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HomeMy WebLinkAboutZBA-06/30/1992APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING TUESDAY, JUNE 30, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 A Regular Meeting was held by the Southold Town Board of Appeals on TUESDAY, JUNE 30, 1992 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Charles Grigonis, Jr., Member Serge Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Linda Kowalski, Board Clerk The Chairman opened the meeting at 7:30 p.m. and proceeded with the first items on the agenda, as follow: I. PUBLIC HEARINGS (Verbatim transcript of each hearing has been prepared under separate cover and is attached for reference concerning all statements or questions made during the hearings): PUBLIC HEARING: (Agenda Item gI-1). 7:30 p.m. Appl. NO. 4113 - REYNOLD BLUM (PECONIC BAY VINEYARDS, INC.) Request to remove Condition No. 1 under Special Exception No. 3346 rendered May 23, 1985 which reads "No sleeping or living quarters." A conversion is proposed on the second floor of the winery structure from office use to a residence in this Residential-Office (RO) Zone District. The previous zoning of this property was "A-80 Residential and Agricultural." Location of Property: 31320 Main Road, Cutchogue, NY; also referred to as Parcel 91 approved by the Planning Board 6/2/80; County Tax Map Parcel Designation 1000-103-01-part of 19.11. (No public opposition was submitted during the hearing.) The following action was taken: (continued on next page) Page 2 - Minutes of June 30, 1992 Board of Appeals Regular Meeting PUBLIC HEARING: (Agenda Item #I-2). 7:33 p.m. Appl. No. 4100 - Matter of the Application of THOMAS J. McCARTHY. (Reconvened from May 7, 1992).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, NY; County Tax Map Parcel No. 1000-117-7-8. This property is zoned R-40. (No public opposition was submitted during the hearing.) Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to declare the hearing concluded (closed), pending deliberations. PUBLIC HEARING (Agenda Item I-3). 7:40 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. (Await update concerning Town Trustees' Action.) Motion was made by Chairman Goehringer, seconded by Members Villa and Grigonis, and duly carried, to carry this hearing over to the latter August hearings calendar (expected on or about August 20th). (Agenda Item III-2). DELIBERATIONS/DECISION: Appl. No. 4104 deliberations. transacted: - ANTONIO VANGI. The Board Members commenced The following findings and determination was (continued on next page): Page 3 ~ Appl. No. 4104 Application of ANTONIO VANGI Decision Rendered June 30, 1992 Appeal No. 4104: Upon Application for ANTONIO VANGI. A variance is requested under Article XXIV, Section 100-244 and Article XXIII, Section 100-239.A for permission to construct addition to dwelling with reduced yard setbacks and within 100 feet from the top of the L.Io Sound bluff. This parcel contains a total lot area of 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: 1000-83-1-7. WHEREAS, after due notice, a public hearing was held on June 4, 1992, at which time all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and a~e familiar with the premises in question, its present zoning, the previous zoning determination rendered May 23, 1991 under Appl. No. 3988; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "Low-Density Residential R-40" Zone District and is referred to as District 1000, Section 83, Block 1, Lot 17, as a nonconforming, substandard lot of 25,500 sq. ft..and, lot width (frontage along the north side Glen Court) of 100 feet. 2. The subject premises is improved with a one and one-half story single-family dwelling structure set back at its closest point 35 feet from the front, southerly property line; 15.5 feet and 20.8 feet from the easterly side property line, 17 feet and 22.8 feet from the westerly side property line, and approximately 55 feet from the northerly rear property line. Page 4 - Appl. No. 4104 Application of ANTONIO VANGI Decision Rendered June 30, 1992 4. The setbacks requested in this variance application are 13.8 feet from the easterly side yard for total sideyards at 30.8 feet, a front yard setback at 29 feet, and a distance of not less than 80 feet to the top of the bluff (see sketch submitted May 21, 1992 with cover letter from Abigail A. Wickham, attorney for the applicants). 5. It is the board's majority opinion that this application is not reasonable and agree with the reasoning of the applicant, except that the side yard setback at not less than 14 feet, and front yard setback at not less than 30 feet, is the minimum necessary to afford the applicants relief. 6. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase the dwelling unit density; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance, as alternatively granted; (c) there will be no substantial change in the character of the immediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated reasonably with some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variances requested and as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Grigonis, it was RESOLVED, to GRANT ALTERNATIVE RELIEF with: (a) a setback from the easterly side property line at not less than fourteen (14) feet {instead of the requested 13.8 feet}; (b) ~ setback from the southerly front property line at not less than 30 feet (instead of the requested 29 feet); and (c) a one-story height limitation of the proposed garage addition, as proposed herein. Vote of the Board: Ayes: Grigonis, Dinizio and Villa. adopted. Messrs. Goehringer, Doyen, This resolution was duly Page 5 - Minutes June 30, 1992 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS (continued): (Agenda Item #I-4). 