HomeMy WebLinkAboutZBA-09/13/1995 APPEALS BOARD MEMBERS ��SVFFO��CO
h�0 G2 Southold Town Hall
Gerard R Goehringer, Chairman c c 53095 Main Road
Serge Doyen, Jr. co z P.O. Box 1179
James Dinizio,Jr. O Southold,New York 11971
Robert A. Villa y�0 a0� Fax(516)765-1823
Lydia A.Tortora 1 Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MIN _UT _ES
RE_GULAR MEETING
WEDNESDAY, SEPTEMBER 13, 1995
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was
held at the Southold Town Hall, 53095 Main Road, Southold, New York
11971, on WEDNESDAY, SEPTEMBER .13 1995 commencing at 7:30 p.m.
Present were:
Gerard P. Goehringer, Chairman
Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member (arr.. 7:20 p.m.)
Lydia A. Tortora, Member
Linda Kowalski, Board Assistant and Secretary
The Chairman called the work session portion of the meeting to order at
7:17 p.m. and proceeded with the first item on the agenda for an informal
appointment as follows:
1. 7:15 - 7:30 p.m. - Architect Garrett Strang appeared and asked
Board Members if there were a procedure which could be followed to request
reconsideration of conditions regarding the Sukru Ilgin ZBA
Decision-Conditions #3 and #4 pertaining to restrictions on the interior
layout of the room to be used for accessory sales. Mr. ilgin also appeared
with Mr. Strang and explained the difficulty involved and the parking
hazards created when customers leave their cars near the pumps and must
take extra time to walk around the building to pick up one or two
convenience items, instead of entering at the door closest to the pumps.
Member Dinizio said he understood the procedure would be to make an
application to the Board requesting that it modify or lift the conditions
after a public hearing. The other Board Members agreed. The Board
Secretary indicated that if he could file the application on Tuesday,
September 29, 1995, the application would be able to be advertised for the
Board's next hearing calendar of October 11, 1995. No objections were
raised by the Board Members.
'Page 2 - Minutes
Regular Meeting - September 13, 1995
Southold Town Board of Appeals
II. ENVIRONMENTAL DECLARATIONS UNDER fYS ENVIRONMENTAL
QUALITY REVIEW ACT
Motion was made by Chairman Goehringer, seconded by Members Doyen
and Tortora, to declare lead agency status and, having inspected the
property and reviewed the information furnished in 111e application, hereby
adopt Negative Declarations for the following as Unlisted Actions under the
N.Y.S. Environmental Quality Review Act, as written
Appl. No. 4331 - David and Claire Air
Appl. No. 4328 - Robert Feger and Theresa Taylor
Appl. No. 4334 - Estate of Clotilda Oliver
Vote of the Board: Ayes: All. (No objections were raised).
III. PUBLIC HEARINGS: The following public hearings were held at the
times noted below:
7:32 - 8':10 p.m. Appl. No. 4331 - DAV11) AND CLAIRE AIR.
Variances based upon the August 1, _1995 Notice of Disapproval issued by
the Building Inspector under the Zoning Ordinance, Articles XXIV, Section
100-241A and 100-243A, and XXIII, Section 100-239.4B, for a building permit
to construct structural alterations and increase floor area of principal
building with nonconforming front yard and sideyard setbacks and with
nonconforming use(s), and to construct deck additions, seaward of existing
building setback line (within 75 feet of seawall). Location of Property:
2072 Village Lane, Orient; Parcel No. . 1000-24-2-27. (.The fire alarm was
aloud at 7:35 p.m. and the building was vacated temporarily. When
instructed by the firemen, the board and audience resumed to their- normal
places and the meeting reconvened after about 20 minutes.)
8:10 p.m. _ Appl. No. 4327 - ROBERT AND DENISE WHELAN. Variance
based upon the July 31, 1995 Notice of Disapproval from the Building
Inspector, Article . IIIA, Section 100-30A.4 (ref. lot-33), for a building
permit to construct accessory building 'in an area 'other than the required
rear yard. The subject property contains an area of approx. 20,400 sq.
ft. Location: 160 Bungalow Lane, Mattituck; Parcel ID #1000-123-2-2.
8:13 p.m. Appl. No. 4326 - STANLEY and SHARON SWANSON.
Variance based upon the August 5, 1995 Notice of Disapproval from the
Building Inspector, Article IIIA, Section 100-30A-3 for permission to
exchange property (lot line adjustment) which will reduce the required total
area of parcel 1000-141-2-21.5 (owned by Robert Handiton) and increase the
area of parcel 1000-141-2-15 (owned by Stanley and Sharon Swanson) by
approx. 8,129 sq. ft. Property Location: Southerly side of Horton
Avenue, Mattituck; Also referred to as part of Lot #3 on the Minor
'Page 3 - Minutes
Regular Meeting - September 13, 1995
Southold Town Board of Appeals
Subdivision Map approved 4-12-93 by the Planning Board for Robert D.
Hamilton.
8:20 - 8:43 p.m. Appl. No. 4328 - ROBERT FEGER and THERESA
TAYLOR. Special Exception under Article IIIA, .`Section 100-30B for an
Accessory Bed and Breakfast Use in conjunction with the owner's existing
single-family residence for the purpose of renting and serving of' breakfast
to a maximum of six (6) transients not more than three bedrooms
(maximum). Location of Property: 5370 Nassau Point Road, Cutchogue,
NY; Parcel No. 1000-111-8-19.
