Loading...
HomeMy WebLinkAboutZBA-05/23/1985 i t Southold Town Board of Appeals -2- May 23 ; 1985 Regular Meeting 7 : 50 p .m. Appeal No . 3346 - Public Hearing was held in the Matter of the Application of REYNOLD BLUM for a Special Exception to the Zoning Ordinance for a winery for the production and retail sale of wine from grapes primarily grown on the vineyard known as "Peco..nic" Bay; .Vi,neyar,ds , " 31320 , Main Road', Peconic , . NY . The Chairman read the legal notice of hearing and application for .the record . Mr. Blum was present and spoke in behalf of his application . No verbal or written opposition was received for the record . (For the verbatim particulars .of the hearing , please - refer to separate transcription attached and simultaneously filed with the Town Clerk ' s Office herewith . ) Following the hearing , motion was.. made by Mr. Goehringer , seconded by Mr. Douglass , to conclude (close ) the hearing pending deliberations . . This resolution was unanimously adopted and the hearing was declared closed . 8 : 00 .p .m . Appeal No . 3341 - Public Hearing was held in the Matter of the Application of HELEN M. CONWAY for approval of insufficient lot area , depth and width of parcel to be set-off from six-plus acres at Chestnut Road ,' Southold , NY . Rudolph H . Bruer , Esq . , attorney for the applicant , requested a recess of this matter pending a response from the Suffolk County Health Depart- ment , which may require Article VI. approval for ' the proposed subdivision . The Chairman opened the hearing and read the application and legal notice for the record. Accordingly , on, motion by Mr. Goehringer , seconded by Messrs . Sawicki and Grigonis , it was RESOLVED, to recess Appeal No . 3341 , public hearing in the application of HELEN M. CONWAY , without date , pending a reply and/or approval from the .Suffolk County Health Department , pursuant to the applicant ' s attorney ' s request . Vote of the Board: Ayes : _ Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . . 8 : 02 p .m. Appeal No. 3361 - Public Hearing was held in the .Matter of the Application for JEAN_ C ..__ HOLLAND for approval of insufficient lot area and width of two parce.ls , ,.known as Lots 326 and 327 on Map of Nassau Point, Section C , and Lots 36 and .37 on Map of Walter C. Grabie , Cutchogue9 NY . Chaiirman ;IGoehringer,;read,, the. l,egad. ..notice _ of hearing and ..appeal . appl.ication for the record. ' Southold Town Board of .Appe,al s -3- May 23, 1 985. Regular Meeting (Appeal No . 3361 - JEAN C . HOLLAND, continued : ) Michael J . Hall , Esq . was present .and spoke in behalf of the application . During the hearing , Mr . Hall ;indicated -that the--smaller. (vacant ) parcel appears to be closer to 36.,000 sq . ft . in area rather than the 40 ,000 indicated in the application . Mr . Hall,-,, was asked to < submit a survey certified by a surveyor indicating the exact relief requested from the board. (Please see verbatim transcription prepared under separate cover and filed simultaneously wit"h the Town Clerk ' s Office herewith . ) Following the hearing, motion was made by Mr. Goehringer , seconded by Mr . Sawicki , to recess Appeal No . 3361 in the. Matt.er of JEAN C. HOLLAND until the next Regular. Mee.t,ing of the board , to w"it : June . 13 , 1985 , pending "receipt" of the requested , surveys . Vote of the Board : Ayes : Messrs . Goehringer, Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of al1 ` the members . 8 : 17 p .m. Public . Hearing wa's held in the Matter of the Application of PHILIP REINHARDT, Appeal No . 3342 , for approval of insufficient area , depth and width of two parcels -at the North Side. of Pine Neck Road , Southold , NY . The Chairman read the legal notice of hearing and appeal application for the record- It was noted that a response was received from the Suffolk County Department of Health Services indicating that " . . . the proposed subdivision is' in nonconformance , to S . C . Article VI which requires a .minimum lot size of 40 ,000 sq . ft . when served by individual water supply system. Our records indicate that well in ,.the general area are of good quality but are shallow and do not meet current SCDHS stan- dards . Subsoil conditions are needed to determine the