7:46 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. Mr. Andre Moraillon's letter dated June 28, 1992, received June 30, 1992 by mail, was confirmed to be made a part of this proceeding. William Goggins, Esq. of McNulty and Speiss appeared as attorney for the applicant with the Carlsons. (See verbatim transcript for statements.) After receiving statements, motion was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to conclude (close) the hearing until after Board Members have had to reinspect and observe conch processing (expected within the next few days). (Agenda Item #I-5). 7:58 p.m. PUBLIC HEARING: Appl. No. 4091 EUGENE M. LACOLLA 8:55-8:58 Temporary recess. Hearing continued. (Tonight's testimony is a continuation of the May 7, 1992 public hearing). This application is for a 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 appeared as attorney for the applicant. Testimony was received from Andrew D. Stype (licensed real estate broker), MaryAnn Feavel (licensed real estate broker), and Timothy Rumpf of Design Properties N.E. (Planning Consultant), and Mrs. Richards (adjoining property owner) in favor of the application, and from Mr. and Mrs. F.M. FLynn, Gayle Starkie of Tarpon Drive, Mr. Mitrani (adjoining property owner), Mr. Brittman, Mrs. Randy Wade of 6th Street, Greenport, against the application. (Please also see specifics Page 6 - Minutes June 30, 1992 Regular Meeting Southold Town Board of Appeals in the prepared transcript of verbatim transcript also made a part of the file.) At the end of receiving all individual statements, the hearing was recessed until the latter July meeting of the Board for a continuation. Motion confirming same was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried. 9:45 p.m. End of public hearings. ENVIRONMENTAL DECLARATIONS: After having submitted copies to the board members for review, the following declarations pertaining to two projects, as Unlisted Actions, were declared as prepared: Appl. No. 4113 - REYNOLD BLUM. Negative Declaration with reasons supporting determination therein. Appl. No. 4091 - EUGENE LACOLLA. Negative Declaration with reasons supporting determination therein. (Declarations attached - see next two pages). Southold Town Board of(Appeals - 7 June~O, ±992 Regular Meeting APPEALS 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 SEQRA UNLISTED ACTION DECIJkRATION Appeal No. 4113 Projeqt_ N.a~e_: ~ .Reynold Bl~n County Tax Map No. 1000- Location of Project: 31320 Main Rd., Cutchogue, NY 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 June 30, 1992 Relief Requested/Jurisdiction Before This Board in this Project: This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the NoY.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ff44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur sh0u]d the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~nents by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does eot directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further informdtion, please' contact the Office of the Board Appeals, Town Hail, Main Road, Southold, NY 11971 at (516) 765-1809. mc of June 3O, 1992 Regular Meeting Southold Town Board of Appeals - 8 617.21 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SEQR Project Number 4091 Date June 30 · 1992 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Sn,~ehol~ m~wn Board of Appeals . as lead agency. has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will notbe prepared. Name of Action: Eugene M. LaColla Appl. No. 4091 SEQR Status: Type [] Unlisted [~ Conditioned Negative Declaration: I'q Yes g~:No Description of Action' ReQuest for a "change of use" frc~ residential to non-residentiaL use, tb~t area des4'gna~ed~orthe sketch map, a portion of which is zoned M-II and the remaining acreage R-80 Residential. No construction is proposed at this time. Future activities will be only as permitted after review and issuance of approvals as deemed necessary at t_hat time by the permit agencies (of the Town, State and County), and as further noted herein. subject' 28~- acre parcel adjoins the following lands: (a) Hollister's Restaurant (b) Richards marine contracting & storage business (c) Mill Creek Liquors, Inc. (d) The Pottery Place, (e) the Long Island Railroad to the north and east, (f) the Main State Highway to the south. Location: North Side of Route 25, east of Mill Creek (at Arshamomoque) , near Greenport, Town of Southold, County of Suffolk. County Tax Map Designation 1000-56-4-19 & 24. Southold Town Board of Appeals SEQR Negative Declaration June 30, 1992 Regular Meeting Page 2 Reasons Supporting This Determination: (See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration) An Environmental Assessment Form (EAF) has b~en sut~itted and reviewed indicating that no significant adverse .environmental effects will occur. No building construction or site changes are proposed at this stage of the project and the application pending before the Board of Appeals in this "use variance" application