 18 Minutes of May 18, 1992 Special Meeting There being no other transactions properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 8:20 p.m. Respectfully submitted, Linda F. Kowalski ' -~-~ Gerard P. Goehri'nger, Chairman Approved - June $~ , 1992 Ye>w!: ': - .~ , i