8:43 - 8:45 p.m. Appl. No. 4330 - FLORENCE TILDEN. Variance
based upon the July 26, 1995 Notice of Disapproval from the Building
Inspector, Article IIIA, Section 100-30A.3 for permission to construct
an 18 x 22 ft. garage addition to dwelling with .insufficient front and side
setbacks. Location of Property: 3100 Deep Hole Drive, Mattituck, NY;
Parcel No. 1000-115-17-14.
8:45 - 8:52 p.m. Appl. No. 4329 - CHRISTOPHER. MAUCERI. Variance
'based upon the July 24, 1995 Notice of Disapproval from the Building
Inspector, Article XVIII, Section 100-181C(3) for pet.-Mission to construct a
single-family dwelling with insufficient front yard setback in this cluster
development. Location of Property: 1455 Evergreen Drive, Cutchogue,
NY; County Tax Map Parcel No. 102-1-4.4.
8:52 - 9:03 p.m. Appl. No. 4332 - ARTHUR HAF. Variance 'based
upon the August 6, .1995 Notice of Disapproval from the Building Inspector,
Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct
detached, accessory garage in a frontyard area on this waterfront parcel
w0ith reduced setback. Location of property: 1020 Strohson . Road,
Cutchogue, NY; Parcel No. 1000-103-10-25.
Motion made by Chairman Goehringer, seconded by Member Villa and
duly carried, to recess for approximately five minutes.
9:10 P.M. Motion was' made by Chairman Goehringer, seconded by
Member Doyen, and duly carried, to reconvene.
9:10 p.m. Appl. No. 4334 - ESTATE OF CLOTILDA OLIVER. Variance
based upon the August 18, 1995 Notice of Disapproval from the Building
Inspector, Article XXIV, Section 100-241 for permission to re-establish
nonconforming -retail sales use in this M-II Zone District. . Location of
Property: 64355 Main Road, Greenport, NY; Parcel No. 1000-56-4-21.
9:32 p.m. Appl. No. 4333 - GENEVIEVE STALEY and FRANK
PALUMBO, as Contract Vendee. Variance based upon the
August 16, 1995 Notice of Disapproval from the Building Inspector, Article
XXIII, Section 100-239.4A(1) for permission to construct a new dwelling
within 100 feet of the top of the bluff or bank of the Long Island Sound.
'Page 4 - Minutes
Regular Meeting - September 13, 1995
Southold Town Board of Appeals
Location of Property: 3200 Sound Drive, Southold, NY; Parcel No-
1000-33-1-7.
9:51 p.m. Appl. No. 4335 - HELENE BULGARIS and SUZANNE
FONDILLER. Variance based upon the August 9, 1995 Notice of Disapproval
from the Building Inspector, Article IIIA, Section 100-30A.4 for permission
to amend building permit for the construction of an as-built inground
swimmingpool as an accessory structure in an area ocher than the required
rear yard (instead of as an attached structure). Location of Property:
1575 Captain Kidd Drive, Mattituck, NY; Parcel No, .1,000-106-05-17 & 18.
10:10 - 10:20 p.m. Appl. No. 4317 - EDWIN aria DONALD TONYES.
(Carryover from July 12, 1995 for continuation): Property location:
55465 Main Road,, Southold. HB Zone District. `.i'he applicants, Edwin
Tonyes, Jr. and Donald Tonyes appeared. After testimony, motion was
made by Chairman Goehringer, seconded by Member Dinizio, and duly
carried, to recess the hearing for approximately 15. t:o 20 minutes to allow
time for the applicants to review a recent memorandum received from the
Building Inspector earlier today: (Public Hearing continued after "Air"
decision during tonight's public meeting.)
DELIBERATIONS/DECISION: Appeal No. 4331 - DAVID AND CLAIRE
AIR.. Variances based upon the August 1, 1995 Notices of Disapproval issued
by the Building Inspector under the Zoning Ordinance, Articles XXIV,
Section 100-241A and 100-243A, and XXIII, Section 100-239.4B, for a
building permit to construct structural alterations tind increase floor area
of principal building with nonconforming front yard and sideyard setbacks
and with nonconforming use(s), and to construct deck additions, seaward of
existing building setback line (within 75 feet of seawall). Location of
Property: 2072 Village Lane, Orient; Parcel No. 1000--24-2-27. .
Continued on next page.
Page 5 - Minutes
September 13, 1995 Regular Meeting
Southold Town Board of Appeals
ACTION OF THE. BOARD OF APPEALS
APPI. No. 4331:
Matter of. the Application of DAVI.D .AND, CLAIRE AIR.
Variances based upon the August 1, 1995 Notice of Disapproval issued
by: the Building Inspector under the Zoning Ordinance-, Articles.
XXIV, Section 100-241A and 100=243A, and XXIII, "Section,.100-239.4B,
for a building. permit to construct .structural alterations and, -
increase floor -area of principal building with. nonc.oi formiig 'front
yard and sideyard setbacks and with nonconforming use(s), and to
construct deck additions, seaward of existing building setback,. line
(within 75 feet of seawall). Location of Property, 2072 Village
Lane, Orient; Parcel No. 1000-24-2-27.
