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Home My WebLink AboutZBA-03/01/1990 SPEC o��FFOL�C�G o y� A EALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman . Charles Grigonis, Jr. Ol 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 SPECIAL MEETING THURSDAY , MARCH 1 , 1990 A Special Meeting was held by the Southold Town Board of - Appeals on Thursday ,, March 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; Serge Doyen, Jr. , Charles Grigonis, James Dinizio Absent was: Joseph Sawicki The Board proceeded with the first item on the agenda, said agenda attached for reference. O of r 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. JOSEPH H.SAWICKI JAMES DINIZIO,JR. AGRNDA SPECIAL MEETING . THURSDAY, MARCH 1, 1990 7:30 Meeting to Order I. DELIBERATIONS/DECISIONS 7:30 p.m. Appl. No. 3910 - SOUTHOLD AGWAY. Variance to the Zoning Ordinance, Article XXIII, Section 100-230 C (1) , Section 100-231 A, for permission to construct a 6 ft. high fence in the front yard area. Property Location: 1750 Youngs Avenue, Southold, County Tax= Map' No. 1000, Section 60, Block 1, Lot 5. 7:35 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230 C ( 1) , Section 100-231 A, for permission to construct 6 ft. fence in front yard, area; fence exceeds permitted 4 ft. in height. Property Location: 358 North Sea Drive, Sduthold, County Tax Map No. 1000, Section- 54, Block 5, Lot 19. II. APPLICATION REVIEWS A. 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 & Corrine Birdie 7. Appl. No. 3914 - Eva Halla 8. Appl. No. 3915 - Jordan' s Partners 9. Appl. No. 3917 - Umbrella Home Care 10 . Appl. No. 3916 - George Reinhardt 11. Appl. No. 3918 - John Simicich Page 2 - Agenda Town Board of Appeals Special Meeting - March 1, 1990 III. MISCELLANEOUS: A. Discuss the Appl. No. of Gus Wade and determine Lead Agency and Status of .Application. B. COMMUNICATIONS - Written concerns from Board of Trustees, concerning the application of Gus Wade (Information Enclosed) . C. COMMUNICATIONS - Written concerns from Michael Herbert, regarding Appl. No. 3924 - would like to be put on the Agenda for the March Hearing. IV. RESOLUTION approving the Minute's of the following Meeting: September 21, 1989 - With the exception of information on Port of Egypt. VI. UPDATES A. CODE COMMITTEE: Updates for the Board for this week' s meetings. NEXT CODE COMMITTEE MEETING DATE: B. Resolution to schedule and advertise for our next Regular Meeting tentatively set for March 22, 1990. o ` , ?lam I....... :: �$_ Southold Twnohoard 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. JOSEPH H.SAWICKI JAMES DINIZIO,JR. AC'TION OF THE BOARD OF APPEALS Appl. No. 3910 Matter of SOUTHOLD AGWAY. Variance to the Zoning Ordinance, Article XXIII, Section 100-230 C (1) , Section 100-231 A, for permission to construct a 6 ft. high fence in front yard area. Property Location: 1705 Youngs Avenue, Southold, County Tax Map No. 1000, Section 60, Block 1, Lot 5. WHEREAS, a public hearing was held and concluded on February 15., 1990 in the matter of the Application of SOUTHOLD AGWAY under Appeal No. 3910 ; and WHEREAS, at said hearing all those who desired to be heard . were heard and their testimony recorded; 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 located along the west side of Youngs Avenue, Town of Southold, and is identified on the . Suffolk County Tax Maps .as District 1000, Section 60,. Block 1, Lot . 5. 2. This is an application for Variances from the zoning Code Article XXIII, Section 100-230 C (1) , Section 100-231 A, for permission to construct a' 6 ft. high fence in front yard area. r Page 2 - Appl. No. 3910 Matter of Southold Agway Decision rendered March 1, 1990 3. Article XXIII, Section 100-230 C (1) , C. Exceptions.. to yard requirements. (1) Permitted obstructions. Cornices or cantilevered roofs may project not more than (2) feet into a required yard. Belt Courses, windowsills and other ornamental features may project not more than six ( 6) inches into a required yard. Fences or walls not over four ( 4) feet in height may be erected anywhere on the lot, except as set forth in 100-232 herein. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within fifteen ( 15) feet of a street line or four ( 4) feet of property line. 4. The property in question is located in the "Light Industrial" Zone District and will contain an area of 4.2337 Acres. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the 6 ft. high fence anywhere in the front yard will require other variance relief; (c) that the area chosen for the fence is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, Seconded by Mr. Dinizio, it was - Matter of SOUTHOLD AGWAY Decision rendered on March 1, 1990 RESOLVED, to GRANT a Variance in the matter of the application of SOUTHOLD AGWAY as applied under Appeal No. 3910 for the placement of a chain link fence 6 ft. in height, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the chain link fence not exceed 6 ft. in height and not contain razor wire or bob wire. 2. That the chain link fence be 22 ft. from the building cowards Youngs Avenue and that the south corner be inside the property line 20 ft. 3 . That the chain link fence not exceed 70 ft. running north and not enclose front door of said building. 4: That plantings be placed 18 ft. back inside fence if elevated above ground, for a sight easement at the corner of the driveway for when entering/exiting onto Youngs Avenue and fence enclosement remain unroofed. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki) . This resolution was duly adopted. df GERARD P. GOEHR.INGER, CHAIRMAN APPEALS BOARD MEMBERS ;'`' N SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. T` P.O. Box 1119 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 ACTION OF THE BOARD OF APPEALS ?Appl. No. 3879 Matter of CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230 (1) , Section 100-231 A, for permission to construct a 6 ft. fence in frontyard area,fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. WHEREAS, a public hearing was held and concluded on February 15, 1990 in the matter of the application of CHARLES MALONE under Appeal No. 3879; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 north side of Sound View Avenue, Town of Southold and is identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 5, Lot 19. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-230 C ( 1) , Section 100-231 A, for permission to construct a 6 ft. fence in frontyard area, fence exceeds permitted 4 ft. in height. Page 2 - Appl. No. 3879 Matter of CHARLES MALONE Decision rendered 3. Article XXIII, Section 100-230 C ( 1) , Section 100-231 A, Permitted obstructions. Cornices or cantilevered roofs may project not more than two (2) feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six ( 6) inches into a required yard. Fences or walls not over four (4) in height may be erected anywhere on the lot, except as set forth in 100-232 herein. Paved terraces, steps and walks (other than such as are needed .for access to the buildings on the lot) shall not project within fifteen (15) feet of 'a street line or four ( 4) .feet of a property line.. Article XXIII, Section 100-231 A, when located in the front yard along the front lot line, the same shall not exceed four ( 4) feet in height. 4. In considering this application, the Board finds and determines: ( a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for the appellants to pursue; and placing tie fence in any other location on the premises will require other variance relief; (c) that the area chosen for the fence is not unreasonably located; (d) that the variance will3not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) . that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was s — � y _ Page 3 - Appl. No. 3879 Matter of CHARLES MALONE Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of CHARLES MALONE, as applied under Appeal No. 3879, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the fence not exceed 6 ft. in height and start 30 ft. from the beginning of the property line adjacent to the Right-of-Way. 2. That the fence be established on the premises (not on Right-of-Way and it is not to exceed 70 ft. in length. df GERARD P. GOEHRINGER, CHAIRMAN Southold Town Board of Appeals SPECIAL. KEETING: March 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 �/ o y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 oy'yol � �.ao TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. WAIVER OF JOSEPH H. SAWICKI JAMES DINIZIO, JR. NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Southold Town Board of Appeals, Suffolk County, New York, do hereby severally waive Notice of the time, place and purpose of the Special Meeting of this Board to be held at the Southold Town Hall, Main Road, Southold, New York on Thursday, March 1, 1990 at 7:30 p.m. , and do hereby consent that the same be held on said date for the transaction of those business items properly coming before the Board at said meeting. Dated: March 1, 1990 . �1`GERARD P. GOEHAINGER, HAIRMAN NG11 5�A't4 )aAAR S GRIGON , JR , MEMBER SERGE �I_, 0YEN, /1�IEMBER J 7'H* �7=I, MEMBER JyMES DI ZIO,- JR. / _.tm ANDFILED BY df 1_11E SOUTHOLD TOW14 CLLRK I DATE f AR10d HOUR s Town Clerk, Town of Sout old