HomeMy WebLinkAboutZBA-05/20/1993APPEALS BOARD MEltERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF $OUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, MAY 20, 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. (No action was taken.)
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAY, MAY 20, 1993 commencing 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
Linda Kowalski, Board Clerk
I. PUBLIC HEARINGS: Public hearings were held on each of the
following matters:
7:32 p.m. Appl. No. 4166 - ROBERT W. ALCUS. ,RequeSts~ctiO
for Variance to the Zoning Ordinance, Article IIIA n
100-30A.3 (Bulk Schedule) for approval of an existing deck
around existing accessory swimmingpool {which pool structure has
received a Certificate of Occupancy under No. 14664 and Building
Permit 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.
Rudolph H. Bruer appeared as attorney in behalf of the
applicant. Following the conclusion of the hearing statements,
the Board took the following action: (continued on next page)
Page 2 - Minutes
Regular Meeting ofay 20, ,
Southold Town BoardM~f Appeals
1993
ACTION OF THE BOARD OF APPEALS
Appeal No. 4166.
Upon application of ROBERT W. ALCUS. Request for
Variance to the Zoning Ordinance, Article IIIA, Section
100-30A.3 (Bulk Schedule) for approval of an existing deck
around existing accessory swi~,~.ingpool {which pool structure has
received a Certificate of Occupancy under No. 14664 and Building
Pezmit No. 13046 dated 6/17/84}. Variance is required since all
structures have a total lot coverage over 20% of the total 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.
WHEREAS, a public hearing was held and concluded on May 20,
1993; 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. This application is for a variance from the lot
coverage requirements for the deck area which presently existing
around the inground swimmingpool, which is located as a detched,
accessory structure in the rear yard with a setback at three
feet from the southerly side property line and easterly rear
property line.
2. For the record, it is noted:
(a) the existing swimmingpool with fence enclosure
was constructed pursuant to a April 17, 1984 Building Permit
(No. 13046); the open deck area around the pool is not shown on
Page 3 - Appl. No. 4166
Matter of ROBERT W. ALCUS and others
Decision Rendered May 20, 1993
this building permit record and is not flush to the natural
grade of the back yard;
(b) the property was recently the subject of a sale
pursuant to a Contract dated January 1993 between Robert and
Patricia Alcus and Jay W. and Joan Feldman; escrow monies have
been put aside by the applicants pending the outcome of the
building permit and variance determinations;
(c) the construction proposed will not be closer than
35 feet from the front property line;
(d) the fence enclosure as approved under BUilding
Permit No. 13046 issued April 17, 1984 includes the ground area
which is now the deck area (above grade);
(e) Section 100-33 pertaining to accessory buildings
structures and accessory uses provide for location in the
required rear yard with a setback at three feet on lots
containing up to 20,000 square feet.
3. It is the position of this Board in considering this
application that:
(a) the circumstances are unique to the property and
are not personal in nature;
(b) the relief requested is not substantial with a
total lot coverage for all buildings/structures at 2,484 square
feet, with a variance of approximately three (3%) percent of the
total lot area (which is approximately 11,500 sq. ft.);
(c) the relief will not alter the essential character
and is in harmony with the intent of zoning, and the deck area
is within the same area of the permitted fence enclosure
{mandated by law for safety reasons} around the inground
swimmingpool;
(d) there is no other method feasible for appellants
to pursue other than a variance;
(e) the benefit to applicant is minimal and will not
create an undirable change in the character of the neighborhood
or a detriment to nearby properties by the grant of the
variance;
(f) the proposed variance will not have an adverse
effect or impact on the physical or environmental conditions in
the neighborhood or district;
Page 4 - Appl. No. 4166
Matter of ROBERT W. ALCUS and others
Decision Rendered May 20, 1993
(g) the deck which is the subject of this application
is existing, after having been reduced in size to meet the
setback requirement from the original design, and although the
difficulties created may be considered self-created, this Board
finds that this does not preclude the granting of the relief in
light of all of the above findings.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED to GRANT approval of the deck area around the
existing swimmingpool (within the existing fence enclosure) as
applied with a setback of at least three feet from the side and
rear property lines and lot coverage at 23 percent, as exists.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio,
Doyen, Villa and Wilton. This resolution was duly adopted.
