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HomeMy WebLinkAboutZBA-03/18/1993APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REG"JLAR MEETING THURSDAY, MARCH 18, 1993 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 7:00 p.m. Work Session (Reviews of pending applications). No action was taken. A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, MARCH 18, 1993 commencing at 7:30 p.m. at the $outhold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Linda Kowalski, Board Assistant and Clerk I. PUBLIC HEARINGS: 7:40 p.m. Appl. No. 4158 - STEVE DONADIC for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct dining room addition with a reduced side yard setback at less than the required ten (10) feet. Location of Property: 200 Willow Point Road, at Arshamomaque, Southold, NY; Willow Point Subdivision Lot No. 28; County Tax Map Parcel ID No. 1000-56-5-32. (See verbatim transcript for statements made during the hearing.) At the end of the hearing, a resolution was adopted closing the hearing, pending deliberations. 7:46 p.m. Appl. No. 4149 - Application of DEPOT ENTERPRISES, INC. for a Variance to the Zoning Ordinance, Article VII, Section 100-71C (which refers to 100-31C-4, 100-33) of the residential accessory use provisions), for permission to establish and locate accessory outdoor recreational area with Page 2 - Minutes Southold Town Board of Appeals Regular Meeting of March 18, 1993 outdoor lighting incidental to the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+- acres. (See verbatim transcript for statements made during the hearing.) The hearing was continued until the Board's next regular meeting of April 22, 1993 in order to receive additional site plan information (concerning setbacks, etc.). 7:55 p.m. Appl. No. 4078 - JOHN PHILLIPIDES & OTHERS ~Owners) by THEODORE PETIKAS (Contract Vendee) for Variances to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to locate new dwelling structure with side yards at less than the required 10 ft. and less than the required total sideyards at 25 feet. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-1-27. This parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at 11,000+- sq. ft. (See verbatim transcript for statements made during the hearing.) The hearing was concluded, pending receipt of an update with the Town Trustees' Office concerning this new, revised plan (and the setback distances for the neighboring dwelling to the west ~equested by Member Villa.) 8:08 p.m. Appl. No. 4143 - Application of GEORGE AND ANGELIKI SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241(G) for permission to reinstate gasoline sales which is nonconforming in the current zone district, R-40 Low-Residential. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 21,525+- sq. ft. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 34, Block 3, Lot 22, and is referred to as 330 Main Street, Greenport, NY. (See verbatim transcript of statements made during the hearing.) The hearing was concluded pending receipt of a copy of the case law at 133 A.D. 281, 518 NYS 2nd 427. Several persons appeared in favor of improvement of the site. Charles Cuddy appeared as attorney for the applicants. 8:45 End of hearings. 8:45 p.m. Immediately following the Spanos hearing, Mr. Cuddy asked if he could appear briefly before the Board to present proposals of the owner, Cofam Realty for a new fast-food restaurant at the former McDonald's site, which the owner now Page 3 - Minutes Southold Town Board of Appeals Regular Meeting of March 18, 1993 proposes for Burger King), at Main Road, Mattituck in the B-Business Zone District. One of the plans to be considered was for a reduced setback from 140 feet to 100 feet. Mr. Cuddy was advised that the roadway access areas should be widened to 30 feet (instead of 24 feet in width). The Chairman confirmed that a letter would be sent with the outcome of the review within a few days after considering the requested setback reduction. DELIBERATIONS/DECISION: Appl. No. 4150 - Application of ROBERT AND ANNA FINORA for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: {1} proposed addition at the west side of existing dwelling with a reduction in the side yard; {2} proposed addition at the east side of existing dwelling with a reduction in the front yard. This property is a corner lot as defined by Section 100-13, is nonconforming as to total lot area, lot width, and principal setbacks in this R-40 Zone District. Property Location: 795 East Legion Avenue and bounded on the east side by Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 32; also shown on the Subdivision Map of Harry DePetris as Lot 914. (Continued on next page) Page 4 - Minutes Southold Town Board of Appeals Regular Meeting of March 18, 1993 ACTION OF THE BOARD OF APPEALS Appeal No. 4150: Application of ROBERT AND ANNA FINORA for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: {1} proposed addition at the west side of existing dwelling with a reduction in the side yard; {2} proposed addition at the east side of existing dwelling with a reduction in the front yard. This property is a corner lot as defined by Section 100-13, is nonconforming as to total lot area, lot width, and principal setbacks in this R-40 Zone District. Property Location: 795 East Legion Avenue and bounded on the east side by Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 32; also-shown on the Subdivision Map of Harry DePetris as Lot #14. WHEREAS, a public hearing was held on February 23, 1993 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); 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 present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: '(a) is a.parcel of land containing a nonconforming lot area of 10,841 square feet, and situate along the northerly side of East Legion Road and the westerly side of North Riley Avenue, Mattituck, Town of Southold; (b) is presently improved with a single-family dwelling structure situated 30 feet from the front property line, 11'10" from the westerly side property line, 13'5" from the easterly (front) property line along N. Riley Avenue. A survey prepared January 26, 1993 shows a small 7' x 9' porch at Page 5 - Minutes Southold Town Board of Appeals Regular M6eting of March 18, 1993 the northeasterly corner of this dwelling, leaving a reduced setback in the easterly (front) yard at approximately five feet (at its closest point). (c) is located in the R-40 Zone District as adopted in the Master Plan revisions dated January 10, 1989. 2. By this application, appellants have requested permission to construct an addition at each the easterly front yard with a setback at eight (8') feet and the westerly side yard with a setback at 4'6". This new proposal would increase the setback from North Riley Avenue, but reduce the setback from the westerly property line (near adjoining hedge area). The dwelling as exists was built prior to 1963. 3. Today's setback requirement, under Article XXIV, Section 100-244B requires a minimum front yard setback at 35 feet, or the establishedaverage within 300 feet on the same block, same side of the street, and the minimum side yard setback at 10 feet. 4. The amount of relief requested by this application is a reduction in the westerly side yard to five feet, and a request to extend a nonconforming setback from the porch to a length of 24 feet (= 31 feet total less 7 feet for existing porch). 5. In considering this application, the Board finds: (a) that the width of the lot along East Legion Avenue is 52.89 feet which lends to the difficulties in building a family-sized residence; (b) that the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (c) that the construction under consideration will not cause or create an increase in any dwelling unit density pertaining to this property or cause a substantial effect on available governmental facilities; (d) that there is no other alternative feasible for appellants to pursue; (e) that the benefit to the applicant will not be detrimental or cause any adverse effects to the health, safety and welfare of the community; Page 6 - Minutes Southold Town Board of Appeals Regular Meeting of March 18, 1993 (f) that in considering all of the above factors, the interests of justice will be served by granting the relief requested and as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Chairman Goehringer, it was RESOLVED, to GRANT ALTERNATIVE RELIEF for approval of the requested additions with setbacks at eight feet from the westerly side property line and at eight feet from. the easterly front property line (along North Riley Avenue), maintaining the established 30 ft. front yard setback along East Legion Avenue. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa,and Wilton. This resolution was duly adopted. lk Page 7 Minutes Southold Town Board of Appeals Regular Meeting of March 18, 1993 FINDINGS AND DETERMINATION Upon Application of STEVE DONADIC for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct dining room addition with a reduced side yard setback at less than the required ten (10) feet. Location of Property: 200 ~illow Point Road, at Arshamomaque, Southold, NY; Willow Point Subdivision Lot No. 28; County Tax Map Parcel ID No. 1000-56-5-32. WHEREAS, after due notice, a public hearing was held on March 18, 1993, and all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; 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 56, Block 5, Lot 32. 2. The subject lot is nonconforming as to total lot area at 26,260+- square feet and lot width at 99.73 feet (along Willow Point Road), the lot's area, width and depth do confo£~ to the provisions of Section 100-244B for substandard lots (legally preexisting prior to the enactment of one-acre zoning in 1971 and two-acre zoning in 1983). This lot is known as Lot No. 28 on the Map of Willow Point, which subdivision was Town approved and filed with the Suffolk County Clerk's Office in June 1966. 3. The subject premises is presently improved with a single-family dwelling, as more particularly shown on survey dated October 26, 1978 prepared by Young & Young, and separate sketch prepared by the applicant-owners. '~ut~old T_ow~ B~ard ~olfs~ppeals ~age o - App£. mo. Matter of STEVE and MARICA DONADIC Decision Rendered March 18, 1993 4. The side yard distances between the foundation of the dwelling as exist are shown at 13.9 feet at its closest point to the westerly side property line.and at 19.1 feet at its closest point to the easterly side property line. The distance between the existing greenhouse addition to the easterlY property line is shown to be 13'6" (=19.1 less 5.6 feet). 