is strictly for a detezTaination of a m~dification of use in this M-II/R-80 Mixed Zone District classification. The land area which has been designated for consideration in this proposed change or modification of use is ~pland area surrounding the existing adjacent cu~%~rcial buildings and has been designated at 100 feet to mitigate any possible affects to wetland grasses or drainage area. The sc?m~e footage of land to be affected by use or building areas in this modification request is less than 60,000 sq. ft. The r~m3ining 26 acres will re~{n as open, scenic easement areas. In the event a modification.of use is granted, all future land activity and proposed construction (building, well syst~ns, parking, leeching basins and other site plan considerations) will be subject to a fully detailed site plan and reviews by the Southold Town Plug Board, who shall also consider any new .develo[xaents under the SEQRA procedures pending at the time of the site plan application. This project will be required to conform to all applicable laws, rules and regulations pertaining to the use of this property, as well as obtaining approvals frcm the: (a) Planning Board, (b) Town Trustees, (c) County Hem]th Department, (d) NYS Depart- ment of Transportation concerning curb cuts, if appropriate. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. ( For Further Information: ' Contact Person: Address: Telephone Number: Gerard P. Goehringer, Chairman Southold Town ~all 53095 Main Road, Box 1179 Southold, NY 11971-1179 (516) 765-1809 For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12~33-0001 Appro~'iate Re§ional Office of the Department of Environmental Conserv_a_tio__n ....... 'Office of the Chief Executive Officer of the political subdivision in which the action will be principally located Applicant (if any) c/o Charles'R. Cuddy, Esq., Box 1547, Riverhead, NY 11901-1547 Other involved agencies (if any) ; Posted~on Town Clerk Bulletin Board ; to~¢~ files Page 10 - Minutes June 30, 1992 Regular Meeting Southold Town Board of Appeals (Agenda Item II-A). APPROVAL OF MINUTES. Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried to approve the following Minutes: May 18, 1992 Special Meeting May 8, 1992 Regular Meeting June 4, 1992 Regular Meeting. PENDING DELIBERATIONS/UPDATE: Appl. No. 4110 - THOMAS E. COFFIN. 1000-35-4-5. The Chairman asked the Board Members whether anyone had taken bulkhead setbacks measurements for the two neighboring lots. Since none was taken, Member Dinizio offered to do so and the Chairman accepted. Deliberations are expected for the next meeting of the Board. UPDATE/PENDING DELIBERATIONS: Appl. No. 3752 - VARUJAN ARSLANYAN. The Chairman and Board Clerk indicated that Mr. Arslanyan has requested that he be given an opportunity to be heard at an advertised public heraing -- even though he has not finished with the Southold Town Trustees under the Coastal Zone Management Law and its prohibitions against building near the bluff. Mr. Arslanyan feels that he has information to show possible vested rights under the first building permit issued in 1989 for the pool and the house. The Board agreed to conduct the first public hearing as requested for the next Board meeting. DELIBERATIONS/DECISIONS (Continued on following pages:) Page 11- Minutes of ~e 30, 1992 Board of Appeals RegUlar Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 4109: Application of MARGARET LEAHY. Appeal of the April 27, 1992 Notice of Disapproval issued by 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. WHEREAS, a public hearing was held on June 4, 1992 concerning the above application (filed on May 19, 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 property in question is situated along the northerly side of Wiggins Lane, situate approximately 215 feet west of its intersection with Maple Lane and more particularly designated as Lot No. 79 on the Map of "cleaves Point, Section III." The subject premises is also identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 5, Lot 8, and contains a total lot area of 12,500 sq. ft. 2. This parcel is improved with a 984 sq. ft. one-story frame house new one and one-half-story frame dwelling which is set back: (a) 17.6 ft. from the front property line along Fasbender Avenue, (b) 10 feet from the northerly property line, and (c) 17.5 feet from the westerly property line. 3. By this application, a variance is requested to permit a walkway extension from the existing front wooden step area Page 12 - Appl. No. 4109 Matter of MARGARET LEAHY Decision Rendered June 30, 1992 area by an additional eight feet in depth, for a total length of 16 feet. The setback of the proposed extension would be 24 feet, eight feet closer than the front open porch. 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. 5. In considering this application, Board Members have indicated that the eight ft. deep extension (for a total depth of 14 feet) with a setback at 24 feet is not the minimum necessary and an alternative is available under the circumstances for a greater setback distance. The percentage of relief requested in relation to the requirement of 35 feet is 32% of a variance. A setback reduction of this nature would set a new conformity and precedent for the remaining parcels on this block and such a reduction would substantially change the area and intent of the zoning restrictions at 35 feet. The open front porch as presently exists exceeds the requirements. 