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Home My WebLink AboutZBA-07/25/1990 . .. o��FFOLKcQG K o APPEALS BOARD MEMBERS T SCOTT L. HARRIS • 4F Supervisor Gerard P. Goehringer, Chairman Q` Charles O�- 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 WEDNESDAY ., JULY 255 1990 . A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY , JULY 25 , 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 Serge Doyen, Jr . , James Dinizio , Jr. Board Members absent were: . Charles Grigonis ,Jr . ,Joseph Sawicki 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. ) APPEALS BOARD MEMBERS . SCOTT L. HARRIS e Gerard P. Goehringer, Chairman Supervisor Charles Grigonis, Jr. ®� ®1 �� c� .� own Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki v Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEAL Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD! Telephone (516) 765-1800 Ar-.ENDA I REGULAR MEETING i WEDNESDAY, JULY 25, 1990 7 :30 p.m. Meeting to Order I. PUBLIC HEARINGS: 7:3.0 p.m. Appl. No. 3954 - PHILIP SALICE. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33) , Article XXIII, Section 100-239.4 B, for permission to construct an accessory shed and deck with gazebo. Accessory shed is less than 3 ft. from a lot line, gazebo is located in the front yard and gazebo and deck are less than 75 ft. from the bulkhead. Property Location: 1945 Bayview Avenue, Mattituck, County Tax Map No. 1000, Section 106, Block 06, Lot 37 . 7:35 p.m. - Appl. No. ' 3960 - THOMAS & ALLISON SARGENT. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, for permission to subdivide a non-conforming lot. Proposed construction of new lot will have insufficient width, depth and total lot area for this district. Property Location: Private Road of Fox Avenue, Fishers Island, County Tax Map No. 1000, Section 06, Block 06, Lot 07. 7 : 40 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Variance to the Zoning Ordinance, Article III A, Section 100-30 .3, Article XXIII, Section 100-230 (A) , Article III A, Section 100-30A.2 A(1) (100-31A) , for permission to construct an addition to existing one family dwelling. Proposed construction is not a permitted use (1) one-family detached dwelling not to exceed one ( 1) dwelling on each lot (a two family dwelling is not a permitted use) . Property Location: 185 Inlet Lane, Greenport, County Tax Map No. 1000, Section 43, Block 004, Lot 37. Page 2 - Agenda Southold Town Board of Appeals Regular Meeting of July 25, 1990 I . PUBLIC HEARING, 'continued 7:45 p.m. Appl. No. 3956 - UOYD GATES. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to Occupy and use as a Billiard parlor for commercial recreation. Property Location: 46250 County Road 48, Southold, County Tax Map No. 1000, Section 55, Block 5, Lot 7. 7 :50 p.m. Appl. No. 3701 - CHARLES ZAHRA. Variance to the Zoning Ordinance, Article XXV, Section 100-243, Article XXV, Section 100-244, for permission to continue to use the second floor apartment as a non-conforming use. Property Location: 140 Pike Street, Mattituck, County Tax Map No. 1000, Section 141, Block 4, Lot 5. 7:55 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved, for .permission to construct office and retail stores. Proposed construction is not a permitted use in this District. Property Locations: 1000, Main Street and` 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 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. 3954 - Philip Salice (b) Appl. No. 3960 - Thomas & Allison Sargent (c) Appl. No. 3955 - Dominick Sblendido & A. Auricchio (d) Appl. No. 3956 - Lloyd Gates (e) Appl. No. 3701 - Charles Zahra III. DELIBERATIONS/Decision (possible) IV. Scheduling the following hearings fora tentative date of August 22, 1990 Regular Meeting. (a) Appl. No. 3962 - HAROLD GORDON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, proposed construction will have insufficient side yard setbacks. 1000-78-7-50. (b) Appl. No. 3963 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III, Section 100-30 A. 4 (100-33) , Article XXIII, Section 100-239.4 B, construct accessory structure in the sideyard area, proposed accessory building to be located only in required rear yard and construction is less than 75 ft. from the bulkhead. 1000-111-1-16. Page 3 - Agenda Regular Meeting July 25, 1990 Southold Town Board of Appeals IV. Scheduling Hearings, continued (c) Appl. No. 3961 - VENETIA MCKEIGHAN. Variance to the Zoning Ordinance, Article III, Section 100-33, to construct accessory structure in front yard area, accessory structures shall be located in the required rear yard. 1000-052-0.5-23. (d) Appl. No. 3964 - KENNETH MINNICK. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B14, for permission to have an accessory apartment attached to existing dwelling. 1000-124-1-3 .2. VI.' COMMUNICATIONS - regarding the Appl. No. 3955 of Dominick Sblendido & A. Auricchio. VII. MISCELLANEOUS (a) Establish shared Lead Agency with the Southold Town Trustees and declare a Positive Declaration on the Application of Gustave Wade. VIII. UPDATES A. DEPARTMENT HEADS MEETING: On THURSDAY, AUGUST 2, 1990 in the conference room. B. LEGISLATIVE COMMITTEE MEETING: Updates for the Board for this meetings. NEXT LEGISLATIVE COMMITTEE DATE: Thursday, August 9, 1990. w T C\ALS BOARD MEMBERS �= . '' ''` �+ • SCOTT L. HARRIS Gerard P. Goehringer, Chairman Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. �l �yS Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone(516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 AuTION _OF THE BOARD OF APPEALS Appl. No. 3956 Matter of LlOYD GATES. