HomeMy WebLinkAboutZBA-04/22/1993APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
J-roes Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, APRIL 22, 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
7:15 p.m. Work Session (Reviews of pending applications.
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAY,APRIL 22, 1993commencing at 7:30 p.m.
at the Southold 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
Claire Glew (substitute recording clerk)
Absent was: Linda Kowalski, Board Clerk-Secretary
(bereavement).
I. PUBLIC HEARINGS:
A. 7:30 p.m. Appl. No. 4162 - THE INGEBORG TALLAREK
TRUST. (Regi Weile, Architect) 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. (After receiving testimony, the
hearing was concluded {closed}.) See written determination
adopted tonight at the end of all hearings.
B. 7:35 p.m. Appl. No. 4163 - RUSSELL IRELAND, JR.
Request for variances to the Zoning Ordinance: (a) Article
Page 2 - Minutes of Regular Meeting
Southold Town Board of Appeals
Regular Meeting of April 22, 1993
PUBLIC HEARINGS, continued:
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 Peconic 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. (After receiving testimony, the
hearing was concluded {closed}, pending deliberations at a later
time.)
C. 7:49 p.m. Appl. No. 4059 - JOHN SEPENOSKI, JOHN A.
NOBILE and SUSAN NOBILE. (Michael N. Hills, Esq.) 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. 1000-54-3-14.7. This parcel contains a total
lot area of approximately 33,542 sq. ft. and depth of 140.97
feet. (Testimony was received and the hearing then concluded,
pending deliberations at a later time.)
D. 8:06 p.m. Appl. No. 4157 - DEPOT ENTERPRISES, INC.
(Reconvened and continued from March 18, 1993). Request 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 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. (Extensive testimony was taken, at the end of
which the hearing was concluded, pending deliberations at a
later time.)
E. 8:26 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
Page 3 - Minutes of Regular Meeting
Southold Town Board of Appeals
Regular Meeting of April 22, 1993
PUBLIC HEARINGS, continued:
ASSOCIATION. {Reconvened and continued from February 23,
1993}. (Ongioni & Borelli, Esqs.) This is an Appeal based
upon the February 10, 1993 Notice of Disapproval issued by the
Building Inspector requesting an Interpretation 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). (Extensive testimony was received and the
hearing then concluded, pending deliberations at a later time.)
II. DELIBERATIONS/DECISIONS
A. Carryovers from March 18, 1993:
The Findings and Determinations for the following matters
are continued on the next few pages:
1. Appl. No. 4078 - JOHN PHILLIPIDES & OTHERS (Owners) by
THEODORE PETIKAS (Contract Vendee).
2. Appl. No. 4143 - Application of GEORGE AND ANGELIKI
SPANOS.
3. Appl. No. 4162 - INGEBORG TALLAREK. 905 Aquaview
Avenue, East Marion. 1000-21-2-11. Nonconforming lot size in
an R-40 Zone. Bluff setback requested for addition landward of
existing house.
· Page 4 - Minutes of Regular Meeting
Southold Town Board of Appeals
Regular Meeting of April 22, 1993
ACTION OF THE BOARD
Appeal No. 4078:
Application of THEODORE AND MARIA PETIKAS (as contract
vendees with the owners, JOHN PHILLIPEDES, HELEN MANIS and
ACHILLES STACHTIARIS). Variance(s) to the Zoning Ordinance
requested under Article XXIV, Section 100-244B for permission to
locate new dwelling structure with side yards at less than the
required 10 feet 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.
WHEREAS, after due notice, a public hearing was held on
March 18, 1993; and
WHEREAS, at said hearing those who desired to be heard were
heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the
northwesterly side of Middle Road (C.R. 48) near its
intersection with Sound View Avenue, at Arshamomaque, Town of
Southold, containing a total lot area of approximately 11,000+-
sq. ft., and is identified on the Suffolk County Tax Maps as
District 1000, Section 135, Block 1, Lot 27.
2. The subject premises is presently vacant land, a
portion of which consists of low beach areas, subject to
flooding, the remainder with variable contours shown on the
March 23, 1993 survey map to be between 5.8 feet and ten feet
above mean sea level. The dimensions of the lot are as follow:
(a) the frontage along Middle Road is shown to be 30.0 feet,
(b) width at the low bank near the ordinary highwater mark per
Page 5 - Appl. NO. 4078
Decision Rendered April 22, 1993
Matter of THEODORE and MARIA PETIKAS
the D.E.C. is 48+- feet, (c) width at the extreme north end
(below the current highwater mark} is shown to be 63+- feet,
(d) the average depth of the property is 239 feet. It is also
noted that the premises is in the A-8 Flood Zone (min. el. 11
feet above mean sea level for utility area at lowest floor~
elevation).