suitability of .the site for sewage disposal systems . Due to the shallow nature of the wells , care must be exercised. in locating sanitary systems to ensure no adverse effects on the wells . . . Signed Walter G . Lindley 548-331"7 . " The Chairman asked if there was anyone present that wished to be heard concerning this application- (There was no response . ) The Chairman further indicated that Rudolph H . Bruer , Esq . has requested a.n "open recess " of this matter until such time as. they have been able to obtain Article VI approval from the Suffolk County Health Department . - On motion by Mr . Goehringe,r ,. seconded by Mr. Douglass , it was RESOLVED , to RECESS WITHOUT DATE Appeal No . 3342 in the Matter of the public; hearing of PHILIP REINHARDT pending Article VI approval . , Soufho.l d. Town. .Boa.r,d, of .Appeal s -4- May 23 , 1985 Regular Meeting (Appeal No . 3342 = PHILIP REINHARDT, continued: ) Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all- the members . . 8 : 10 p .m. Public Hearing was held in the Matter of the Application of ANDREW AND IDA PITRE , . Appeal No . 33.51 , for approval of the construc- tion of an 8 ' by 10 ' ' accessory storage shed in fronty-ard area at 670 Holbrook Lane ( Private Road #15 ) , Mattituck , NY . Mr. Pitre was present and spoke in behalf of his application . (Miss_ Wi.ckh'am_, attorney for Mr . Pitre ,was not present . ) The Chairman read the legal notice. of hearing and appeal application for the record. (Please see separate transcript of verbatim statements of hearing filed simultaneously herewith . ) Following the hearing , motion was made by Mr . .Goehringer , seconded by Mr. Sawicki , to conclude (close ) the hearing , pending - deliberations . Vote of the Board : Ayes : Messrs . Goe.hringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . PENDING DECISION : Appeal No . 3345 : Bruce Vitale . The board did not received the requested floor plan , and the Secretary was authorized and directed to contact Mr. Vitale requesting same by June 7th if possible for action.. DATE OF 'NEXT MEETING: On motion by Mr . Goehringer , seconded by Mr . Douglass , it was RESOLVED , that the Date of the Next Regular Meeting of this board be and hereby is scheduled for THURSDAY , JUNE 13 , 1985 commenc- ing at 7 : 30 p .m. , and be it FURTHER RESOLVED, that the Secretary ;i!s _hereby authorized and directed to adverise notice of the, following matters for public hearings in the..l.ocal and official newspapers of the town .,comm6ncing at 7 : 30 p .m. and as follows : 7 : 30 p .m. HELEN CONWAY (if response is received by 6/11 adver- tising deadline ) 7 : 40 p .m . -JAY P . & M. SLOTKIN 7 : 35 p .m . ALICE SZALA 7 : 45 p .m. EUGENE DAVISON 7 : 55 p .m . THOMAS YASSO 8 : 00 p .m. JEAN HOLLAND (advertisement not required ) 8 : 10 p .m. HOWARD L . YOUNG (advertisement not required ) . Vote of the Board :. Ayes : - Messrs . Goehringer , Grigonis , Doyen, Douglass and Sawicki . This resolution was unanimously adopted. Southold Town Board of Appeals -5- May 23, 1985 Regular Meeting PENDING DECISION : Appeal No . 3346 : , ,Application of REYNOLD BLUM , Peconic Bay Vineyards , 31320 Main Road , Cutchogue , NY for a Specia Exception to the Zoning Ordinance , Article III , Section 100-30 ( B) [14] for approval of the establishment of a winery at Peconic Vineyards premises known as 31320 Main Road , -Cut- chogue , NY ; County Tax Map District 1000 , Section 103 , Block Ql , part of Lot 19 . 11 ; more particularly identified as Parcel 1 of 24 . 249 acres as approved by the Planning Board 6/2/80 . WHEREAS , a public hearing was held and concluded in the Matter of the Application of REYNOLD BLUM on May 23 , 1985 ; and WHEREAS , the board members have personally viewed and are familiar with the subject premises as well as' its surrounding area ; and WHEREAS , the board has considered all testimony and documentation entered into ,the record in this matter , as well as items (A) t.hrough (1 ) of Article XII , Section .100-121 ( C) [2] of the Zoning Code ; and WHEREAS , the board made the following findings of fact :. 1 . The property in question is located in an ".A-80 " Residential and Agric-ul.tural Zoning District having frontage of 357 . 23 feet along the Main Road and 198 . 