Page 5 - Minutes
Southold Town Board of Appeals
Regular Meeting of May 20, 1993
I. PUBLIC HEARINGS, continued:
7:37 p.m. Appl. No. 4167 - ETTORE PENNACCHIA and TOUCH OF
VENICE RESTAURANT. Request for a Variance to the Zoning
Ordinance, Article XIV, Section 100-101C(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. Mr. Pennacchia appeared in behalf
of the application. Following receipt of testimony, the hearing
was concluded pending deliberations later, following the
remaining other hearings. Please see verbatim transcript of
hearing prepared under separate cover and attached for
reference.
7:42 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. The applicants appeared.
Following receipt of testimony, the hearing was concluded
pending deliberations at a later time (after the remaining other
hearings). Please see verbatim transcript of hearing prepared
under separate cover and attached for reference.
7:45 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC.
(Owner). Appeal of the April 26, 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. Richard Haefeli appeared as attorney
for the applicant. Following the presentation by Mr. Haefeli
and questions, the hearing was recessed without a date. (The
verbatim transcript of this hearing was prepared under separate
cover and attached for reference.)
End of Hearings.
Page 6_ Appl. No. 4165
Matter of SANFORD & ELIZABETH FRIEMAN
Decision Rendered May 20, 1993
ACTION OF THE BOARD
Appl. No. 4165.
Upon application of 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.
WHEREAS, a public hearing was held on May 20, 1993, 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-80)
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 an open deck
addition/extension at the rear (easterly end) of the existing
dwelling, all as shown on the sketch prepared by the applicants
and survey dated March 9, 1993 prepared by Roderick VanTuyl, P.C.
Proposed are: (a) a 14'6" wide by i0 ft. deep addition as shown
on the plan prepared by R. Lehnert, Inc. (Design Drawing) dated
March 24, 1993; (b) a six ft. open deck addition extending from
the proposed 10 ft. addition (and extending 16 feet from the
existing rear wall of the dwelling); (c) a spa addition with
deck walkway. The decks and addition will be no closer than 48
feet to the outer edge of the existing bulkhead.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 117, Block 3, Lot 8.4
and contains a total lot area of 19,998 sq. ft.
Page 7 - Appl. No. 4165
Matter of SANFORD & ELIZABETH FRIEMAN
Decision Rendered May 20, 1993
3. The dwelling as exists presently has the following
nonconformities: (a) front yard at 24+-' at the westerly
property line, (b) southerly side yard at six feet.
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 for "cabana-type" buildings;
(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, however, each
has natural bluff areas between the improvements (buildings) and
the bulkheads;
(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) the benefit to the property owner is minimaI, and
there will not be a detriment to the health, safety, and welfare
of the neighborhood or community by the grant of this variance;
(g) the benefit sought by the applicants cannot be
achieved by some other method, feasible for the applicant to
pursue, other than an area variance -- particularly in light of
the established nonconformities in this neighborhood;
Page 8 - Appl. No. 4165
Matter of SANFORD & ELIZABETH FRIEMAN
Decision Rendered May 20, 1993
(h) in view of all the above, the interests of justice
will be served by the grant of the requested relief as requested
and conditionally noted below.
Accordingly, on motion by Member Villa, seconded by
Member Dinizio, it was
RESOLVED, to GRANT the relief as requested in the Matter of
the Application of SANFORD AND ELIZABETH FRIEMANN under Appl. No.
4165.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
Page 9 - Minutes
Regular Meeting of May 20, 1993
Southold Town Board of Appeals
FINDINGS AND DETERMINATION
Appl. No. 4167. Application of ETTORE PENNACCHIA and TOUCH OF
VENICE RESTAURANT. Request for a Variance to the Zoning
Ordinance/ Article XIV, Section 100-101C(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.
W~EREAS, a public hearing was held on May 20, 1993, 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. This is an application for a'variance to allow for the.
location of one ground sign, the wording of which will be for
directional purposes for the traveling public to find the a
local restaurant which is located off the main highway along
Wickham Avenue, Mattituck. The name of this restaurant is "The
Touch of Venice Restaurant."
2. The sections of the zoning code under which an appli-
cation for a sign permit has been disapproved by the Building
Inspector is Section 100-141C(3) {ref. 100-101C3).
3. The.premises which is the subject .of this application
located in the Light-Industrial (LI) Zone District. This parcel
is presently vacant. The property has frontage along County Road
48 (also known as Middle Road) of 200 feet, and frontage along
Lipco Road of 390+- feet.