WHEREAS; after due notice, a public hearing was held on
September 13, 1995, and 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, 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 appeal application for a variance. based upon the.
August 1, 1995 Notice of Disapproval issued by the .'Building
Inspector. In an application for a building permit filed. on. July 11,
1995 with the Building Inspector, the applicants hereby requested
permission to construct structural, alterations and deck additions to
an existing dwelling. The grounds upon which the Notice of
Disapproval is disapproved are written as follows:
Under Article XI, Sections 100-111 and "100-112A,
seasonal multiple-dwelling dwelling is ' not. a
permitted use in this district, and buildvig has
insufficient front and side yards setbacks.
Also under Article ' XXIV, Section 100-24:1A,
nonconforming uses, buildings shall not be enlarged,
altered or extended, and under Section 100-243A a
Page 6 - Appeal No. 4331
Application of DAVID AND CLARE AIR
Decision Rendered September 13, 1995
nonconforming building containing a noi.)conforming
use shall not be structurally altered, unless use is
changed to a conforming use. Under Article XXIII,
Section 100-239.49 proposed construction is less than
75 feet from the sea wall. Action required by the
Zoning Board of Appeals. Action also required by
the Planning Board as required under Sections
100-250 and 100-253 of the. Code. . . .
2. The premises in question 'is located in the M-I Marine Zone
District. A Certificate of Occupancy under date of July 1, 1993
shows that the building was built prior to April 9; 1957. The
building contains five seasonal, unheated dwelling units.
3. Reference is hereby made to the site plan mad prepared,
July 10, 1995 by Samuels and Steelman, Architects showing the
existing characteristics of the site, existing building, and proposed
alterations and open deck additions. The survey dated May 10, 1993
shows the parcel of a size of 8,412 sq. ft. The building area is
shown on the site plan map to be 1,878 sq. ft. , for a total lot
coverage of 23.95 0.
4. The setbacks of the existing porch of the building are
shown to be flush with the existing concrete stonewall at its closest
northwesterly corner, and at almost seven feet from the concrete
stone wall at its furthest southwesterly corner. A no,w deck area at
the first and second floor are proposed westerly of the existing
porch to fill-in the open area between the sea wall and the existing
porch, together with reconstruction of an existing covered porch.
5. The living area of the dwelling to be renovated and
reconstructed is largely on the second floor, for a reduction in the
number of units on this level from two to one single .living unit, and
for the entire building from five living units to four living units.
All units are seasonally used from April until November, and are
proposed to remain unheated at this time.
6. Section 100-239.4B of the Zoning Code provides that:
". . .All buildings located on lots upon which a bulkhead
concrete wall, riprap or similar structure exists and
which are adjacent to tidal water bodies other than
sounds shall be set back not less than sever)ty-five
(75) feet from the bulkhead. The following exceptions
will apply: (1) Buildings which are proposed landward of
existing buildings. . . ."
Page 7 - Appeal No. 4331
Application of DAVID AND CLARE AIR
Decision Rendered September 13, 1995
7. Section 100-241 of the Zoning Code provides as follows:
"Nonconforming Uses. Except as provided hereinafter,
nonconforming use of buildings or open land existing
. . .on the effective date of this chapter or authorized
by a building permit issued prior thereto, regardless
of change of title, possession or occupancy or right
thereof, may be continued indefinitely, except that
such building or use:
A. Shall not be enlarged, altered, extended,
reconstructed or restored. . . , nor shall any external
evidence of such use be increased by any means whatso-
ever. . .
8. Section 100-243 of the Zoning Code provides that:
. . . A. A nonconforming building containing a
nonconforming use shall not be enlarged, reconstructed or
structurally altered .. . unless the use of such building is
changed to a conforming use.
9. The building inspector has determined that the deck addition
between the seawall and the existing porch is not landward of the
existing building. However, this Board does not agree and hereby
reverses that portion of the Building Inspector's determination by
interpreting the meaning of Section 100-239.4111 as follows:
New building and similar construction will not require
a variance under the zoning code for the reason that
such construction is deemed to be landward of the
existing sea wall and not at a setback closer than
setback already established and measured at the closest
point of construction on the same parcel.
In this particular project, the closest point of construction from
the seawall is the northwesterly corner - which is against the
seawall, having a zero setback, and the remainder of the area may be
constructed at the same, or greater setback from the existing
seawall, bulkhead, riprip or similar structure (subject to .obtaining
all appropriate building permits).
10. It is also the position of the Board in considering other
nonconforming areas of this project that:
(a) the circumstances are uniquely related to the property
-- the property technically has an established footprint of livable
floor area, which footprint is not being altered or enlarged;
-Page 8 - Appeal No. 4331
Application of DAVID AND CLARE AIR
Decision Rendered September 13, 1995
(b) the relief requested is not unreasonable when the
density of the nonconforming uses is being reduced from a total of
five seasonal units to four seasonal units;
(c) it is not uncommon for an owner to request an
increase in livable floor area within an existing footprint - whether
it be a conforming use or nonconforming use;
(d) the relief requested is not substantial in relation to
the requirements - a minor increase of livable floor area is gained
on the second story (see hearing transcript for detailed statements
in support of the application);
(e) the variance requested does involve a reduction in the
unit density;
(f) the relief requested will not cause a substantial
effect on available governmental facilities since the building will
continue to be used seasonally as a residence in each of the four
units from April to November each year;
(g) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the town,
or be adverse to neighboring properties, and the benefit to the
applicant is greater when weighed against the health, safety, and
welfare of the community;
(h) in considering all the above factors, the interests of
justice will be served by granting the variance as .further noted
below.