3. Appellants are requesting permission to construct a
26 ft. wide x 30 ft. deep two-story dwelling structure with
reduced side yards at five feet from the westerly side property
line and at 4-1/2 feet from the easterly side property line.
The total side yards are proposed at 9-1/2 feet, at its closest
points.
4. Article XXIV, Section 100-244B of the zoning code
provides for a setback at not less than 10 feet as a minimum in
one side yard, and minimum of 15 feet in the other side yard,
for a total of both sides yards at not less than 25 feet.
5. It is the opinion of the Board that the relief
requested for setbacks of 4.5 feet and at 5.0 feet to the
property line is substantial in relation to the requirement.
The percentages requested are: (a) 50% reduction on the
westerly side; (b) 55% on the easterly side; (c) 62%
reduction for total sideyards. No variance is being requested
for the setback from the low bank or the front yard area. The
setback is shown on the March 23, 1993 survey prepared by
Roderick VanTuyl, P.C. to be 100 feet or more from the low bank
(8' contour near the highwater mark). The front yard setback
is required to be a minimum of 35 feet, and the applicant is
proposing a front yard at 48 feet to gain width for the
sideyards.
6. In considering this application, the Board also finds
and determines:
(a) that the grant of the side yard relief as
requested will have an adverse effect or impact on the physical
or environmental conditions in the neighborhood or district;
(b) that although the uniqueness of the property due
to the size and character of the property do lend to the
difficulties in this proposal, the percentage of relief
requested for a reduction between 50% and 62% of the
requirements is personal to the applicant or landowner;
(c) that the variance requested is not the minimum
necessary to afford relief and there is an alternative available
with a greater side. yard setback for minimal relief;
(d) that the grant of the relief requested will set
Page 6 - Appl. No. 4078
Decision Rendered April 22, 1993
Matter of THEODORE and MARIA PETIKAS
and would encourage other precedents which in turn will be
adverse to the essential character of the neighborhood;
(e) alternative relief, as noted below, would not be
detrimental to the health, Safety or welfare of the community,
and would afford a benefit to the applicant;
(f) in considering all of the above factors, the
interests of justice will be served by denying the variance
requested, and granting alternative relief, as further noted.
Accordingly, on motion by Member Wilton, seconded by
Member Villa, it was
RESOLVED, to DENY the relief requested, as noted above,
and BE IT FURTHER
RESOLVED, to GRANT the following ALTERNATIVE RELIEF as a
minimum to afford side yard relief:
1) Minimum side yard setback for all dwelling
construction at not less than eight feet from the westerly side
property line;
2) Minimum side yard setback for all dwelling
construction at not less than eight feet from the easterly side
property line.
3) Minimum total sideyards for dwelling construction at
not less than 16 feet;
4) No building construction activities until the Suffolk
County Health Department approval has been issued, as well as
compliance with all other agency approvals and issuance of a
building permit by the Southold Town Building Inspector's
Office.
5) That the side yard(s) remain open and unobstructed for
access by emergency or fire vehicles.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
· Page 7 - Minutes of Regular Meeting
Southold Town Board of Appeals
Regular Meeting of April 22, 1993
ACTION OF THE BOARD OF APPEALS
Appl. No. 4162:
Matter of the Application of INGEBORG TALLAREK requesting
a 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.
WHEREAS, after due notice, a public hearing was held on
April 22, 1993, at which time those persons who desired to be
heard were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, 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 appeal of the March 22, 1993 Notice of
Disapproval by the Building Inspector which disapproved an
application dated March 15, 1993 for a building permit to
construct for the reasons that proposed construction is less
than 100 feet from the bluff along the Long Island Sound.
2. The premises in question is located in the R-40
Low-Density Residential Zone District and contains a total area
of approximately 24,000 sq. ft. The map submitted with this
application shows this parcel is presently improved by an one
and one-half story, single-family dwelling structure set back
24+- feet at its closest point from the top of the LoI. Sound
bank (to the north), although the distance to the rear property
line (ordinary highwater mark) is approximately 109 feet distant
from the rear patio of the dwelling.
3. Article XXIII, Section 100-239.4A of the Zoning Code
requires all buildings and structures located on lots upon which
Page $ - Appl. No. 4162
Matter of INGEBORG TALLAREK
Decision Rendered April 22, 1993
there exists a bluff or bank landward of the shore or beach of
shall be set back not less than one hundred (100) feet from the
top of such bluff or bank. No exception to this rule is
provided in the Town's current legislation for construction
which may be proposed landward of existing construction.