6. It is the opinion of the Board Members that a four-foot extension, for a length of 16 feet, with a setback at not less than 28 feet from the front property line is more feasible under the circumstances. e finds: In considering the alternative above noted, the Board (a) that the essential character of the neighborhood will not be affected; (b) that the relief as alternatively 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 as alternatively 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 alternative relief is the minimum necessary -- limited to an open, unroofed deck-type walkway which is not unreasonable when considering the nonconforming size and configuration of this parcel; (e) in considering all of the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below° Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to DENY the variance requested for a setback at 24 feet from the front property line; and BE IT Page 13 - Appl. No. 4109 Matter of MARGARET LEAHY Decision Rendered June 30, 1992 FURTHER RESOLVED, to GRANT alternative relief for an open 10' deep by 16' long open deck with a setback at not less than 28 feet from the front property line and conforming to all other yard requirements. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio. Nay: Member Villa (opposed to any variance to reduce the front yard beyond the existing step area since there are other alternatives for outdoor enjoyment, other than a variance, such as a ground level brick patio, or to locate this type of wooden deck construction in the side yard or rear yard areas.) Margin: 4 - 1. This resolution was duly adopted. lk GERARD P. GOEH~INGER, CHAIRMAN Page 14- Appl. No. 4106 Matter of LAWRENCE P. HIGGINS Decision Rendered June 30, 1992 ACTION OF THE BOARD Appl. No. 4106. Upon application of 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. WHEREAS, a public hearing was held on June 4, 1992, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present (R~40) zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4B for approval of a raised, open deck addition/extension at the rear (southerly end) of the existing deck area, all as shown on the May 7, 1992 survey prepared by Roderick VanTuyl, P.C. and as constructed without permits in the latter part of May 1992. The setback requested when using the scale shown on the survey map is 37 feet at its closest point to the bulkhead. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 16 and contains a total lot area of 19,550+- sq. ft. 3. The dwelling as exists presently has the following nonconformities: (a) sideyards at 4' at the easterly side, and total sideyards at 22+- feet; (b) a reduced setback from the Page 15 - Appl. No. 4106 Matter of LAWRENCE P. HIGGINS Decision Rendered June 30, 1992 bulkhead at approximately 45 feet to the previously existing deck. The original deck was the subject of a prior variance under Appeal No. 3397 rendered October 24, 1985. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. In considering this application, Board Members find: (a) the relief requested is not substantial in relation to the existing established nonconforming setbacks in the area of this shoreline; (b) the construction is for an open deck addition without a foundation or basement and without a screened or permanent-type enclosure - this type of construction is not major and will not affect the stability of the soils seaward of the house; (c) the relief requested will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have significant differences in topography, shape and character in relation to the creek shorelines; (d) the practical difficulties are uniquely related to the property and are not personal to the landowner; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; (f) in view of all the above, will be served by granting the relief as conditionally noted below. the interests of requested and justice Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appl. No. 4106 as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback from the bulkhead shall not be less than 37 feet at its closest point, as requested; Page 16- Appl. No. 4106 Matter of LAWRENCE P. HIGGINS Decision Rendered June 30, 1992 2. The open deck construction shall remain open and unroofed, and shall not be permitted to be enclosed in any manner; 3. The side railings shall not exceed a height of 42" from the deck floor (or the usual height requirements specified by the Building Inspector under the construction codes), whichever is the lesser height; 4. Proposed lighting must be shielded down toward the deck or ground area so as not to be adverse to surrounding properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. Nay: Member Villa (opposed to any reduction and objects to any construction without proper permits.) This resolution was duly adopted. lk GERARD P GOEHRI GE~, CHAIRMAN Pagel7 - Minutes of ~e 30, 1992 Board of Appeals RegUlar Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 4107: Application of RENEE PELLETIER. Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector fora 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. WHEREAS, a public hearing was held on June 4, 1992 concerning the above application (filed on May 18, 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 tes%imony 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 property in question is situated along the west side of Sound View Avenue, a private road shown on the Subdivision Map of "Bailey Park" (1932) near the Hamlet of Peconic, Town of Southold, known as referred to as Lots No. 1 5, inclusive on said map. The subject premises is also identified on the Suffolk County Tax Maps as District 1000, Section 67, Block 6, Lot 4, and contains a total lot area of 13,634 sq. ft. to 2. This parcel is improved with a new one and one-half-story frame dwelling which is set back: (a) 17.6.ft. from the front property line along Fasbender Avenue, (b) 10 feet from the northerly property line, and (c) 17.5 feet from the westerly property line. Page 18- Appl. No. 4107 Matter of RENE PELLETIER Decision Rendered June 30, 1992 3. By this application, a variance is requested to permit a walkway extension from the existing front wooden step area five feet in depth and approximately 24 feet in length, to the southerly (existing) wooden deck area. The setback proposed is shown to be 12.6 feet to the easterly (front) property line along Fasbender Avenue. 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. 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 minimal -- and limited to an open, unroofed deck-type walkway which is not unreasonable when considering the configuration, size and extensive street frontage of this parcel as well as its limited rear and front yard areas; (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. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT relief for a 23'10" wide raised wooden walkway, five feet in depth, as requested, extending from the front step area to the southerly existing deck area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unroofed at all times, as applied; 2. That the setback not be less than 12.6 ft. to the front property line (as requested). VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk GERARD P. GO~HRINGER~CHAIRMAN ?-&-?~-- Page 19- Minutes of ~u~e 30, 1992 Board of Appeals RegUlar Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4113. Upon Application of REYNOLD BLUM (PECONIC BAY VINEYARDS, INC.) Request to remove Condition No. 1 under Special Exception No. 3346 rendered May 23, L985 which reads "No sleeping or living quarters." A conversion is proposed on the second floor of the winery structure from office use to a residence in this · Residential-Office (RO) Zone District. The previous zoning of this property was "A-80 Residential and Agricultural." Location of Property: 31320 Main Road, Cutchogue, NY; also referred to as Parcel #1 approved by the Planning Board 6/2/80; County Tax Map Parcel Designation 1000-103-01-part of 19.11. WHEREAS, a public hearing was held on June 30, 1992, at which time all those who desired to be heard were heard and their.testimony recorded (see separate verbatim transcript of hearing); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicant requests removal of a condition imposed by the Board of Appeals on May 23, 1985 under the Special Exception permit issued for the establishment of a winery at the subject premises. 2. The premises in question i~ known and referred to as Lot #1 of the Subdivision approved by the Southold Town Planning Board on June 2, 1980, having a total area of 24.249 acres with frontage of 357.23 feet along the southerly side of the Main Road (Route 25) and 198.62 feet along the easterly side of Stillwater Avenue. This parcel is shown on the Suffolk County Tax Maps as District 1000, Section 102, Block 01, Lot 19.11. Page 2~ Appl. No. 4113 Application of REYNOLD BLUM Decision Rendered June 30, 1992 3. The subject premises is improved with a two-story winery structure presently set back at 165+- feet from the front property line (along the Main Road), and its principal use is winery as established under Special Exception permit #3346 approved May 23, 1985. The site plan for the winery was endorsed by the Planning Board Chairman on September 6, 1985, and that maps shows the land area to be 2.90 acres. 4. The land upon which this winery is located and upon which the second-floor, single-family dwelling unit is to be established is located in the Residential-Office (no) Zone District. The RO Zone requires a minimum land area of 40,000 sq. ft. each for single-family dwelling use and 40,000 sq. ft. of land area for non-residential use (ref. Bulk Schedules). There is no question that the total land area for the combined winery and single-residential unit meets the minimum lot area requirements for this newly established RO Zone. (Prior to January 10, 1989, the land was located in the "A-80" Residential Zone District, minimum land area of 80,000 sq. ft. per principal use.). 5. Specifically, for the record, Condition No. 1 of the Special Exception rendered May 23, 1985 states: "...No sleeping or living quarters in the winery structure or accessory buildings (except that one separate one-family dwelling may be permitted in compliance with all codes) .... " 6. In this area variance, the Board has Considered the following: (a) the character of the neighborhood will not be undesirably changed by the grant of this variance to remove this condition; (b) the parcel is ample for a winery use in conjunction with a residential unit without the necessity of substantial physical changes to the parcel or site plan layout; (c) there is no viable alternative for appellants to pursue, other than a variance; (d) the practical difficulties claimed are uniquely related to the property and have not been self-created by the owner; (e) the amount of relief requested is minimal under the circumstances; Page 21- A~D1. No. 4113 Application of REYNOLD BLUM Decision Rendered June 30, 1992 (e) there will be no substantial increase in population density or increased burden on public facilities by the grant of the relief requested; (f) the interests of the landowner is not outweighed when compared to the interests of the public welfare; the interests of justice will be served by the grant of the relief requested. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance to remove Condition No. 1 under Special Exception permit No. 3346 issued May 23, 1985, as requested for the establishment of a single-family dwelling unit in conjunction with principal winery use. Vote of the Board: Ayes: Messrs. Grigoni$, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk Page 22~ Minutes of ~.u~e 30, 1992 Board of Appeals RegUlar Meeting ~d~wI~' 6~ ~E BOARD OF APPEALS Appl. No. 4100. Upon Application of THOMAS J. MCCARTHY (Contract Vendee). Current Owners: Frank Majeski and others. This is an appeal for a Variance to the Zoning Ordinance, Article III-A, 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, NY; County Tax Map Parcel No. 1000-117-7-8. WHEREAS, public hearings were held on May 7, 1992 and June 30, 1992, at which time the applicant and persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present R-40 residential zoning, and the surrounding residential area; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application for variances under the Southold Town Zoning ordinance, Article IIIA, Section 100-30A.3 and Bulk Schedule as applies to the R-40 Low-Density Residential Zoning District. 2. The subject premises consists of a total lot area of 18,303.66 sq. ft. and is a corner lot as defined by Section 100-13 of the zoning code, with 84.98 ft. frontage along the north side of King Street and 109.80 ft. along the east side of Fourth Street, near the Hamlet of New Suffolk, Town of Southold. 3. The following historical information and facts concerning the buildings and land are noted for the record: P~ge23 - Appl. No. 4100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 (a) Section 100-32A, Bulk and Area Schedule R-40 Zone District, provides for a minimum lot area of sq. ft. per dwelling and 150 ft. lot width (frontage); of this 40,000 (b) according to town assessment and building department records, the premises has preexisted the enactment of zoning (April 1957) with four separate dwelling structures. Specific information concerning the sizes, location and setbacks of the dwellings has been furnished on the survey prepared by Joseph A. Ingegno dated February 28, 1992, further noted below: (1) House #305 - 837 sq. ft.; one-story height; full kitchen/housekeeping unit with permanent heating unit for yearround occupancy; (2) House #1270 - 900+ sq. ft. at ground floor; building is at two-story height; full kitchen/housekeeping with heat for yearround occupancy; (3) Cottage at the northeast section of the premises - 504 sq. ft. (14 x 36), exclusive of 270 sq. ft. of attached garage and attached shed; (4) Cottage at the southeast section of the premises - 384 sq. ft. (12 x 32) exclusive of enclosed 68 sq. ft. front porch; one-story height; front yard setback at 9.5 feet; without a heating system per building inspection report of August 28, 1990. (c) the survey p~epared February 28, 1992 by Joseph A. Ingegno shows separate cesspool systems for each dwelling structure as well as four separate well locations (approximate locations). (d) Certificate of Occupancy #Z-19433 for Preexisting Use and Buildings dated October 10, 1990 from the Town Building Inspector has been furnished for the record. 4. The relief sought by this application are variances for approval of Map/Plan 1, 2 or 3 (slightly different from each other). Plan 2 was chosen as the reference map. The details shown on Plan 2 are as follows: (a) Lot No. 1 - proposed total lot area of 4,113 sq. ft. located at the most southwest corner of the premises {containing House #305}; P~ge24 - Appi. No. 4100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 (b) Lot No. 2 - proposed total lot area of 5,239 sq. ft. located at the northwest corner of the premises {containing House #1270}; (c) Lot No. 3 - proposed total area of 5,700.86 sq. ft. located at the northeast corner of the premises {containing a cottage with nonconforming livable floor area; (d) Lot No. 4 - proposed total area of 3,250.77 sq. ft. located at the southeast corner of the premises; (e) proposed lot width {frontage} of 62.36 feet along Fourth Street of proposed Lot No. 1; (f) proposed lot width of 47.44 feet along Fourth Street of proposed Lot No. 2, Plan 2. (g) proposed lot width of 15.00 feet along King Street for proposed Lot No. 3 {shown as a flag lot}; (h) proposed lot width of 50.02 feet along King Street for proposed Lot No. 4. 