5. Article IIIA, Section 100-30A of the current zoning code (as amended January 10, 1989) provides for minimum side yards at 15 and 20 feet, inclusive of automatic relief provided by Article XXIV, Section 100-244 pertaining to nonconforming lots having less than 40,000 sq. ft. of land area and greater than 20,000 sq. ft. This property contains 26,260+- sq. ft. of land area and due to its property size does not qualify for a reduction under.Section 100-244 for 10 and 15 ft. side yards. 6. In this application, a variance is requested for a · proposed dining room addition at the east side of the dwelling with a setback at 3-1/2 to 4 feet from the side property line which will include removal of the existing greenhouse addition. 7. For the record, it is noted that: (a) the buildings and structures presently conform in. all respects to Article XXIV, Section 100-244B of the Zoning Code and Article XXIII, Section 100-230A, except that the existing total of both side yards with the greenhouse addition does not meet the 35 ft. requirement (total: 15 & 20); (b) the proposed 14 ft. extension leaving a 3-1/2 ft. setback into the side yard is substantial in relation to the requirement and would set a precedent for the neighborhood; (c) the relief requested is not the minimum necessary; (d) the difficulty claimed is self-created; (e) there is an alternative feasible for appellant with a greater setback (lesser variance relief), which is noted below. 8. In considering this application, the Board also finds ~and determines: (a) the relief as alternatively granted will not in turn increase dwelling unit density, since only one principal dwelling use will continue as exists; (b) inspection of the site and neighborhood and review of the record find that the practical difficulties claimed, are sufficient to warrant a grant of limited alternative relief; (c) there will be no substantial change in the character of the immediate neighborhood or detriment to adjoining properties; (d) that in P~ge 9 - Appl. No. 4158 Matter of STEVE and MARICA DONADIC Decision Rendered March 18, 1993 Southold Town Board of Appeals view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by denying the relief requested, and granting. alternative relief, as noted below. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, to DENY the relief requested, and BE IT FURTHER RESOLVE. R, to GRANT ALTERNATIVE RELIEF for a reduction in easterly side yard from 15 to not less than eight (8) feet, including all overhangs), and for a total of both side yards from the required 35 feet to a total of 21.9 feet. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Wilton. Nay: Member Villa. This resolution was ~duly adopted (4-1). Page 10 - Appl. No. 4151 - Edward F. Rodenbach, as Trustee Decision Ren.dered March 18, 1993 Southold Town Board of Appeals Application No. 4151. ACTION OF THE BOARD OF APPEALS Application of EDWARD F. RODENBACH, as Trustee, requestinga Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate a proposed new dwelling within a building envelope area having a reduced rear yard setback at not less than 20 feet and conforming side yards and front yard setbacks, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this evening, for an exchange of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+- sq. ft. Property Location: North Side of Avenue B, Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-6 and part of 5. Each lot as exists.is shown to be substandard in lot area and is located in the R-80 Zone District. WHEREAS, a public hearing was held on February 23, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting approval of a reduced rear yard setback for the location of a new single-family dwelling structure which will replace and be in lieu of the two cottage structures presently at the site. The rear yard setback requested is 20 feet from the northerly (rear) property line. 2. This parcel is nonconforming as to lot area of 28,957+- square feet (and was the subject of an appeal under ZBA Appl. No. 4145 rendered this date for a reduction of the adjoining Page 11 Minutes Appl. No. 4151 - Edward F. Rodenbach, as Trustee Decision Rendered March 18, 1993 Southold Town Board of Appeals northerly, nonconforming parcel by 8505 sq. ft. to be added to the subject parcel). 3. This property is identified on the Suffolk County Tax Maps as District 1000, Section 6, Block 2, Lot 6 and part of 5, and has frontage (access) along Avenue "B" to the south. This parcel is improved with the following structures as shown on the December 21, 1991 survey prepared by Chandler, Palmer & King: a) single]story, one-family cottage structure in very POOr condition and situated on or near the rear property line at the northwest corner of the premises; b) single-story, one-family dwelling situated near the center of the premises; c) small 7' x 12' accessory shed (storage building) located in the rear yard at the extreme northeast corner of the premises. 4. Under consideration in this request is the removal of the existing cottage and dwelling structures and location of an entirely new dwelling structure centered on the parcel and complying with all front and side yard setback requirements, with the exception of a proposed rear yard setback at 20 feet from the (new) rear property line. (The new rear property line is to be that lot line between the northerly parcel (Lot 5) and the subject parcel (Lot 6) requested by the applicant in his pending lot-line change application before the Southold Town Planning Board.) This setback variance is made as a secondary request to the lot area reduction of the northerly parcel. 