4. Proposed in this application is a 20 ft. extension at
the southerly portion of the existing dwelling for a garage
addition. The setback from the front property line along
Aquaview Avenue is shown to be 50 feet and the existing sideyard
will not be reduced in this project. The sideyards are
presently shown at 37+- feet from the east and 8-1/2+- feet from
the west. The location of the newly proposed garage addition
will be landward of the existing dwelling with a distance of 65
or more feet from the top of the bank.
5. It is the position of the Board in considering this
application that:
(a) the circumstances are uniquely related to the
property and there is no method feasible for appellant to pursue
other than a variance - particularly since most of the upland
area of this property is situated within 100 feet of the bank
line;
(b) the relief is not substantial in relation to the
requirements, particularly since the entire new construction is
proposed substantially landward of the existing dwelling;
(c) the variance requested does not involve any
increase of dwelling unit density;
(d) the relief requested will not cause a substantial
effect on available governmental facilities since the addition
is for garage and storage purposes incidental to the owner's
private residential use;
(e) the relief requested is not unreasonable due to
the uniqueness of the property and similarly situated buildings
in the immediate area to the east and west of the subject
premises;
(f) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the
town, or be adverse to neighboring properties since the proposed
building will be substantially in conformance With all other
zoning regulations.
Accordingly, on motion by Chairman Goehringer, seconded by
Member ¥i]]a , it was
Page 9 - Appl. No. 4162
Matter of INGEBORG TALLAREK
Decision Rendered April 22, 1993
RESOLVED, to GRANT a Variance to locate a proposed 20-ft.
southerly extension landward of the existing dwelling, as
applied.
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa,
Wilton, and Goehringer. This resolution was duly adopted (5-0).
Pa~e ] ~ Appeal No. 4143
Matter of GEORGE AND ANGELIKI SPANOS
Decision Rendered April 22, 1993
FINDINGS'AND DETERMINATION
Appeal 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 14, Block 3, Lot 22,
and is referred to as 330 Main Street, Greenport, NY.
WHEREAS, after due notice, a public hearing was held on
March 18, 1993 in the Matter of the Application of GEORGE and
ANGELIKI SPANOS under Appeal No. 4143; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. SITE LOCATION: The parcel in question is a corner lot
as defined by Section 100-13 of the Zoning Code with 159.96 ft.
frontage along the north side of Champlin 'Place and 134.34 ft.
frontage along the east side of Main Street, Greenport, Town of
Southold, and is identified on the Suffolk County Tax Maps as
District 1000, Section 34, Block 3, Lot 22.
2. ZONING: The subject premises is located in the R-40
Low-Density Residential Zone District, effective January 9,
1989, and is improved with three buildings: concrete block
service station with office and sales area, concrete block
two-bay garage used for repair and servicing of vehicles and
trailer behind the service station (which previously was
utilized as a residence but has been vacant and unoccupied as a
residence for a number of years). These buildings are shown on
~ 'Pa~e ]]- Appeal No. 4143
Matter of GEORGE AND ANGELIKI SPANOS
Decision Rendered April 22, 1993
the September 25, 1975 survey prepared by Roderick VanTuyl,
L.S.
3. PREEXISTING USE: The commercial use at the site for
indoor servicing and repair of vehicles in the garage building
and sales of oil and gasoline products in the service station,
with incidental office areas, is known to exist since prior to
the enactment of zoning in 1957. It is also noted that
Certificate of Occupancy No. Z6739 was issued on October 17,
1977 by the Town's Building Inspector confirming the preexisting
use of this business, and affidavits supporting this fact were
submitted sworn bY residents in the Town.
4. OWNERSHIP: The applicants herein aquired the property
on October 10, 1975 from Malcolm Rackett, whose predecessor in
title was Straussner. Each of these owners conducted gasoline
sales from two pump islands at the site, one having been located
along the westerly property line along Main Street and the other
island underneath the canopy, which remains.