Page 10- Minutes
Regular Meeting of May 20, 1993
Southold Town Board of Appeals
(Pennacchia decision, continued:)
4. The wording of the sign will be restricted to:
"... Touch of Venice Waterview Dining
Lunch - Dinner
Italian-Seafood-Steaks
Turn left 1/2 mile at Traffic light on
Wickham Avenue "
5. The size of the sign is six feet wide by four feet high,
with a total height from ground level to the top of the sign at
10 feet. The clearance from the ground to the bottom of the
sign is proposed and must remain open for clear visibility at
the intersection.
6. The setbacks are proposed at 15 feet from the owner's
front property line along Route 48 and 10 feet (or more) from
the front property line along Lipco Road.
7. It is believed that Section 100-31C9(e) of the
residential zone districts was inadvertently left out of the
industrial zones (which~zones are normally less restrictive).
Section 100-31C9(e) provides these types of signs by Special
Exception from the Board of Appeals, and is provided in the
A/C, R-80, .R-120, R-200 Residential Zone regulations.
8. On May 5, 1966, and again on March 22, 1979, the Board
of Appeals established guidelines and principles governing signs
not specifically covered in the Zoning Ordinances; and in order
to assist the travelling public and in the interest of traffic
safety, the Board established the following types of activities
for which a reasonable number of off-premises signs, directional
· only, may be conditionally granted for a limited time period:
a. Motels, hotels, tourist houses
b. Restaurants and eating places
c. Churches
d. Ferries, transportation
e. Subdivision/development signs
f. Shopping centers or business
g. Amusement areas
h. Civic activities
i. Federal, State, County, Town owned signs.
9. It is the position of the Board that this sign is
for directional purposes to aid the traveling public and does
meet the standards set by the Board of Appeals in its 1966
and 1979 resolutions.
10. Also in considering this application, the Board finds
Page 11- Minutes
Regular Meeting of May 20, 1993
Southold Town Board of Appeals
(Pennacchia decision, continued:)
and determines: (a) the location of this sign in a Light
Industrial Zone District as compared to residential properties
in the town will be in the best interests of the public; (b)
this sign will not adversely affect or alter the essential
character of the property or areas in this LI zoning district;
(c) there are no other ground signs legally existing at the
property at this time, and until such time as the circumstances
of the property changes or the sign laws are amended, this
single ground sign may remain - subject to receiving all other
agency approvals before placement of the sign; (d) the benefit
sought by the applicat cannot be achieved by some other method
feasible for the applicant other than a variance; (e) the
proposed variance will not have an adverse effect or impact on
the physical or environmental conditions ~n the neighborhood or
district; (f) the alleged difficulty was not self-created;
(g) in light of the above factors, the grant of the variance
will be consistant with the intent of the zoning ordinance,
subject to the conditions, noted further below.
Accordingly, on motion by Member. Doyen, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT a Variance in the Matter of the
Application of ETTORE PENNACCHIA for the TOUCH OF VENICE
RESTAURANT (Owner: Esther Digioia) for a directional sign
in lieu of an on-premises ground sign on this vacant lot,
SUBJECT THE FOLLOWING CONDITIONS:
1.. This sign shall continue only as long as the property
owner's consent is in effect.
2. This authorization is terminable at once at the
direction of the Board of Appeals.
3. The purpose of this sign must be directional in the
public interest as distinguished from advertising of products
or services.
4. Said sign shall not exceed'four feet by six feet
(4' x 6').
5. Said sign shall not be less than 15 feet from the
front property line along County Road 48 (Middle Road), and
not closer than ten (10) feet from the front property line
along Lipco Road.
6. Said sign shall not be illuminated.
7. Said sign shall be subject to compliance with the new
Page 12- Minutes
Regular Meeting of May 20, 1993
Southold Town Board of Appeals
(Pennacchia decision, continued:)
sign regulations pertaining to off-premises directional signs
which should become effective legislation in the future.
8. Said sign shall not be illuminated.
9. Before this sign may be placed on the premises,
said sign shall comply with the rules and regulations
of the Federal Highway Beautification Act and Federal Funding
Laws for Highways (Highway Law Section 88, etc.) -- which may
require a permit or other authorization from the N.Y.S.
Department of Transportation, as well as obtaining a written
.(building/sign) permit from the Town.
10. In the event of a sale or conveyance of the subject
land, the applicant must furnish the Board of Appeals with a
copy of the new owner's written consent authorization the
continued placement of this sign.