6.2 feet along the easterly side of Stillwater. Avenue and an area ,of 24 . 249 acres , more particularly known as Lot #1 of the 6/2/80 Subdivision approved by the Town Planning .Board , an.d County Tax Map District 1000 , Section 102 , Block 0.1 , Part of Lot 19. 11 . 2 . The subject -24. 249 acres is improved with one barn structure presently set back from the front ,property line along the Main Road of 165± feet and from the easterly property line 17± feet ; 3. This is an application for a Special Exception for a winery for the production and retail sale of wine. -produced from grapes pri - marily grown ' on the vineyard on which this winery is proposed to be located , provided by Article III , Section 100-30 (B ) [14] of the Zoning Code on the existing vineyard anal farm on this 24.249-acre parcel to be located within the existing.. barn structure and proposed addition as shown on the sketch plan submitted with .the subject application received 3-22-85 ; ' (total approximate dimensions for the winery structure shown : 76 ' wide at the back side , 60 ' deep at the east side , 46 ' wide at the front side , and 34 ' deep at the west side ) . 4 . It is noted for the record that an application for site plan approval has been filed with the Southold Town Plann-ing Board , and although no official action has been taken , the Planning Board has recommended approval of the Special Exception proposal Southold Town Board of Appeals -6- May 23 , 1985 Regular Meeting (Appeal No . 3346 - REYNOLD BLUM, continued : ) as submitted (resolution of 4- 1 -85 ) ; 5. It is the opinion of the board that the effect of Article III , Section 100-30 ( B) [14] limits this Special Exception approval to the production and retail sales of wine " . . . produced from grapes primarily grown on the vineyard on which such winery is located . . . " and does not permit the sale of grapes imported and/or processed , or wine , from other than the vineyard in question . In considering this application , the board determines : (1 ) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (2 ) the safety , health , welfare , comfort , convenience and order of the town will not be adversely affected by the proposed use and its location ; (3 ) the use is in harmony with and will pro- mote the general purposes and intent of zoning . Accordingly , on motion by Mr . Grigonis , seconded by Mr. Sawicki , it was RESOLVED , that a Special Exception for the production and retail sale of wine in the proposed winery structure with addition to be located at the vineyard known as " Peconic Bay Vineyards , " BE AND HEREBY IS APPROVED as applied under File No . 3346 in the Matter of the Application of REYNOLD BLUM , SUBJECT TO THE FOLLOW- ING CONDITIONS : 1 . 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 ) ; 2 .. This special exception approval is limited to the production and retail sale of wine produced from grapes primarily grown on the vineyard on which such winery is located ;. 3. The effect of this special exception shall be in accordance with Article III , Section 100-30 (B) [14] . 4. Any changes from the site and sketch plans submitted and approved hereunder will require additional Special Exception application and approval from this board . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . S6uthold Town Board of Appeals -7- May 23 , 1985. Regular Meeting PENDING DECISION : Appeal No . 3339: Application for .GUY SOBERING (by P. Cardinale , Esq . ) , Sound ' Avenue , Mattituck., NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of insufficient area of lots. in this proposed two-lo.t division of land located on the North ; Side of Sound Avenue , Mattituck , NY; County Tax Map District 1000 , Section 121 , Block- Ol , Lot 3 . 1 . WHEREAS., a public hearing was held and concluded in the Matter of the Application for GUY SOBERING on May 2 , 1985 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question as well as its surrounding area ; and WHEREAS , the board has considered all testimony and documentation entered into the- record in this matter; and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in an "A-80" Residen- tial and Agricultural Zoning District and is located on the North Side of Sound Avenue_, Mattituck , approximately 1474 feet east of Bergen Avenue , and is identified on the Suffolk County Tax Maps as District 1000 , Section 121 , Block 01 , Lot 3. 