5. The Board members have considered the standards set forth for "area variances" and find as follows: (a) UNIQUENESS - the applicant has established unique physicial conditions peculiar to and inherent in the subject lot compared to lots in the neighborhood. All remaining seven lots within this same residential block consist of land sizes ranging from 2850 sq. ft. to 7592 sq. ft. {i.e., parcels identified on the County Map as Lots 5, 6, 7, 9, 10, 11, 12}. Each footprint of building area on these t~acts range from 654 sq. ft. to 1642 sq. ft. The character of the area will clearly not be undesirably changed by the granting of this alternative variance. (b) PRACTICAL DIFFICULTIES the applicant has shown that he would not be able to reasonably use, or aesthetically improve the subject buildings under the zoning restrictions without many variances. Virtually, any attempt to make substantial aesthetic improvements to buildings, as exist, would come into conflict with the bulk schedule and provisions of the zoning ordinance as it relates to one nonconforming lot with multiple dwelling use nonconformities. The dwelling uses are allowed in this R-40 zone district, whether it be by a legal, preexisting nature, or by placement of lot lines for separate ownership. The Board Members are not concerned with ownership of the houses -- however, it should be noted that conveyance of at least three of the existing houses for single and separate ownership on three separate lots would not be a disadvantage P~ge 25- Appi. No. 4100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 under these circumstances, and would provide opportunities for affordable homes to three single families in the Town. (c) VALID PUBLIC PURPOSE - While it is true the percentage of relief in relation to the zoning requirements is substantial, the percentage of relief in relation to the existing nonconformities is not. Strict application of the zoning ordinance will not, in the Board's opinion, outweigh injury to the applicant and justice will be served by allowing a variance, for alternative relief and the minimum necessary to relieve the hardship. (d) OTHER FACTORS - The difficulty alleged was not self-created and the difficulty claimed may not be avoided by means other than a variance. 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 alternative relief, as conditionally noted below, and will at' the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. (e) DENIAL OF FOURTH SUBSTANDARD LOT - It is the position of the Board that the fourth unit is ~converted garage," more or less. The building is more of a garage type structure than a dwelling when viewing the structural parts and utility system. Permanent heat is questionnable. According to the inspection report of the building department, the building contains no heating system. The entire building is not more than 384 sq. ft., which is probably nothing more than a bathroom and living room. The "converted garage" is less than half the size requirements of the zoning code (850 sq. ft. minimum is required for dwelling occupancy}. Should this building be attempted to be brought into conformity with other state fire and construction codes, as well as the zoning size requirements, congestion would be created. The property will, in effect, be over-utilized with a fourth lot and the immediate neighborhood would be adversely affected. (f) NO PRECEDENT - it is the position of the Board that an alternative lot line layout for a maximum of three, instead of four lots as requested, would be more reasonable. A three-lot layout would not set a precedent since the lots would be of a size and shape similar to those generally existing in this immediate neighborhood. The applicant has been advised by Member Villa that the County Health Department may require a relocation of the cesspool and well systems in this subdivision project. The Town has no control over the rules and regulations of the Suffolk County Health Department. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was P~ge 26- Appl. No. 4100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 RESOLVED, to DENY the relief as requested for four substandard lots as shown on Survey Plans 1, 2 and 3, prepared by Joseph A. Ingegno dated February 28, 1992, and BE IT FURTHER RESOLVED, to GRANT alternative relief approving a reduced lot area, width and depth, for THREE PARCELS, SUBJECT TO THE FOLLOWING CONDITIONS AND NOTED AS FOLLOWS: 1. Parcel One, House ~305 (Proposed Lot #1 as shown on Plan ~2) - the southerly front property line commencing from the easterly line of Fourth Street shall be extended to the east 20 feet (84.98 + 15.00 + 5.0 feet) for a total length of 105 feet; the northerly property line shall also be extended, on an angle; this would permit an increase of between 900 and 700+- sq. ft. over the requested 4113.01 sq. ft., more or less; 2. Parcel Two, House #1270 (Proposed Lot #2 as shown on Plan ~2) - the southerly side property line of this proposed lot, commencng from the easterly line of Fourth Street shall be extended to the east by an additional 3+- feet for a total length of 103+- feet (instead of 100.27 feet on a tie line); the lot area would be approximately 5,340 sq. ft.; 3. Parcel Three (combined old proposed Lots #3 and a portion of #4) - the lot width along King Street} shall be 45+- feet; the width at the rear of the premises 50.02 feet as shown; the lot depth 145+- feet; total lot area 6,975+- sq. ft. 4. The north-south lot division line separating Lot 3, from Lots 2 & 1, shall start at a point along King Street 45 feet from the most southeast concrete monument shown on the survey map and shall extend in a northerly direction approximately 110 feet to intersect with the nearest property line at the northerly perimeter of the property {see 90-degree corner angle opposite the "concrete slab" shown on Plan B attached for reference use, if needed}. 