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Home My WebLink AboutZBA-02/01/1990 i '' o y` APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. ''701 Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 M I N U T E S REGULAR MEETING THURSDAY , FEBRUARY 1 , 1990 A Regular Meeting was held by the Southold Town Board of Appeals on Thursday , February 1 , 1990 commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, -Southold, New York. Present were: Gerard P. Goehringer, Chairman; Members Charles Grigonis , Jr . , Serge Doyen , Jr. , Joseph H. Sawicki and James D.inizio , Jr . Board Members absent were: None Also present were Doreen Ferwerda, the Board's Secretary and Court Stenographer (per contractual agreement with the Town for stenographic services) . The Board proceeded with the all the public hearings (as advertised in the Legal Notice) . During each of the hearings, testimony was given and the hearing was immediately concluded thereafter (except as noted in the attached Transcripts of Hearings) . The transcripts of all the hearings listed on the attached agenda have been prepared by a court stenographer, and copies of the board decisions as filed with the .Town Clerk's Office and S.E.Q.R.A. declarations are attached to this cover page together with the transcripts as the record of the board's actions for future reference. (No other minutes for this regular meeting have been prepared. ) :: :� Southold Town Board of Anneals '!�;'"• b�� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 1 441 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. AGENDA REGULAR MEETING THURSDAY, FEBRUARY 1, 1990 1.30 Meeting to Order I. PUBLIC HEARINGS: 7�30 p.m'. Appl. No. 3902 - HENRY HUNSTEIN. Variance to the Zoning Ordinance, Article III A, Section 100-30.3, (100-33) , ,as disapproved, for permission to construct accessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, -"Southold, County Tax Map No. 1000, Section 70, Block 13, .Lot 20.20. 7:35 p.m. Appl. No.,v3.9.01 - THOMAS ESCHMANN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A. 4, (100-33) , as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. 7:40 p.m.. Appl. No. '3905 - ANTHONY J. MERCORELLA. Variance _. to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as -disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 4. 7 : 45 p.m. Appl. No. 3904 - HARRIET SPILMAN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 B, for permission to construct addition to existing dwelling. proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Section 110, Block 1 Lot 7 . 3. Page 2 - Agenda Regular Meeting - February 1, 1990 Southold Town Board of Appeals 1� \ I. PUBLIC HEARINGS continue d 7:50 p.m. Appl. No. 3900 - GERHARD SCHREMMER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. 7:55 p.m. Appl. No. 3897 - J. PARKER WICKHAM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000, Section, 123, Block 01, lot 02. .8: 00 p.m. Appl. No. 3899 - AGNES AND CHERYL PAGNOZZI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive, Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17. 8:05 p.m. Appl. No-.. 3898 - PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B ( 6) , for permission to use existing barn for winery production and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19.,2. 8:10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3 . 8:15 p.m. Appl. No. 3908 - ROBERT OCHSENREITER AND EDWARD LENCESKI. Variance for reversal of building permit to construct a one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. _ T _ y Page 3 - Agenda _ Regular Meeting - February -1, 1990 Southold Town Board of Appeals I. PUBLIC HEARINGS, continued 8:20 p.m. Appl. No. 3895 - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of building inspector for change of use of land and existing building without obtaining a Certificate of Occupancy. Property Location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. 8:25 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to 'the Zoning Ordinance, Article XII, Section 100-121C - 122, Section 100-239d, as disapproved for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. II. RESOLUTION determining N.Y.S. Environmental Quality Review Act status on the following Type II Actions (no further SEQRA action required) : (a) Appl. No. 3902 - Henry Hunstein (b) Appl. No. 3901 Thomas Eschmann (c) Appl. No. 3905 - Anthony J. Mercorella (d) Appl. No:-.1904 - Harriet Spilman (e) Appl. No. 3900 - Gerhard Schremmer (f) Appl. No. 3897 - Parker J. Wickham (g) Appl. No. 3899• -_ Agnes and Cheryl Pagnozzi (h) Appl. No. 3898 - Peconic Bay Vineyards . (i) Appl. No. 3882 - Bidwell Wineries (j ) Appl. No. 3908 - Robert Ochsenrieter and Edward Lenceski (k) Appl. No. 3895 - Robert and Ethelle Schroeder III. DELIBERATIONS/DECISIONS IV. RESOLUTION approving Minutes of the following Meetings: December 7, 1989 January 9, 1990 January 22, 1990 Page 4 - Agenda Regular Meeting - February 1, 1990 Southold Town Board of Appeals 1 C V. MISCELLANEOUS: A. RESOLUTION, scheduling the following matters for a Public Hearing to be held on Thursday, February 15, 1990. 1. Appl. No. 3910 - Southold Agway 2. Appl. No. 3879 - Charles Malone 3 . Appl. No. 3759 - Anthony Scarmato VI. APPLICATION REVIEWS: B. Matters Ready for Next Hearings Calendar: 1. Appl. No. 3903 - Linda Dambassis 2. Appl. No. 3906 - Charles Colombo 3 . Appl. No. 3907 - Nicholas Aliano 4. Appl. No. 3909 - Joseph Cornacchia 5. Appl. No. 3911 - Walter Rafferty 6. Appl. No. 3912 - Edward Birdie 7 . Appl. No. 3914 - Eva Halla - 8. Appl. No. 3915 - Jordan' s Partner VII. UPDATES: A. Possible vote of .Board to declare Lead Agency status of the Appl. No. 3913 - Gustave Wade. B. CODE COMMITTEE: Updates for the Board for this week' s meetings. NEXT CODE COMMITTEE DATE: Southold Town Board of Appeals February 19. 