1 ; 2 . The subject premises contains a total acreage of 2 . 911 acres as certified by Howard W. Young , L . S . by survey. most recently dated. January 14 , 1985 ; 3 . By this application , appellant requests approval : (a ) of proposed Lot #1 of an area of 63 ,404 sq . .ft. with 357 . 96 ' frontage along Sound Avenue and which is. improved with a single-family , two- story house set back at its nearest point from. the front property line 41 . 6 feet , and (b) of proposed Lot #2 o,f an area of 63 ,405 sq . ft . with 198. 84 ' road frontage and which is impro.ved with a wood-frame structure and concrete . foundation , set back 38 . 6 feet at its nearest point from the front (south ) property line . 4.. For the record , it is noted that the, premises in question , was the subject of a prior decision rendered by the Board of Appeals , on February. 2.7 , 1975 under Appeal No . 2003 restricting the premises . to contain not less than 40 ,000 sq . ft . in area (which was the minimum lot area at that time for each lot in a land division ) . — 5 ., . It is also noted for the record that the parcel to the Southold Town. Board of Appeals -8- May 23 , 1985 Regular Meeting (Appeal No . 3339 - GUY SOBERING , continued: ) east of proposed Lot #2 identified as District 1000 , Section 121 ,. Block 01 , Lot 3 . 2 , contains 40 ,000±. sq . ft . in area with an exist- ing dwelling structure ( Building Permit #8083Z dated 7/18/75 ) . In considering this application , the board has determined that the relief as requested be granted since : (1 ) the relief requested is not substantial in relation to the zoning require- ments ; (2 ) the variance will not adversely affect adjoining properties and will not change the character of the district since the premises have been. used for single-family purposes and no additional dwelling unit (s ) would be permitted [excepted by legis- lative action of the Town Board to amend the present zoning regula- tions] ; (3 ) the .circumstances are unique ; (4) practical difficulties are sufficient concerning the circumstances of this and the prior appeal applications ; ( 5 ) in view of the manner in which the difficulties arose , the interests of justice will be served . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED, that the relief requested under Appeal No . 3339 in the Matter of the Application of GUY SOBERING for approval of Lot #1 of 63 ,404 sq . ft . and Lot #2 of 63 ,405 sq . ft . , BE AND HEREBY IS APPROVED as shown on survey dated January 14 , 1985 and subject to there being no further front or side yard setback reductions (except as established or permitted by the zoning ordinance ) . Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was unanimously adopted . PENDING DECISION : Appeal No . 3351 : Application for ANDREW AND IDA PITRE , by A. Wickham , Esq . , Main Road , Mattituck , NY for a Variance to the Zoning Ordinance , Article III , Section 100-32 (100-30 ) for approval of an 8 ' by 10 ' accessory storage shed in the frontyard area at premises known as 670 Holbrook Lane (Private Road #15 ) , Mattituck , NY ; County Tax Map District 1000 , Section 113 , Block 06 , Lot 008 . Following deliberations , the board took the following action : _ WHEREAS , a public hearing was held and concluded in the Matter of the Application for ANDREW AND IDA PITRE on May 23 , 1985 ; and Southold Town Board of Appeals gig_ May 23 , 1985 Regular Meeting (Appeal No . 3351 - ANDREW AND IDA_ PITRE , continued : ) WHEREAS , the board members have personally viewed and are familiar with the premises in question as well as its surrounding area ; and WHEREAS , the board has considered all testimony and documentation entered into the record in this matter; and WHEREAS , the board made the ' following .findings of fact : 1 . The property in question is located in an "A" Residential and Agricul.tural Zoning District located at an intersection of two private rights-of-way - (Miller Right-of-Way ) and having frontage along the southerly property line of 95 . 