Accordingly, on motion by Member Dinizio, seconded by
Member Tortora, it was
RESOLVED, to REVERSE the determination made by the Building
Inspector pertaining to Section 100-239.4B(1), as described above,
and BE IT FURTHER
RESOLVED, to GRANT all other relief requested and shown on
the site plan pertaining to the plan dated July 20, 1995, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. No parking on right-of-way and "no parking on
right-of.-way" sign(s) shall be displayed on the applicant's building
facing the right-of-way;
2. Building units shall continue to be used seasonally from
Page 9 - Appeal No. 4331
Application of DAVID AND CLARE AIR
Decision Rendered September 13, 1995
April to November as has existed since prior 1957 (laws of zoning).
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Tortora and
Goehringer. NAY: Member Villa - objecting to any increase of
liveable floor area of the building whatsoever, or any increase of
the nonconforming use(s).
This resolution was duly adopted (4-1).
Page 10. - Minutes
September 13 , 1995 Regular 'Meeting
Southold Town Board of Appeals
DATE OF ACTION: September 13, 1995 APPL. #4335.
APPLICANT: HELENE BULGARIS and SUZANNE FONDILLER.
LOCATION OF PROPERTY: 1575 Cpt. Kidd Dr., Rhoda & Zena 'Roads, Mattituck.
COUNTY TAX MAP DISTRICT 1000, SECTION 106, BLOCK T5, .LOTS -NO. 17 and
18, as combined to form one lot for purposes of zoning.
BASIS OF APPEAL:, Notice of Disapproval issued by the Bitildin Inspector dated
August 9, 1995: "Section 100-30A.4 requires Accessory. structures ,shall be
located in the ,required rear _yard." Zone: R-40 Residential/nonconforming.
PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.4:
RELIEF REQUESTED: Inground swimmirigpool -with -landscaping and fence
enclosure, all as built and located in a side yard without physical` attachment . to
dwelling without requirement for an addition:
MOTION MADE BY: James Dinizio, Jr.
SECONDED BY Gerard P. Goehringer
ACTION/RESOLUTION ADOPTED: Granted location of'swimminl;pool as built in
a side _yard without- requirement for an addition to dwelling,. . . Pool is built at a
distance greater-than principal front yard setbacks from any front property line,
and at 15 feet from the remaining property line.
REASONS/FINDINGS: Swimmingpool location exceeds greatest setback
requirement or principal setback rule. The remaining side , yard setback.,also
exceeds requirements for an accessory building. . All other zoning rules will be'
complied with. Pool was built based upon the issuance of ; BP #22387 dated
10/16/94 issued to the pool contractor, and recently inspected; with approval by
the inspecting official. The area involved for the relief requested is basically
that area presently ,landscaped. This approval is for the swimminevool. as an
"accessory" rather than an "addition" and in lieu of a 'man-made structural
addition,, such as a deck addition or other attachment. -Relief requested is.
minimal -and is not unreasonable. , The property has three front yards_ and the
rear yard is not the reasonable location due to its 1imited -size. ' No physical
change in the appearance or character of the area will:be affected.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
Robert A. Villa, Member
Lydia A. Tortora, Member
James Dinizio, Member
Gerard P. Goehringer, Chairman
This resolution was unanimously adopted.
Page 11 - Minutes
September 13, 1995 Regular Meeting
Southold Town Board of Appeals
FINDINGS OF FACT AND DETERMINATION
Appl: No. 4332.
Upon Application of ARTHUR HAF. Variance basfsd 'upon ,the, "
August 6, 1995 Notice of Disapproval from the Building 'Inspector, Article
IIIA, Section 100-30A.4 (ref. 100-33C) for permission 'to. construct detached,
accessory garage in a frontyard area on this waterfront parcel wOith reduced
setback. Location of property: 1020 Strohson Road,'.Cu tchogue, NY; Parcel
No. 1000-103-10-25.
WHEREAS,, after due notice, a public' hearing Was held .on Septem- .
ber 13, 1995, at which time all .persons who desired to be .heard were' heard
and their testimony recorded -pro and con (ref: '.written, transcript. of
statements made during the public hearing); and
WHEREAS,- the Board has carefully considered all testimony.. and
documentation submitted concerning this application;
WHEREAS, Board Members have personally vievvE;d and are familiar
with the premises in ' question, its present zoning, `'aoacl the surrounding
areas; and
WHEREAS, the Board made the following findings, Of 'fact:
1. BASIS ' OF APPEAL. The Building Inspector's. Notice of
Disapproval upon which this new Appeal Application is based is dated
August 6., 1995. The Notice of Disapproval issued by the Building.Inspector
is based upon . a building permit application to - construct a, detached,
accessory garage in a front-yard- area on this parcel of Aand which fronts
along Mud Creek (a/k/a Baldwin Creek).