11.. Said sign must be maintained in good condition, other-
wise the Town may in its discretion order removal.
12. The wording and dimensions of this sign may not be
altered or changed in any manner unless prior written approval
has first been obtained from the Board of Appeals and other
applicable agency(cies).
13. This sign must be for directional purposes for
the restaurant located at premises now or formerly of Matt-A-Mar
known as County Tax Map Parcel No. 1000-114-3-1, and may not
be transferred to any other business use.
14. This variance does not expressly permit authorization
for any other sign which may be placed or intended in the future
for the subject restaurant or these premises.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
Page 13- Minutes
Regular Meeting of May 20, 1993
Southold Town Board of Appeals
HEARINGS CALENDAR FOR JUNE 22, 1993: On motion by
Chairman Goehringer, seconded by Member Dinizio, it was
RESOLVED, to authorize and direct advertisement of the
following matters for public hearings to be held during a Regulr
Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold
Town Hall, 53095 Main Road, Southold, NY 11971, on TUESDAY,
JUNE 22, 1993, commencing at the times specified below:
7:30 p.m. Appl. No. 4172 - JANET A. FERGUSON. Request
for Variance to the Zoning Ordinance, Article X, Section
100-101 (Bulk Schedule) for permission to construct
single-family residence (in lieu of constructing business
building with reduced setback and side yards as noted in
Appeal No. 1705 issued March 8, 1973). This parcel consists of
34,550+- sq. ft. and is located in the "B" Business Zone
District. Location of Property: Westerly side of Central
Avenue, Fishers Island, NY; County Tax Map Parcel No.
1000-006-008-006.
7:35 p.m. THOMAS W. BUCKNER. Property Location:
Private Road off East End Road, Fishers Island, NY; County Tax
Map Parcel No. 1000-010-05-2.2.
(a) Appl. No. 4152 - Request for a variance under
Article XXIII, Section 100-239.4(C) to permit addition to
dwelling with an insufficient setback from freshwater wetlands;
(b) Appl. No. 4171 - Request for a variance under
Article III, Section 100-32, Bulk Schedule, for permission to
construct westerly addition to dwelling with an insufficient
side yard setback in this R-120 zone district.
7:40 p.m. Appl. No. 4168 - THOMAS AND KATHLEEN
MANGIAMELE. Request for variance under Article IIIA, Section
100-30A.4 (100-33) for permission to locate accessory garage in
the front yard area. This parcel technically has two front
yards. Location of Property: 3180 Duck Pond Road, Cutchoque,
NY; County Tax Map Parcel No. 1000-83-2-19.7.
7:45 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD. and
ALLBOBRICK REALTY CORP. Request for approval of square
footage/dimensions of second ground sign, as proposed. Location
of Property: 13400 Main Road, Mattituck, NY. Subject premises
is zoned Hamlet-Business and is identified as Suffolk County Tax
Map Parcel No. 1000-114-11-9.3.
Page 14 - Minutes
Regular Meeting of May -2~ 1993
Southold Town Board of Appeals
(RESOLUTION TO SET-UP NEXT HEARINGS CALENDAR, continued:)
7:50 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS
(as contract vendees). (Owners: John Phillipedes, and others).
Request for Variance to the Zoning Ordinance, Article XXIII,
Section 100-239.4A, and Article XXIV, Section 100-244B, for
permission to locate new dwelling structure with an insufficient
setback from the bank along the Long Island Sound and sideyards
at less than the required 25 feet. This application is a new
location different from that considered and alternatively
granted under Appeal No. 4078 rendered April 22, 1993. Location
of Property: North Side of Soundview Avenue, Southold, NY;
County Tax Map Parcel No. 1000-135-1-27. This parcel is
nonconforming as to total lot area at 11,000+- sq. ft.
7:55 p.m. Appl. No. 4174 - HENRIETTA AND ARTHUR
MORMILE. Request for Variance to the Zoning Ordinance, Article
IIIA, Section 100-30A.3 for approval of nonconforming lot area
of two parcels in the pending application for re-division of
land. Location of Property: 270 Private Road ~6, Laurel, NY;
County Tax Map Parcel No. 1000-128-4-9, 15 and 16. Total area
combined is approximately 23,000 square feet.
8:00 p.m. Appl. No. 4176 - JOHN AND CONSTANCE CRONIN.