5. COUNTY LAW - REQUIRED UPGRADING FOR CONTINURD GASOLINE
SALES. In early 1990, written bid proposal(s) were obtained by
the applicants to provide "...engineering services, one (1) test
boring, register tanks and secure permits with the Suffolk
County Department of Health Services and Town of $outhold..."
and to "excavate, remove, and legally dispose of three (3) 8,000
gallon underground tanks and associated piping, existing pumps
and wiring .... " Also included in the February 12, 1990 bid
proposal was "o..A. to furnish and install two (2) 8,000 gallon
and one (1) 2,500 gallon fiberglass double wall tanks .... "
Another bid proposal, dated March 1, 1990, outlined an estimate
for a new fire suppression and optional 8,000 gallon tanks in
lieu of 10,000 gallon tanks. The record shows that a permit was
issued by the County Department of Health Services on March 17,
1992. During this time period, the N.Y.S. Department of
Environmental Conservation also had a permit pending under
Project No. 1-4738-00513/000001-0 for a vapor extraction
system.
6. By application to the Building Inspector dated Decem-
ber 7, 1992, an application for a permit to replace gasoline
tanks and for use in the sales of gasoline was filed and
disapproved on the following grounds: "...Article XXIV, Section
100-241(G) nonconforming service station has not dispensed
gasoline in the last two years and wishes to reinstate this
service. Action required by Zoning Board of Appeals.
Note-property situated in a Residential R-40 .... "
7. This application is an appeal of that December 7, 1992
decision of the Building Inspector. For the record, Article
XXIV, Section 100-241(G) of the zoning code reads as follows:
'Page ]2_ Appeal No. 4143
Matter of GEORGE AND ANGELIKI SPANOS
Decision Rendered April 22, 1993
G. Whenever a nonconforming use of a building or
premises has been discontinued for a period of more
than two (2) years or has been changed to a higher
classification or to a conforming use, anything in
this Article to the contrary notwithstanding, the
nonconforming use of such building or premises shall
no longer be permitted unless a variance therefor
shall have been granted by the Board of Appeals.
8. BASIS AND ISSUES OF LAW: First, it must be determined
whether or not the nonconformity of gasoline sales from the
pumps has been intentionally abandoned, or impezmissibly
changed. Testimony was submitted clearly showing that there
was no intention by the owner to abandon gasoline sales. The
owners' actions to comply with the State and County laws
governing inground fuel storage tanks and to obtain appropriate
permits within the two years under consideration is not evidence
of intentional abandonment.
9. In considering this application and viewing the site
and the character of the area, the following are noted:
(a) the subject parcel has over the past few years
been kept in a disorderly fashion with outside storage of
inoperable vehicles, licensed and unlicensed, and dismantled
vehicles, vehicle parts. The applicants have indicated they
have recently been cleaning up the property and have agreed to
return the premises to an orderly state in accordance with the
code requirements for no outside storage of dismantled,
unlicensed, and/or inoperable vehicles and to provide sufficient
on-site parking as required by the parking schedule {six
spaces: two for each bay and two for employees}.
(b) the subject property is located in a residential
neighborhood, and is surrounded by residences. There are valid
concerns from not only the Board Members but also residents that
the improper storage of vehicles and vehicle parts must be
improved for aesthetic, safety and health purposes.
Accordingly, on motion by Member Villa, seconded by
Member Dinizio, it was
RESOLVED, that the application be and hereby is GRANTED,
finding that the nonconforming use of gasoline sales has not
been intentionally abandoned, and the Building Inspector is
hereby authorized to issue a building permit for such
construction on compliance by the applicant with all other
provisions of the Zoning Ordinance and the Building Codes of the
Town of Southold and all other regulations pertaining to
replacement of the gasoline tanks and incidental structural
Pa~e ]3- Appeal No. 4143
Matter of GEORGE AND ANGELIKI SPANOS
Decision Rendered April 22, 1993
supports for its safe construction and proper operation, and
SUBJECT FURTHER TO THE FOLLOWING CONDITIONS:
a) a parking area shall be provided for six cars as
required by the parking regulations of the zoning code: two
per repair bay and one for each of two employees, for a total of
six parking spaces;
b) before issuance of a Certificate of Occupancy and
before any activity shall commence to conduct gasoline ~ales,
the dismantled vehicles and vehicle parts, whether licensed or
unlicensed, and outside storage of materials, shall be either
removed or stored in such a manner required under the zoning
ordinance (such as in an enclosed area or building).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted
(5-0).
Page ]4- Minutes of Regular Meeting
Southold Town Board of Appeals
Regular Meeting of April 22, 1993
UPDATES/OTHER: The following items were updated as noted
on the agenda:
1. Appl. No. 4098 - Tony Kostoulos. ZBA awaits update
from attorney for the applicant concerning Town Trustees'action
(to be amended).
2. Appl. No. 4039 - Cliffside Associates. ZBA awaits
confirmation from applicant for final hearing date of May 20,
1993 and attendance by his representative concerning the
"interpretation" request.