2. CODE REQUIREMENTS. The relevant provisions of the Zoning
Code is Article IIIA; Section 100-30A.4 (and 100-33C) which states that
100-33C In the Agricultural-Conversation District-and.Low=Density
Residential R-80, R-120. R-200 and R-400 Districts, accessory
buildings and structures or other accessory uses shall, be located in
the required rear yard, subject to the following requirements:
C. , In the case of a waterfront parcel, accessory' buildings and
structures may be located in the front-yard, provided that such
buildings .and structures meet the front-yard setback requirements
as set forth by this Code.
3. PROPERTY DATA. The premises in question consists of a total
area of approximately one-half acre (21,182 sq. ft.) and ' lot width of 100.
feet along Strohson Road. The survey dated March 27,, 1995 shows the
house is centered between the road and the ordinary high water' line with
setbacks shown at. variables of, 85 feet, and 67.6 feet at the closest point
Page 12 - Appl. No. 4332
Matter of DR. ARTHUR HAF
Decision Rendered September 13, 1995
to road or front property line, . and from the high wai.er. line at variables
between 55 feet and 92 feet, more or less, from line. Pliotographs furnished
during the public hearing show there is a cluster of about twelve trees near
the northerly front (road side)-of the house, as exists.
4. PROPOSED VARIANCE. The applicant 'herein is requesting to
locate a proposed 20 ft. by 24 ft. accessory garage a distance 35+- feet
forward of the house and 10 feet away from the front, (road) property line
and five feet from the northerly side property line (,abutting the Hauser
property). The garage doors are proposed to be facing south into the
proposed driveway and parking area.
5. AMOUNT OF RELIEF REQUESTED: The amount of relief
requested in relation to the Code requirements is substantial, being more
than 75 0 of the code requirement with a 10 ft. front -se is back instead of the
required 40 ft. front yard setback.
6. CHARACTER OF SURROUNDING AREA. The neighborhood
consists of many lots of comparable size and different dimensions fronting
along the creekfront.
7. EFFECTS OF RELIEF REQUESTED HEREIN. As part of the
"balancing concept" established by Statutes pertaining to area variances, it
is,the position of the Board that:
(a) there is no benefit to the health, ;-safety, and general
welfare of the neighborhood that would occur if the variance were to be
granted, and the difficulties claimed are not uniquely related to this
parcel;
(b) an undesirable change will be produced by the grant of
the relief requested for the proposed setback 75% closer than the code
requirement since it will set a precedent in the neighborlood;
(c) the grant of the relief requested will have an adverse
effect and impact on the physical conditions of the neighborhood affecting
visibility, openness, and natural benefits presently given to area
properties with similar situations in this waterfront community;
(d) the relief requested for a variance of 75$ of the
requirement is not the minimum variance deemed necessary and adequate;
(e) as noted in paragraph 5 above, the relief requested is
substantial, and alternatives are available for an increased setback which
would be able to afford little or no relief.
(f) the front yard area is substantial in size with 5,000 sq.
ft. or more of actual land area to locate a proposed garage without
requiring removal of trees.
Page 13 - Appl. No. 4332
Matter of DR. ARTHUR HAF
Decision Rendered September 13, 1995
Accordingly, on motion by Member Villa, seconded by Member
Dinizio, it was
RESOLVED, to DENY the relief as requested under Appeal No. 4332,
for the reasons stated above.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio,
Villa and Tortora. This resolution was unanimously adopted.
• 'Page 14 - Appeal No. 4329
Application of CHRISTOPHER MAUCERI
Decision Rendered September 13, 1995
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Gerard P. Goehringer, Chairman-Member
Opposed: Members Lydia A. Tortora and Robert A.
Villa (for the reason that a reduction has already been granted by
Planning Board in this cluster subdivision under the provisions of
100-181 as to the side yard and frontyard, as compared to the A-C bulk
schedule provisions - reduction from 60 to 50 ft. front, and from 20 to
15 in the remaining side).
This resolution was unanimously adopted (3-2).
Page 15 - Minutes
September 13 , 1995 Regular Meeting
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: September 13, 1995 APPL. #4329.
APPLICANT: CHRISTOPHER MAUCERI.
LOCATION OF PROPERTY: 1455 Evergreen Drive, Cutchogue.
COUNTY TAX MAP DISTRICT 1000, SECTION 102, BLOCK 1, . L0.1 4.4.
BASIS OF APPEAL:. Notice of Disapproval issued by the Building
Inspector dated July 24, 1995. , "Under 'Table ii Bulk and Parking
Schedule proposed construction will have insufficient front _yard setback
as set forth under Article XVIII, Cluster Development Section
100-181C(3) by Planning Board. Action required by the Zoning Board
of Appeals.
" -
PROVISIONS APPEALED FROM: Article XVIII, Section 100-181C(3)
and Bulk Schedule. RELIEF REQUESTED: New dwelling with
attached garage setback as proposed 35110" from .the front property, line
facing Vineyard Drive, a paper street shown , on the Cluster
Development-Subdivision Map' approved by the Planning Board during
1989. The amount of relief requested is shown to be 15 feet, or 30$
less than the requirement. The setback from the westerly front
property line along Evergreen Dr. is shown at the required 50 feet.
MOTION MADE BY MEMBER: James Dinizio, ,Jr.
SECONDED BY MEMBER: Serge J. Doyen
ACTION/RESOLUTION ADOPTED: Approved principal building setback
as applied at the requested 35110" setback from a paper street known
and referred to on this Cluster Subdivision Map as "Vineyard Drive."