Request for Variance to the Zoning Ordinance, Article IIIA,
Section 100-30A.3 for approval of deck with insufficient rear
and side yards and in excess of lot coverage limitation.
Location of Property: 1055 Old Orchard Lane, East Marion, NY;
County Tax Map Parcel No. 1000-37-3-7.
8:05 p.m. VARUJAN ARSLANYAN. Request for Variance to
the Zoning Ordinance, Article SD[III, Section 100-239.4 as
amended May 20, 1993 for permission to construct open deck-spa
addition with an insufficient setback from the bank along the
Long Island Sound. The lot area and width of this parcel are
nonconforming and are located in the R-40 Residential Zone
District. Location of Property: 54455 County Road 48,
Greenport (near Southold); County Tax Map Parcel No.
1000-52-1-8; also referred to as Combined Lot #1 & 2 on the Land
Map of Young & Goodale.
8:10 p.m. PATRICIA STIEFER. This is an Appeal of the
June 2, 1993 Notice of Disapproval issued by the Building
Inspector for action by the Board of Appeals under the
definition of "family" at Section 100-13 for a determination
that premises may or may not be occupied by up to eleven (11)
persons unrelated by blood, marriage or adoption. Location of
Property: 6760 Sound Avenue, Mattituck, NY; County Tax Map
Parcel No. 1000-121-4-8.1; also referred to as Lots #1 and #2 of
the Minor Subdivision of Sundown Farms. Subject premises
contains a total area of 13.3658 acres.
Page 15 - Minutes
Regular Meeting of May 20, 1993
Southold Town Board of Appeals
(RESOLUTION TO SET-UP NEXT HEARINGS CALENDAR, continued:)
8:20 p.m. Appl. No. 4169 - Application by GORDON PRICE
seeking a Reversal of Building Permit #21375Z issued by the
Building Inspector on April 29, 1993 to Mark and Mary Bess
Phillips, owners, on the grounds that applicant misrepresented
that the proposed use is an agricultural building, Article III,
Section 100-31A(2) of the Zoning Ordinance. Location of
Property: 24850 Main Road (S.R. 25), Orient, NY; County Tax
Map Parcel No. 1000-018-06-005. Subject premises consists of
10.5+- acres and is located in the R-80 Zone District.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
Page 16 - Minutes
Southold Town Board of Appeals
Regular Meeting of May 20, 1993
OTHER/REMINDERS:
Agenda Item No. III:
A. Committee Meeting: Planning & Zoning Co~m~ittee -
scheduled by Committee Chairman Thomas Wickham for Tuesday,
May 25, 1993 to discuss "mergers" under the Town Code. Our
office has submitted a draft proposed Local Law for
consideration. The Chairman and Member Dinizio indicated that
they were planning to attend. (No other meeting dates of P & Z
were set, as yet.)
B) Legislative Code Committee - scheduled for the
following dates by Committee Chairman George Penny co~,~,encing at
7:30 p.m.:
Wed., May 26, 1993
Wed., June 9, 1993
Wed., June 23rd
Wed., July 14th
Wed., July 28th.
IV. OTHER REVIEWS:
A. Appl. No. 4161 - Application of BARBARA KUJAWSKI.
Awaiting response from Planning Board concerning split in 1976
as requested by previous ZBA memorandums. Also await response
from Attorneys Ongioni & Borelli who represent Barbara Kujawski
before calendaring for final public hearing and action.
* * *
B. Appl. No. 4119SE and 4120 - WILLIAM GOODALE.
Final hearing as per interim decision rendered in 1992. Letter
authorized to be sent to J. Kevin Mclaughlin, attorney for Mr.
Goodale. Hearing will be advertised for the latter part of June
1993.
C. State Environmental Quality Review (SEQRA):
Unlisted Action Declaration (uncoordinated) for off-premises
directional sign.
D. SEQRA Coordination - Town Trustees updates and/or
requests for concerns (if any):
1. Anthony Petrilli for new dwelling with deck,
Page 17 - Minutes
Southold Town Board of Appeals
Regular Meeting of May 20, 1993
etc. at East End Road, F.I. at 49+- feet from
edge of freshwater wetland.
John McGillian. Letter of non-jurisdiction
was issued by the Town Trustees.
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
Respectfully submitted,
..:.ApProved - Gerard
/" Chairman
RECEIVED AND FILED BY
SOUTHO .D
DATE ~/',~,/~3 HOUR
own Clerk" ~- -' '. Town