5. A final map shall be prepared by the applicant for filing and acceptance with this Department. 6. Applications will be filed, processed and finalized with all other appropriate agencies of the Town and County before separating proposed Lots #1, #2, and #3. 7. Only one single-family dwelling use shall be permitted for each of the three lots. Therefore, it will be necessary and a requirement of this determination is the front building on the proposed alternative Lot #3 which consists of approximately 384 sq. ft. (depth 32.3 feet and variable width 11.3 to 12.3 feet) shall be removed. Compliance with this condition must be confirmed within six (6) months after final approval of all Town Page 27 - Appl. No. 4100 Application of THOMAS J. McCARTHY Decision Rendered June 30, 1992 and County Agencies, or within six (6) months of ~ransfer of title to the applicant herein. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and villa. This resolution was duly adopted. SEQRA Coordination Letter received from Planning Board - RE: ANNA K. PLOCK: Pending minor subdivision at Bayview, Southold, of 21.7903 acres into four building lots, and 12.6 reserve area to be conveyed to the Peconic Land Trust. Type I Action was taken. Comments to be submitted by July 23, 1992. Copies have been distributed with map to ZBA Members. HEARINGS FOR NEXT REGULAR MEETING: On motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried, it was RESOLVED, to authorize and direct that the following matters be advertised for public hearings to be held on WEDNESDAY, JULY 29, 1992 by the Southold Town Board of Appeals at the Southold Town Hall, 53095 Main Road, Southold, New York: 7:32 p.m. Appl. No. 4118 - GLADYS J. MILNE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Property: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. 7:40 p.m. Appl. No. 4023 - CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a Page 28- Minutes Regular Meeting of June 30, 1993 Southold Town Board of Appeals variance from the height restriction. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 7:50 p.m. Appl. No. 4022SE - CELLULAR TELEPHONE CO. d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8:00 p.m. Appl. No. 4116 - LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:15 p.m. Appl. No. 4117SE - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-131B, as referenced from Article XIV, Section 100-141B for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). Page 29 - Minutes Regular Meeting of June 30. ;003 Southold Town Board of Appeals 8:30 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). 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 used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prev. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31A and B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: 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 and 19. 9:00 p.m. Appl. No. 4072 - Appl. No. 4072 - VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building Inspector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; County Tax Map Parcel No. 1000-52-1-8. UPDATE - BEACHCOMBER MOTEL - (Pending SEQRA with Planning Board and site plan reviews). The following update was confirmed by both the Chairman after speaking with Henry Raynor over the weekend, and with the Board Clerk after contacting Henry Raynor by telephone: 1) Mr. Raynor stated that he has met at least six different times with Planning Board staff personnel, and he is filing whatever else is necessary for the P.B. to determine a complete site plan application. Ms. Scopaz (Sr. Planner) was going to send another letter to correct or supersede her previous letter of June 11, 1992. Mr. Raynor indicated he is Page 30_ Minutes Regular Meeting of June 30, 1993 Southold Town Board of Appeals waiting some direction concerning the Planning Board reviews at this time; 2) Mr. Raynor says he is expecting the N.Y.S.D.E.C. application to be finalized soon and that he has amended the maps to show a setback at 100 feet from the top of the bluff -- therefore it may be non-jurisdictional; 3) Mr. Raynor says he is expecteding the Town Trustee ' Office to give a non-jurisdictional letter for construction 100 feet or more from the top of the bluff (although nothing has been received in writing); 4) Mr. Raynor says the Health Department application is pending -- they are working on a plan to locate systems for 80 motel units; 5) When preliminary location of health dept. systems are determined, Mr. Raynor said he will file with the Planning Board and show amended site plan maps with: a) b) c) ownership; d) location of septic systems amended location of motels Lot B and Lot C are expected to remain in separate SEQRA information for lead agency by Planning Board. 6) When maps are amended by applicant and updated conference with the Planning Board Members has been held, either at a Board Meeting or in the Scoping Session, it is expected that a Special Exception by the. Owners of Lots B and C will be filed with the ZBA (at some time during or in the end of the SEQRA process would be expected - depending on the outcome of SEQRA. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Linda Kowalski · ~I~ED _~,.iqD FILED Board Clerk-Secr~r~f~UI~[~LL TC~Vi~ C~K Town Clcri:. Tcv;'n of Soutlfold