1990. Regular Meeting J S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3902 Project/Applicants: Henry Hunstein County Tax Map No. 1000-70-13-20 . 20 Location of Project: 90 Kinberly Lane and 135 North Bayview Road Southold Relief Requested/Jurisdiction Before This Board in this Project: Construct accessory building in frontyard area. 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. An Environmental Assessment (Short) Form has been submitted With the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type ZI Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2" . For further information, ,please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at / (516) 765-1809. ;. tr Southold Town Board of Appeals February, . 1 , 1990 - ,; Regular Meeting S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3901 Project/Applicants: Thomas Eschmann County Tax Map No. 1000-145-4-10 Location of Project: 495 Mesrobian Drive , Laurel Relief Requested/Jurisdiction Before This Board in this Project: Accessory building in front yard area and accessory shower in sideyard area. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type TI Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, .please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at i . .. (516) 765-1809. tr , Southold Town Board of Appeals February 1 , , 1990 Regular Meeting (Environmental Declarations , Continued: ) S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3905 Project/Applicants: Anthony J . Mercorella County Tax Map No. 1000-145-4-4 Location of Project: 2260 Great Peconic Bay Boulevard , Laurel Relief Requested/Jurisdiction Before This Board in this Project: Deck addition less than 75 feet from bulkhead CThis 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr Southold Town Board of 'Appeals February 1 , 1990 Regular Meeting (Environmental Declarations , Continued: ) S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3904 Project/Applicants: Harriet Spilman County Tax Map No. 1000-110-1-7 . 3 Location of Project: 1730 West Creek Avenue , Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Addition to existing dwelling within 75 feet of bulkhead. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established- list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any .other, agency' s interest as an involved agency under SEQRA 617 .23Jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr Southold Town Board of Appeals February 1 , :1.990 Regular Meeting S.E.O.R.A. TYPE II ACTION DECLARATION Appeal. No.: 3900 Project/Applicants: Gerard Schremmer County Tax Map No. 1000-80-2-1 Location of Project: 1380 Oak Drive , Southold Relief Requested/Jurisdiction Before This Board in this Project: One family dwelling insufficient front and side yard setbacks . Insufficient width. i 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type TI Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.---- tr Southold Town Board of Appeals February 1 , 1990 Regular Meeting S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 38.97 Project/Applicants: Parker J . Wickham County Tax Map No. 1000-123=1-2 Location of Project: 410 Airway Drive , Mattituc'k Relief Requested/Jurisdiction Before This Board in this Project: Construct building for antique vehicles . Proposed construction will have bulk , area •and parking reg.ul ati o_ns and insufficient . side yard setback . CThis 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board.' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type TI Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall. not, however, affect any other agency' s interest as an involved agency under SEQRA 617.2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr s Southold Town Board of Appeals February1 , : 1990�- Regular Meeting S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3899 Project/Applicants: Agnes and Cheryl Pagnozzi County Tax Map No. 1000- 70-5-17 Location of Project: 1450 Jockey Creek Drive , Southold Relief Requested/Jurisdiction Before This Board in this Project: Addition to existing dwelling insufficient side yard. CThis 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. An Environmental Assessment (Short) Form has been. submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type TI Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Mdin Road, Southold, NY 11971 at (516) 765-1809. F. tr So;ithol d Town Board of Appeals February .1;,. 19.90 Regular Meeting -is r- c S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3898 SE Project/Applicants: Peconic Bay Vineyards County Tax Map No. 1000- 103-1-19. 2 Location of Project: 32180 Main Road , Cutchogue' Relief Requested/Jurisdiction Before This Board in this Project: Permission to use -existing barn for winery production . CThis 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type TI Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, •please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. A tr Sou,thold Town Board of Appeals Febrtiar 1 . 1990 Regular Meeting � J I S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. ' 3908 Project/Applicants: Robert Ochenreiter and Edward Lenceski County Tax Map No. 1000-139-3-14 Location of Project: 565 Bayer Road , Mattituck ' Relief Requested/Jurisdiction Before This Board in this Project: Variance for reversal of building permit to construct one family - dwelling. . 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type Ti Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, .please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr Southold Town Board of Appeals Regular Meeting: February 1 , 1990 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary , a,',F'IVED .AND FILED BY THE SOUTHOLD TOWN CLEM I)ATE IA l - HOUR man ,