3. Appl. No. 4152 - Thomas Buckner at Fishers Island.
Await filing with Trustees, DEC, and submission of amended
application, additional fee and diagrams.
4. Appl. No. 4072 - Varujan Arslanyan - Await amended
application and additional fee. Setbacks from L.I. Sound.
5. Appl. No. 4159 - John F. McGillian. Await engineer's
report, filing of CZM application with Trustees, photographs.
6. Appl. No. 4160 - Susan Tasker - Await filing of CZM
application with Trustees and DEC, update concerning Health
Department.
7. Appl. No. 3972 - Petrol Station Ltd. - Await filing of
amendments to include two principal uses on undersized lot as
amended with Planning Board in subdivision project, and await
Planning Board correspondence.
8. Appl. No. 4161 - Barbara Kujawski - To be updated -
await response from Planning Board to ZBA memo of April 1993.
RESOLUTION TO SET HEARINGS: On motion by Chairman
Goehringer, seconded by Member Dinizio, it was
RESOLVED, to authorize and direct the following matters to
be advertised in the town's official newspapers for public
hearings to be held on Thursday, May 20, 1993 at the Southold
Town Hall, 53095 Main Road, Southold, New York:
1. 7:30 p.m. Appl. No. 4166 - ROBERT W. ALCUS.
Request for Variance to the Zoning Ordinance, Article IIIA,
Section 100-30A.3 (Bulk Schedule) for approval of an existing
Page ]5- Minutes of Regular Meeting
Southold Town Board of Appeals
Regular Meeting of April 22, 1993
deck around existing accessory swimmingpool {which pool
structure has received a Certificate of Occupancy under No.
14664 and Building Pe~L,it No. 13046 dated 6/17/84}. Variance is
required since all structures have a total lot coverage over 20%
of the lot area. Subject premises is nonconforming as to
total lot area and width in this R-40 Low-Density Zone District
and is shown on the Map of Indian Neck Park as Lot No. 8; also
shown on the Suffolk County Tax Maps as District 1000, Section
98, Block 4, Lot 4. Street Address: 335 Smith Road, Peconic,
NY.
2. 7:35 p.m. Appl. No. 4167 - ETTORE PENNACCHIA and TOUCH OF
VENICE RESTAURANT. Request for a Variance to the Zoning
Ordinance, Article XIV, Section 100-1'01C(3) for permission to
locate an off-premises-directional sign on property owned by
Ester DiGioia, premises located in the Light Industrial (LI)
Zone District, at the southeast corner of the intersection of
Middle Road (County Road 48) and Lipco Road, Mattituck; County
Tax Map No. 1000-141-3-18.
3. 7:40 p.m. Appl. No. 4165 - SANFORD H. and ELIZABETH M.
FRIEMANN. Request for a Variance to the Zoning Ordinance,
Article XXIII, Section 100-239.4 for permission to construct
addition and deck addition with spa within 75 feet of the
existing bulkhead at 1165 Old Harbor Road, New Suffolk, NY;
County Tax Map Parcel No. 1000-117-3-8.4. Subject premises is
located in the R-80 Zone District.
4. 7:45 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC.
(Owner). Appeal of the April 25, 1991 Notice of Disapproval
from the Building Inspector, citing "...Article III, Section
100-13 - Definition Section of the Zoning Code pertaining to
"hotel or motel transient, which says in part that there will be
no cooking facilities." The subject .premises previously had
received a Special Exception under Appl. No. 3542 for motel
units without maps or plans before the Board for individual
kitchenettes or dwelling uses. {The Special Exception use did
not include approval for kitchenettes or dwelling uses}.
Location of Property: 61475 C.R. 48, Greenport, NY; County
Tax Map Parcel No. 1000-045-01-001 and 002 (now 2.1), containing
approximately 7.5 acres. (Subject to confirmation of
availability and attendance by Richard Haefeli, Esq. who has
several times previously requested postponements.) This is
advertised as a final hearing.
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa,
Wilton and Goehringer. This resolution was duly adopted.
- Page ] ~ Minutes of Regular Meeting
Southold Town Board of Appeals
Regular.Meeting of April 22, 1993
At this point in time, the Chairman declared the meeting
adjourned, calling a Special Meeting prior to the upcoming
Regular Meeting in order to continue tonight's agenda items and
reviews.
Very truly yours,
~nda F. Kowalski
/_~__z~~/J~/, ~o a r d Clerk-Secretary
RECEIVED AND FILED BY
THE SOUTHOLD TOWN C~.F~RK
Town Clerk, Town o~ Souihcld