5. Presently nonconforming at the premises are: (a) the rear yard and side yard setbacks of the westerly cottage structure (to be removed); (b) the rear yard of the main house (to be removed). 6. In considering this application, the Board also finds and determines: a) there is no detriment to the health, safety, or welfare of the community, and the benefit to applicant is greater; b) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; ''Page 12 Appl. No. 4151 - Edward F. Rodenbach, as Trustee Decision Rendered March 18, 1993 Southold Town Board of Appeals c) the grant of this variance is strictly for a 20 ft. rear yard setback of a proposed new dwelling, after the removal of the existing cottage and main house; and this variance will not cause a substantial effect on available governmental facilities; d) there is no other alternative feasible for appellants to pursue; e) the relief requested will not adversely impact the essential character of the neighborhood; f) the relief requested is not substantial in relation to the present rear yard setback; in fact, the new rear yard setback at 20 feet will be greater than the existing nonconforming rear yard setback; g) in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Member Doyen, seconded by Member Dinizio, it was RESOLVED, to APPROVE a rear yard setback at 20 feet for a new single-family dwelling structure after the removal of the existing cottage and main house on this property, PROVIDED: A) no new construction for this dwelling shall co~L,~,ence until the existing cottage (presently in poor condition) and main house have both been removed from the premises; B) there be no increase in dwelling unit density to more than one dwelling, as proposed and requested by the owner in this application. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN Page 13 - Minutes Appl. No. 4145 - Rodenbach/McGeeney Decision Rendered March 18, 1993 Southold Town Board of Appeals Application No. 4145. ACTION OF THE BOARD OF APPEALS Application of JOHN S. McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the-lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to be substandard in lot area and is located in the R-80 Zone District. WHEREAS, a public hearing was held on January 14, 1993 and February 23, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting approval in the reduction of the lot area of a presently nonconforming, substandard lot from 70,322 (65,966 & 4,356+-) square feet to 61,817 square feet, inclusive of the small strip of land located along the beach area (Lot Ref. #13). 2. The amount of land area to be deeded from Lot 5 to Lot No. 6 is 8,505 square feet, which will increase the lot area of Lot 6 to 28,957 square feet. 3. The lots above-referenced are identified on the Suffolk County Tax Maps as District 1000, Section 6, Block 2, Lots 5, 6, and 13. Lot Reference Nos. 5/13 are shown along Crescent Avenue, and Lot Ref. No. 6 fronts along Avenue B. Page 14 Appl. No. 4145 - Rodenbach/McGeeney Decision Rendered March 18, 1993 Southold Town Board of Appeals 4. Lot Nos. 5 and 13 (northerly lot) are combined as one parcel, and the following structures are shown to exist as of December 13, 1991, as confirmed by survey prepared by Chandler, Palmer & King: a) two-story, single-family dwelling, b) 16' x 18' accessory single-story garage building located in the rear yard and used since the enactment of zoning for storage and garage-related purposes; c) 12' x 20' accessory single-story shed (storage building) situated in the rear yard area, and which is now being relocated under Building Permit No. 20333Z dated December 13, 1991 and enlarged with an 8' x 10' single-story addition. There is no certificate of occupany or pre C.O. found in the town to show that a review has been made declaring this "shed" building to be a guest cottage (sleeping use for family members only). Further application and review will be required to address the use of this building for other than shed purposes or for sleeping quarters for family members. 5. Pursuant to a newer survey dated October 21, 1992, also prepared by Chandler, Palmer & King, the same structures exist as noted above, except that the 12' x 20' shed has been enlarged by 80 sq. ft. (8' x 10'), and a fence enclosure for garden purposes has also been erected in the rear yard. 6. Lot No. 6 (southerly lot) is improved with the following structures as shOwn on the December 21, 1991 survey prepared by Chandler, Palmer & King: a) single-story cottage structure in very poor condition and situated on or near the rear property line at the northwest corner of the premises; b) single-story, single-family dwelling situated near the center of the premises; c) small 7' x 12' accessory shed (storage building) located in the rear yard at the extreme northeast corner of the premises. 