82 feet along Howard ' s Branch of Mattituck Creek; 2 . The subject premises contains a total area of approximately 35 ,000± sq . ft . and is improved with one , single-family dwelling and the subject 8 ' by 10 ' accessory shed located 3± feet from the westerly property line . 4. By this application , applicant requests approval of the location of an 8 ' by 10 ' accessory storage shed located in one of the two frontyard areas on this "corner" lot . In considering this application , the board has determined : (1 ) that the location of the accessory shed is the most feasible and unobtrusive to the neighboring properties and the subject property ; (2 ) the relief requested if granted will not adversely affect adjoining properties and will not change the character of the district ; .(3) the circumstances are unique since the parcel in question is a corner Tot with limited buildable rearyard area ; (4 ) the interests of justice will be served by granting the variance as applied and noted below. Accordingly , on motion by Mr . Sawicki , seconded by Mr . Douglass , it_ was RESOLVED , that the relief requested under Appeal No . 3351 for approval of the location. of an 8 ' by 10 ' accessory storage shed in the frontyard area approximately three feet from the west property line , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING. CONDITIONS : 1 . No conversion of the storage shed into living or sleeping quarters ; r 2 . No closer than three feet from the west property line (as-.requested) Vote of the Board: Ayes: Messrs. Grigonis,. Douglass:_-Doyen and Sawicki . Member Goehringer abstained from vote. This resolution was adopted by majority vote of four of the five members. Southold Town. Board of ,Appeals 71,0-. May 23, 1985 Regular Meeting PENDING DECISION : Appeal No . 3344 : Application of HERODOTUS DAMIANOS , Pindar Vineyards , Main Road , Peconic , NY for a Specia Exception to the Zoning Ordinance , Article III , Section 100-30 (B ) [14] for approval of the establishment of a winery at Pindar Vineyard , premises known as 37645 Main Road , Peconic , NY ; County Tax Map District 1000 , Section 85 , Block 02 , Lot 15 . WHEREAS , a public hearing was held and concluded in the Matter of the Application of HERODOTUS DAMIANOS; and WHEREAS , the board members have personally viewe.d and are familiar with the subject premises as well as i_ts__ surrounding area ; and WHEREAS , the board has considered all testimony and documentation entered into the record in this matter , as well as items (a ) through (L ) of Article XII , Section 100-121 (C) [2] of the Zoning Code ; and WHEREAS , the board made the following findings of facts : 1 . The property in question is located in an "A-80" Residential and Agricultural Zoning District having frontage of 468 . 80 feet along the North Side of the Main Road (S . R. 25 ) and a total area of 36 . 944 acres as shown on site plan submitted and received by this board March 14 , 1985 , and identified on the Suffolk County Tax Maps as District 1000 , Section 85 , Block 02 , Lot 15 . 2 . The subject 36 . 944 acres is improved with the following structures : (1 ) singl.e-family , two-story frame house set back 37 feet from the front ( south ) property line and 68± feet from the side (west) property line ; (2 ) accessory . structure (wood frame barn ) situate five feet from the west side property line and containing approximately 564 sq . ft. in area ; (3 ) wood frame barn 125 ' in width and having approximately 6 , 556 sq . ft. in area which is the proposed winery structure and proposed 50 ' by 40 ' so-called "Morton 1984" structure ; (4 ) 25 ' by 35 ' wood frame barn structure accessory to the existing residence for storage purposes ; (5 ) 5 ' by 5 ' "pump house " structure 3. This is an application for a Special Exception for a winery for the production and retail sale of wine produced from grapes primarily grown on the vineyard on which this winery is proposed to be located , provided by Article III , Section 100-30 (B ) [14] of the Zoning Code on the existing vineyard and farm on this 36 . 944- acre parcel to be located within the existing "wood frame barn" structure having a total area of 6 , 556± sq . ft . as indicated on the photocopy of a survey submitted with the application and site plan received 3-14-85 . 