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to occupy and use as a Billiard Parlor for commercial recreation. C Property Location: 46240 County Road 48, Southold, County Tax Map No. 1000, Section 55, Block 5, Lot 7. WHEREAS, a public hearing was held and concluded on July 25, 1990 in the matter of the Application of LLOYD GATES under Appeal No. 3956; 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 southwest side of Route 48, Town of Southold, and is identified on the County Tax Maps as District 1000, Section 55, Block 5, Lot 7. 2. This is an application for Special Exception from the Zoning Code Article X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial recreation. Page 3 - Appl. No. 3956 Matter of UOYD GATES Decision rendered July 25, 1990 2. That there shall be no playing of pool or the use of video machines while public or private school is in session for patrons. under the age of eighteen (18) . 3. That there be no alcoholic beverages on the premises ' and that there only be prepackaged food and no cooking facilities (except for a (1) heating appliance used for warming prepackaged food) . 4. That the building contain air conditioning and heating to prevent the doors from being opened and reduce the noise level. 5. That the playing of music shall be reduced to a level that cannot be heard from the exterior of the building. 6. That the Special Exception goes along with the property and to all subsequent owners of the lease while the billiard parlor is an active business on these premises. C Note of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki (Absent Charles Grigonis and Joseph Sawicki due to illness) . This resolution was duly adopted. df j,GERARD P. GOEHRINGER,/CHAIRMAN R APPEALS BOARD MEMBERS SCOI'T L. HARRIS Gerard P. Goehringer, Chairman Supervisor `s` `'":: ' �- Charles Grigonis, Jr. ® 1 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 s.E.n.R.A. July 25 , 199.0 TYPE II ACTION DECLARATION Appeal No- 3954 Project/Applicants: Philip Salice County Tax Map No. 1000- 106-6-37 Location of Project: 1945 B:ayyiew Ave . , Mattituck , NY Relief Requested/Jurisdiction Before This Board in this Project: Construct accessory shed and deck with gazebo . Shed less than 3 ' from lot- line and gazebo and deck are less than 75 ' from 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 617.2jj . For further information, please contact the Office of the Board- of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me r 4F�� f , APPEALS BOARD MEMBERS ea 'ems r"M SCOTT L. HARRIS t Supervisor Gerard P. Goehringer, Chairman p Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 S.E.Q.R.A. July 25 , 1990 TYPE II ACTION DECLARATION Appeal No. 3960 Project/Applicants: Thomas & Allison Sargent County Tax Map No. 1000- 6-6-7 Location of Project: Pvt. Rd. off Fox Ave . , Fishers Island , NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to subdivide a non-conforming lot. New lot. will have ._insufficient width , depth and total lot 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 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. me A _ APPEALS BOARD MEMBERS 5 SCOTT L. HARRIS .�. Supervisor . Gerard P. Goehringer, Chairman ��- Charles Grigonis, Jr. +` ffl g �� 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 S.E.O.R.A. July 25 , 1990 TYPE II ACTION; DECLARATION Appeal No. 3955 Project/Applicants: Dominick Sblendido & A. Auricchio County Tax Map No. 1000- 43-4-37 Location of Project: 185 Inlet Lane , Greenport , NY Relief Requested/Jurisdiction Before This Board in thi,S Project: Construct addition to existing one family dwelling wItfl insufficient front yard setback and .. permission to have a two family dwel 1 i.ng _ 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 617.2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, (516) 765-1809. NY 11971 at me a if APPEALS BOARD MEMBERS R,4 SCOTT L. HARRIS Gerard P. Goehringer, Chairman �' �- Supervisor Charles Gri onis, Jr. Serge Doyen, Jr. �1 k � Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179Southold, New York 11971 James Dinizio, Jr. BOARD OF, APPEALS. Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 S.E.n.R.A. July 25 , 1990 TYPE II ACTION DECLARATION Appeal No. 3956 Project/Applicants: Lloyd Gates County Tax Map No. 1000- 55-5-7 Location of Project: 46250 CR 48 , Southold , NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to occupy and use as a Billiard Parlor fo recreation. r commercial 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 'appl!ication 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" f"all under the established" list of Type'"I I 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. me Southold Town Board of Appeals. Regular Meeting: July 25 , 1990 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary i RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK l DATE ) (aa(9a HOUR I I Town Clerk, Town of Southold