7. Each of these two parcels is nonconforming in this R-80 Residential Zone District (eff. 1-9-89) since the lot area requirement is 80,000 minimum per lot. 8. In considering this application, the Board also finds and determines: Decision Rendered March 18, 1993 Southold Town Board of Appeals 8. a) there is no detriment to the health, safety, or welfare of the community, and the benefit to applicant is greater; b) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; c) the grant of this variance for an adjustment in the lot area for each of the two parcels is not causing or creating an increase in dwelling unit density, and this variance will not cause a su]Dstantial effect on available governmental facilities; d) there is no other alternative feasible for appellants to pursue; e) the relief requested will not adversely impact the essential character of the neighborhood; f) the relief requested is not substantial in relation to the requirements, particularly since this is an exchange of property to increase the size of a smaller parcel; g) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to APPROVE the reduction in the lot size of a nonconforming parcel by 8,505 square feet in order that the nonconforming parcel (to the south) may be increased by 8,505 square feet (see lot lines shown on survey prepared by Chandler, Palmer & King dated October 21, 1992, PROVIDED: A) the northerly parcel (combined Lots 5 and 13) remain as one parcel with a total lot area of 61,817 sq. ft.; B) the southerly parcel contain a lot area of not less than 28,957 square feet; C) there be no increase in dwelling unit density for either parcel. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. =guiar i.~_.e~_ing of March 18, 1993 Southold T ...n Doard of Appeals GARDINERS BAY ESTATES (Hearing held this evening and to be continued). Member Wilton said he would like a legal opinion concerning the effects of a determination in either direction. The Chairman and Board Members agreed, and a letter will be sent to the Town Attorney requesting his opinion. The following matters were calendared for public hearings to be held at the next Regular Meeting, Thursday, April 22, 1993: 1. 7:30 p.m. Appl. No. 4162 - THE INGEBORG TALLAREK TRUST. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate an addition within 100 feet of the L.I. Sound bluff at 905 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-11. This parcel is substandard in this R-40 Zone District and contains a total lot area of approximately 24,000 sq. ft. 2. 7:35 p.m. Appl. No. 4163 - RUSSELL IRELAND, JR. Request for variances to the Zoning Ordinance: (a) Article IIIA, Section 100-30A.4 {100-33B-3} for permission to locate accessory garage with a side yard setback at less than the required 10 feet; (b) Article XXIII, Section 100-239.4B for approval of a proposed new deck addition and for grandfather approval of existing deck addition built prior to May 1985, all of which is located within 75 feet of the bulkhead along Great Peconic Bay and with reduced easterly side yard to less than the 20 feet, and total side yards to less than 35 feet, as required by Article IIIA, Section 100-30A.3. Location of Property: 5400 Great Peconie Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-2-12. This parcel contains a total lot area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. 3. 7:40 p.m. Appl. No. 4059 - JOHN SEPENOSKI, JOHN A. NOBILE and SUSAN NOBILE. Request for Variances: (a) for approval of access for fire and emergency vehicles over a private right-of-way pursuant to New York Town Law, Section 280-A, and (b) to the Zoning Ordinance, Article XXIV, Section 100-244B (Article IIIA, Section 100-30A.3) for approval and recognition of substandard lot area and depth, as exists, in this R-40 Low-Density Residential Zone District. Location of Property: 5600 Horton Lane, Southold, NY; County Tax Map Parcel No. Page 17- Minutes Regular Meeting of March 18, 1993 Southold Town Board of Appeals 1000-54-3-14.7. This parcel contains a total lot area of approximately 33,542 sq. ft. and depth of 140.97 feet. 4. 7:45 p.m. Appl. No. 4157 - DEPOT ENTERPRISES, INC. (Reconvened and continued from March 18, 1993). 5. 7:55 p.m. Appl. No. 4156 - GARDINERS BAY ESTATES CLUB, INC. (record owner as per Deed at Liber 7671 page 415)-filed by GARDINERS BAY ESTATES PROPERTY OWNERS ASSOCIATION. {Reconvened and continued from February 23, 1993}. This is an Appeal based upon the February 10, 1993 Notice of Disapproval issued by the Building Inspector requesting an Intepretation of Article III, Section 100-31C(3) of the Zoning Code which provides for "...docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use." Applicant is proposing to construct new dock areas with multiple boat facilities at the community beach of Gardiners Bay Estates. Location of Property: Part of Private Road known as Dogwood Lane situated along "Spring Pond," an estuary of Orient Harbor; also shown on the Map of Gardiners Bay Estates, Section 2, filed in the Suffolk County Clerk's Office as Map No. 275, East Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23 (private road), and part of 17 (underwater land). Ayes: Ail (except that Member Villa asked for a different meeting night since Thursdays during the Months of April and May he would not be available due to another coauuitment). There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 9:35 p.m. Respectfully submitted, Approved - Gerard P.' Goehr~ger ~ Chairman ~ RECEIVED AND F LED BY THE SOUTHOLD TO%VN CLF. rL~ Town Clerk, Town of Sou~old