4 . It is noted for the record that an application for the 'site plan approval has not as of this date been filed with the Southold Town Board of Appeals -11 - May 23 , 1985 Regular. Meeting (Appeal No . 3344 - HERODOTUS DAMIANOS , Pindar Vireya�ds , continued : ) Southold Town Plannin Board , which is a requirement of Article III , Section 100-30 (B�[14] , Article XIII, prior to the operation of such winery or issuance of any other town permits for such winery . 5 . It is also noted for the record that Building Permit #13754Z for a 45 ' by 72 ' accessory farm (barn ) structure for agricultural - storage purposes was issued by .the Building Inspector on March 15 , 1985 . 6 . It is the opinion of this board that the effect of .Article III , Section 100-30 (B ) [14] limits this Special Exception approval to the production and retail sales of wine " . . . produced from grapes primarily grown on the vineyard on which such winery is located . . . " and does not permit the sale of grapes imported and/or processed , or wine , from other than the vineyard in question . In considering this application , the board determines : (1 ) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (2 ) the safety , health , welfare , comfort , convenience and order of the town will not be adversely affected by the proposed use and its location ; (3 ) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Grigonis , seconded by Mr . Sawicki , it was RESOLVED , that a Special Exception for the production and retail sale of wine in the proposed winery structure located at the subject vineyard known as " Pindar Vineyard , " BE AND HEREBY IS APPROVED as applied under File No . 3344 in the Matter of the Application of HERODOTUS DAMIANOS, SUBJECT TO THE FOLLOWING . CONDITIONS : 1 . No sleeping or living quarters in the winery structure or accessory -buildings ; 2 . This special exception approval i. s limited the production and retail sale of wine . produced from the grapes primarily grown on the vineyard on which such winery is located ; 3 . The effect of this special exception shall be in accord- ance with Article III , Section 100-30 (B ) [14] ; and subject to site plan approved from the Southold Town Planning Board in accordance with Article XIII ; 4. Any changes from the site and survey plans submitted Southold Town Board of Appeals -12- May 23 , 1985 Regular Meeting (Appeal No . 3344 - HERODOTUS DAMIANOS , Pindar Vineyards , continued : ) and approved hereunder , or change in the location of the winery structure for the production and retail sale of wine as approved in the 125-foot wide "wood-frame building having 6 ,556± sq . ft. in area , " shall require additional Special Exception application and consideration by this board. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . APPROVAL OF MINUTES : On motion by Mr. Sawicki , 'seconded by Mr ., Grigonis_., i_t Was RESOLVED to approve the Minutes of the APRIL 1'1 , 1'985 and MAY 2 , 1985 Regular Meetings . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . WORK SESSION : The board members were not in agreement with the proposed Master Plan changes as drafted and furnished on May 9 , 1985 , and requested that all mentions of "special excep- tions " particularly not be acted upon at this t-ime by the Town Board to allow the Planning and Zoning Departments to meet as mutually suggested to discuss the Planning Board ' s proposal of shifting special exception authority . The present system has allowed a balancing concerning many areas which are before both boards (many examples were cited ) . The only area which would be considered to shift would be the " Resort Residential " zones (bed and breakfast , tourist camps , multiple dwellings , etc . ) Member Doyen would also like to be given an opportunity to parti - cipate in the Master Plan meetings , but would need at least 48 hours ' notice to arrange for transportation , etc . Chairman Goehringer also indicated several areas which should be con- sidered as "extensions of the present business zones " for office-type uses : west of Wells Pontiac along the Main Road , Peconic ; west of Sigsbee Road in Mattituck , and east of Cox ' s Lane along. the Main Road , Cutchogue (both north and south sides ) . Further input is to be made in the near future (ref . home occupations and other areas of the master plan ) . Southold Town Board of Appeals -13- May 23 , 1985 Regular Meeting COMMUNICATIONS : Appeal No . 