REASONS/FINDINGS: Applicant at hearing they spoke with Planning
staff and the Planning office confirmed the road is and will probably
always be a paper street. The subject property is a corner lot with'two
frontages. The amount of ,square footage necessary to afford relief is
'for a floor area of approximately 480 sq. ft. of the garage area shown
on the site plan and preliminary floor plan submitted under this appeal
application and is not substantial in relation to the cluster standard.
(Continued on Page 2)
Page 16 - Minutes
Regular Meeting - September 13, 1995
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: September 13, 1995 APPL. #4326.
APPLICANT: STANLEY SWANSON.
LOCATION OF PROPERTY: S/s Horton Avenue, Mattituck; a/r/a part of Lot #3
on the PB Minor Subd. Map approved 4-12-93 for Robert D. Hamilton.
Involved parcels are identified on the County Tax Maps as No. 1000-141-2-21.5
(Hamilton), and 1000-141-2-15 (Swanson) also known as 3325 C.R. 48, Mattituck.
BASIS OF APPEAL: Notice of Disapproval issued 'by the Building Inspector on
August 5, 1995. " . .Change will further reduce the required total area of parcel
141-2-21.5. "
PROVISIONS.APPEALED FROM: Article III-A, Section 100-30-A.1.
RELIEF REQUESTED: Exchange of 8,129 sq. ft. added to' Swanson parcel and
taken from Hamilton parcel. Area of Hamilton parcel will be nonconforming in
this R-40 Zone District with a new size of 27,2560 sq. ft. The Swanson parcel
will continue to be conforming in total area with a new size of 52,223 sq. ft.
MOTION MADE BY: Gerard P. Goehringer
SECONDED BY: James Dinizio, Jr.
ACTION/RESOLUTION ADOPTED: GRANTED as applied with details (see survey
map prepared June 27, 1995 (revisions Aug. 2, 1995), prepared by John T.
Metzger of Peconic Surveyors, P.C.
REASONS/FACTS: The use density of each remaining parcel will not be
increased by the exchange of this property; there exists one dwelling on each at .
this time. The relief requested results from a court proceeding between the
owners under Supreme Court Index No. 94-12702 pertaining to the property
easement area, which land area is the subject of this exchange or lot-line change
request. The relief requested will not produce an adverse effect or impact on
the physical or environmental conditions of the neighborhood.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Gerard P. Goehringer, Chairman-Member
This resolution was unanimously adopted.
Page 17 Minutes
September 13 , 1995 Regular Meeting
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: September 13, 1995 APPL. #4328.
APPLICANT: ROBERT FEGER and THERESA TAYLOR.
LOCATION AND DESCRIPTION OF PROPERTY: Single-family
dwelling built originally prior to 1957 and later expanded, situated
on a 33,000+- sq. ft. (see Certificate of Nonconforming Premises
#Z-9506 dated April 25, 1972 issued to, Leon H. Thomas) for premises
known as 5370 Nassau Point Road, Cutchogue, NY.
COUNTY TAX MAP DISTRICT 1000, SECTION .111, BLOCK 8, LOT 19.
ZONE DISTRICT: R-40 Residential.
BASIS OF REQUEST: Article III, Section 100-31.B(14), , of the
Zoning Code as amended 2-7-95 by Local Law #3-1995. which provides
for an Accessory Bed and Breakfast, subordinate and incidental to
the principal single-family dwelling use, for the renting of up to
and not more than three (3) rooms for lodging and serving of
breakfast to not more than six (6) casual and transient roomers. "
DESCRIPTION OF PROJECT: Special Exception permit for an
Accessory Bed and Breakfast Use, subordinate and incidental to the
principal single-family dwelling use, limited to the renting of three
(3) rooms for lodging and serving of breakfast, limited to a maximum
of six (6) casual and transient roomers .in accordance with conditions
(a), (b), (c) and (d) of Section 100-31B(14).
MOTION MADE BY: Lydia A. Tortora, Member
SECONDED BY: Gerard,P. Goehringer, Chairman-Member
ACTION/RESOLUTION ADOPTED: Granted as applied, subject to:
(a) five on-site parking spaces; (b) no parallel parking within
existing dirt drive area and parking shall be diagonally straight in
the dirt drive area; (c) provisions at Section 100-31B(14)
subsections a-d, and subject to all other laws and regulations
applicable to this accessory use in a single-family dwelling; (d)
obtaining a valid Certificate of Compliance and ether written
approvals as may be required under the building Rre and safety
codes.
REASONS/FINDINGS: Standards under Section 100-263 & 100-264 have
been fully met; owners have shown intent to comply with all
requirements; objections raised at the hearing were not supported by
expert testimony or substantial evidence.
Page 18 - Appl. No. 4328SE
Application of ROBERT FEGER & ano.
Decision Rendered September 13, 1995
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
Lydia A. Tortora, Member
Gerard P. Goehringer, Chairman
Abstaining for reasons unrelated directly to the
project were: Members James Dinizio, Jr. and
Robert A. Villa.
This resolution was duly adopted: 3-0, plus two abstentions.
Page 19 - Minutes
September 13, 19.95 Regular Meeting
Southold Town-Board of Appeals
ACTION'OF THE BOARD OF API-1EALS .