2669 - JAMES AND MARY McGUIRE .. Correspondence was received May 17 , 1985 from Victor Lessard in behalf of the Building Department (pert Richard F. Lark , Esq . as Special Counsel for the 'Building Department ) indicating that Town Justice Tedeschi , in an ffort to resolve this situation , requested the Building Department to obtain an interpretation of what was meant when the ZBA used the word "goods" in Condition No. 2 of its decision rendered February 28 , 1980 . Since this is a matter pending in " People verses McGuire" in the Southold Town Justice Court , the Chairman indicated he would like to further research same and perhaps confer with legal counsel before responding at this time . PENDING MATTER: Appeal No . 3336 - ANN SABA by Patricia Sujeski for consideration of the set-off of proposed Parcel 1 as recommended by the Planning Board of 28 ,098 sq . . ft . in area and 160 ' frontage along Stillwater Avenue , Cutchogue , leaving Lot #2 of 27 . 397 sq . ft. for an existing one-family residence . A reply was not as of this date received . from the Suffolk County Department of Health Services concerning their position on the rules and requirements of Article VI . This matter will be placed on the next available agenda .upon receipt of the County Health Department ' s response (prior to June 20th ) . ENVIRONMENTAL DECLARATIONS : On motion by Mr . Goehrin.ger , seconded by Mr. Douglass , it was RESOLVED , to declare the following Environmental Declarations for each of the following matters having "nonsignificant" adverse effects on the environment for the reasons as noted therein , and in adccordance with the N . Y . S . Environmental Quality Review Act , Local Law 44-4 of ,the Town Code , and Article 8 of _t.he Environmental Conservation Law : (Appeal No . 3347 - ALICE SZALA) ' Souuthold Town Board of Appeals . -14- May 23 ,1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3347 PROJECT NAME: ALIGE :SZALA This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [ X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of access over private right-of-way for.ipassage by emergency , fire and other vehicles . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: private ROW known as Williamsburg Drive , Southold , NY , from S/s Main Bayview Road to 1000-78-5-17 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as p anned; (2) 1 he proposed road improvements are inland of existing structures .. Southold Town Board of Appeals -15-May 23, 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3361 PROJECT NAME: Jean Holland . This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance- for two parcels of land with insufficient lot area and width LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Lowland Road, Meadow Beach_ Lane, and Sunset Road Nassau Point, NY SCTM# 111-10-18 1& 2 REASON (S) SUPPORTING TIIIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; Southold Town Board of Appeals 716 May 23 , 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL. NO. : 3254 PROJECT NAME: EUGENE DAVISON This notice is issued pursuant. to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X ] Type II [ ] Unlisted ( ] DESCRIPTION OF ACTION: Approval of .lots of insufficient area and lot width in this proposed _division of land . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: South Side of Sound Avenue., Mattituck ; County Tax Map No . 1000-121 -3-5 . REASON'(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area ; (3) This is a lot-line variance not directly related to new construction by this particular application . Southold Town Board of . Appeals -1.7- May 23,, .1985. Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3359 PROJECT NAME: THOMAS YASSO (Williston Beverage ) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for- any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [ X] Unlisted [ ] DESCRIPTION OF ACTION: Variance pursuant to ZBA decision rendered 5/22/75 under Appeal No . 3189 for addition which will exceed lot cover- age for this " B-l " Business zoned parcel . LOCATION OF PROJECT: Town of Southold; County' of Suffolk, more particularly known as: South Side of Main Road , Mattituck; 1000-122-3-5 . REASON'(S) SUPPORTING THIS DETERMINATION: (1) Ah Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area . Southold Town Board of Appeals -18- May 23 , 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3357 PROJECT NAME: DR. JAY P . AND M. SLOTKIN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [ X] Unlisted ( ] u DESCRIPTION OF ACTION: Permission to construct addition to existing professional office . LOCATION OF PROJECT: Town of Southold: .County of Suffolk, more particularly known as: 49725 Main Road (a/k/a 50 Ackerly Pond Road ) , Southold , NY; 1000-70-05-004 . REASON'(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area :(/Except it is landward of an existing 50 ' state highway and other existing structures ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all* the members . / F ' ' Southold Town Board of Appeals -19- May 23 , 1985 Regular Meeting In reviewing each of the following pending applications , the Secretary was authorized and directed to send notice to each of the applicants for the documentation requested by the board before scheduling these:.:matters for,_:publie ; hearings . ( if not sent) : (1 ) Appeal No . 3348 - Charles P. Simmons (PB approval was received 5/8/85 - Await DEC action ) ; (2 ) Appeal No . 3352 and No . ,3353 - Genevieve Richards (Await DEC & PB) ; (3 ) Appeal No . 33-55 - Paul and Marietta Canalizo - Await DEC , Town Trustees. and wetland-setback distances on map together with lowest floor elevation of foundation since this is in a Flood Zone.. (4 ) Appeal No . 3354 - Long lislland ..iShores (Await DEC) ; (5 ) Appeal No . 3365 - Howard Hoey (Await PB coord . reply ) ; (6 ) Appeal No . 3367 - Lois Lesnikowski (Await DEC & PB ) ; (7 ) Appeal No . 3369 - Florence Rolle (Await Co . Health Article VI , Planning Board ) ; (8) Appeal No . 3252 - John Charles (Await Co . Health , Art . VI ) ; (9 ) Appeal No . 3349 - Cliffside Associates (Tidemark ) - pending SEQRA , await DEIS) ; (10 ) Appeal No . 3298 - Port of Egypt Enterprises . There being no other business properly coming before the board at this time , the Chairman declared the meeting adjourned. The meeting was adjourned at 10 : 10 p .m. Respectfully submitted , L nda F . Kowal ki , Secretary Southold Town Board of Appeals ��---, RECEIVED AND FI12D .BY erar1 P . Go' ' g e r Chairman June 13 , 1985 T"t3E SOliT IGLD TOVVN Cz ; ;: /0;3 8fM (Verbatim transcri t of hearings t0...be ..fi.1ed: W,ltA7he Town CTOunder separate cover for reference . ) Town Clerk, Town of South ld �o��FFo��oG o Southold Town Board of Appeals • �' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S REGULAR MEETING THURSDAY , MAY 23 , 1985 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday , May 23 , 1985 at 7 : 30 p .m. at . the Southold Town Hall , Main Road , Southold , New York . Present were : Gerard P . Goehringer , Chairman ; Charles Grigonis , Jr . , Serge' Doyen , Jr. , Joseph H . Sawicki , and Robert J . Douglass , constituting all the five members of the Board of Appeals . Also present were Victor Lessard , Building-Department- Administrator , and approximately 20 persons in the audience at the commencement of the meeting (Town Board Conference Room) . The Chairman opened the meeting at 7 : 35 p .m. and proceeded with the first public hearing on the agenda , as follows : 7 : 35 p .m. Appeal No . 3344 - Public Hearing was held in the Matter of the Application of HERODOTUS DAMIANOS for a Special Exception to the Zoning Ordinance for a winery for the production and retail sale of wine from grapes primarily grown on the vine- yard known as "Pindar Vineyards , " 37645 Main Road , Peconic , NY . The Chairman read the legal notice of hearing and application for the record . Mr . Damianos was present and spoke in behalf of his application . No verbal or written opposition was received for the record . (For the verbatim particulars of the hearing , please refer to separate transcription attached and simultane- . ously file-d with the Town Clerk ' s Office herewith . ) Following the hearing , motion was made by Mr. Goehringer , seconded by Messrs . Grigonis and Sawicki , to conclude the hear- ing pending deliberations . This resolution was unanimously adopted - and the hearing was concluded .