DATE OF ACTION: September 13, 1995 APPL. #4330. '.
APPLICANT: FLORENCE TILDEN.
LOCATION OF PROPERTY: 3100 Deep Hole Drive, Mattituck.. .
COUNTY TAX MAP DISTRICT 1000, SECTION.115,. BLOCK 17, LOT 14.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated July 26, 1995. "Proposed construction. will have
insufficient front yard and side _yard setbacks. Action required by
the Zoning Board of Appeals."
PROVISIONS APPEALED FROM: Article IIIA; Section 100-30A.3.
RELIEF REQUESTED: Garage addition with a 'reduced setback at 28 feet
from the front property line along Deep Hole Drive and side yard
reduction at nine feet. The size of the garage is proposed at a width
of 18 feet and depth of 22 feet with a total height at less than 15 ft.
MOTION MADE BY: Robert A. Villa
SECONDED BY: Lydia A. Tortora
ACTION/RESOLUTION ADOPTED: Denied setback for proposed garage
addition as applied; and , granted alternative relief for a building 14
feet wide with a setback of not less than 13 feet 'at its closest point
to the side property line and not less than 28 feet from .the. front
property line.
REASONS/FINDINGS: Alternative is available to reduce the width and
gain distance from the side property line, without further reducing. the
front yard, without impact or affect on neighboring properties. House
is presently situated on a lot of 17,200+- sq. which includes land below
ordinary highwater mark. House is set back 36+- feet at its closest
point to the front property line. The northerly side yard area is very
limited in size and further reduction in this area is not recommended.
VOTE OF THE .BOARD: Ayes: Serge J. Doyen, Member
. James Dinizio, Jr. , Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Gerard P. Goehringer, Chairman-Member
This resolution was unanimously adopted.
Page 20 - Minutes
September 13, 1995 Regular Meeting
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: September 13, 1995 APPL. #4327.
APPLICANT: ROBERT AND DENISE WHELAN.
LOCATION OF PROPERTY: 160 Bungalow Lane, Mattituck, NY
COUNTY TAX MAP DISTRICT 1000, SECTION 123, BLOCK 2, LOT 2.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated July 31, 1995: "Accessory structures required to be in
a rear _yard." . This is a nonconforming lot in an R-40 Zone District.
PROVISIONS APPEALED FROM: Article III-A, Sectioia 100-30A.4
(ref. Article III, Section 100-33) .
RELIEF REQUESTED: 121 by 18' existing shed (with plumbing near
refrigeration-cooleralso encroaching side yard setback.) located as shown
on, the survey map dated July 9, : 1984 prepared by Roderick VanTuyl,
P.C. , a distance of between 2.5 and 4.0 feet from the westerly property
line "as exists."
MOTION MADE BY: . Robert"A. Villa, Member
SECONDED BY: Gerard P. Goehringer, Chairman
ACTION/RESOLUTION ADOPTED: Granted as applied provided there
be no utilities installed other than electric utilities - if needed in
the future. The size of the building approved is .10 ft. by 12 ft. , at
a height of 10 feet. The setback is to be not closer. than 3.0 feet from
the westerly side property line.
REASONS/FINDINGS: Requested location is 'not unreasonable since it
will be placed close to the existing stockade fence and large tree, not
too far from the existing driveway and garage area. The rear yard is
limited in size and is not more suitable.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
Robert A. Villa, Member
Richard A. Wilton, Member
Lydia A. Tortora, Member
Gerard P. Goehringer, Chairman
This resolution. was unanimously adopted 5-0.
Page 21 - Minutes
September 13 , 1995 Regular Meeting
Southold Town Board of Appeals
FINDINGS .OF FACT AND DETERMINATION
Appeal No. 4334.
ESTATE OF CLOTILDA OLIVER. Variance based upon `the
August 18, 1995 Notice of Disapproval. from the Building Inspector,
Article XXIV; Section 100-241 for permission to re-establish '
nonconforming retail sales use in this M-II Zone District. Location
of Property: 64355 Main Road, Greenport; Parcel.No. 1000-56-4-21.
WHEREAS, after. due notice, a public hearing was .held on
September 13, 1995, and at said hearing all those who desired to be
heard were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all Aestimony and
documentation submitted concerning this application; and
WHEREAS, 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. DESCRIPTION OF VARIANCE: This -is an appeal for a
variance based upon a Notice of Disapproval rejecting a request to
occupy an existing building, in reestablishing retail sales use on a
parcel of land re-zoned Marine II on January 10, 1989. The reason
for the Building Inspector's disapproval for occupancy for retail
sales is that ". . .Section 100-241.G - retail liquor store has been
discontinued for a period of more than two years. Action required
by the Zoning Board of Appeals. . . ."
2. CODE PROVISION APPEALED: Article XXIV, Section
100-241G of the zoning code reads as follows:
. . .Whenever a nonconforming use of a building or
premises has been discontinued for a period of more
than two (2) years or has. been changed to a higher
classification or to a conforming use, anything in
this Article to the contrary notwithstanding, the
nonconforming'use of such building or premises shall
no longer be permitted unless a variance therefor
Page 2 2 - Appeal No. 4334
Application of ESTATE OF C. OLIVER
Decision Rendered September 13, 1995
shall have been granted by the Board of Appeals. . . .
3. USES PERMITTED IN M-II: In the Marine II Zone District`,
certain types of retail sales are permitted, such as nautical sales
and sales related to marine, fishing,- boating and similar water
services. Uses such as restaurants, ferry terminals; transient
hotels or motels, fish processing plants, fish markets, museums with
a nautical them, and art galleries are also uses allowable. upon
Special Exception approval.
4. PERSONAL KNOWLEDGE: It is personal knowledge of Board
Members that the building and premises have. been utilized as the
'Mill Creek Liquor Store' for at least 30 years. The property has
remained virtually unchanged during this time period, and there is
adequate land area open and available for on-site: ,parking with
preexisting egress and ingress from the Main Road. No information
was received during the hearing that indicates there. is' any objection
to the continued use or possible change in the layout of the property
and its facilities
5. EVIDENCE: Board Members 'agree after ha:;ring 'visited the
property which is nonconforming in size, and reviewing the
testimony, that the record is complete and sufficient to grant a
variance as stipulated under Section 100-241 to restore a dry store
use of the premises rather than having other types of uses listed in
the code for this M-II zone district.
6. STANDARDS: In considering the relief, requested, the
Board Members find and determine as follows:
(a) the circumstances are uniquely related to' the property
as a preexisting improved site, with a preexisting established liquor
store use which was not intentionally abandoned within the last year
and was unused for the subject six-month period (beyond the
two-year status) due to the passing of the owner and pending a
settlement of an Estate distribution with attempts to sell the
premises;
(b) .. the types of uses normally permitted and allowable in
this M-II Marine Zoning District are more intensive' and generally not
complementary - examples being for a restaurant or boat repair would
require a greater usage of parking and greater usage of water in this
environmentally sensitive area;
(c) other uses normally permitted and allowable in this
M-II Marine Zoning District would require more acreage, or 80,000
sq. ft. per use - this parcel has consisted of a size of 20,500+
square feet, and prior to January 10, 1989 was zoned B-Light
Business;
page 23
g - Appeal No. 4334
Application of ESTATE OF C. OLIVER
Decision Rendered September 13, 1995
(d) the building is set back 45 feet from the line of
highway along the Main Road and has side yards of 28 feet on the
easterly side, and more than 35 feet on the opposite side --most of
the lot surrounding the building has been and will. continue to be
available for parking and landscaping purposes.
(e) the relief requested is not _ unreasonable when
considering the character of the surrounding buildings, businesses
and general neighborhood - to the east is 'Hollister's Restaurant;'
to the west is a parcel (1000-56-4-201 used as a residence with
business use related to storage of heavy equipment;`'to the south is a
full-service restaurant and the State Highway; to the north is vacant
land containing wetland grass areas and the Long Island Railroad.
(f) the relief requested will not cause a substantial
effect on available governmental facilities since the -use- which -has
existed for many than 30 years will continue as a .retail "dry" use,
rather than food-type 'services which are considered by the Health
Department as ."wet uses" and which are allowable in the M-1I Zone;
(g) for the reasons noted above, the variance will not in
turn be adverse to the safety, health, welfare, comfort, convenience,
or order of the town, or be adverse to neighboring properties, and
the benefit to the applicant is greater when weighed against the
health, safety, and welfare of the community;
(h) in considering all the above factors, the interests of
justice will be served by granting a restoration of "dry" retail
sales at the premises, via this variance application as provided by
Section 100-241 of the Zoning Code and as further noted below.
Accordingly, on motion by Member Dinizio, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT the relief requested under the provisions
of Article XXIV, Section 100-241 of the Zoning Code for the
re-establishment of use of existing building for 'retail dry sales'
("dry store") SUBJECT TO THE FOLLOWING CONDITIONS:
1. Dry retail sales shall not include activities which would
require usage of more than 300 gallons of water per day; dry store
or dry sales shall be defined as written by the Suffolk County Health
Department classifications as those where the only water use is for
employee-only sanitary disposal;
2. No wet store use shall be permitted and is classified as a
use where additional water would be ' used for processes within the
store or for employee and customer/client sanitary disposal, such as
• Page 2 4 - Appeal No. 4334
Application of ESTATE OF C. OLIVER
Decision Rendered September 13, 1995
barber shops and hairdressers, food processing, or similar
activities.
NOTE: No changes to the property are required by'the grant of this
variance.
Vote ,of the Board: Ayes: Messrs. Goehringer; Dinizio and
Villa. Opposed: Members .Tortora and Doyen for the reason that
state-mandated standards for the grant of use variance(s) have not
been sufficiently addressed. This resolution was duly adopted, 3-2.
Page 2 5 - Minutes
September 13, 1995 Regular Meeting
Southold Town Board of Appeals
ACTION OF THE BOARD`OF APPEALS
Appl. No. 033.
Upon Application of FRANK PALUMBO, as Contract Vendee.
(Owner: Genevieve Staley) - Variance based upon".the August 16, 1995
Notice of Disapproval from the Building Inspector, Article XXIII,
Section 100-239.4A(1) for permission to construct a. new dwelling within
100 feet of the top of the bluff or bank of ,the 'Long Island Sound.
Location of Property: 3200 Sound Drive, Greenport, NY;'. Parcel No.
1000-33-1-7; Eastern Shores Lot 108, Section# .
WHEREAS, a public hearing was held on September 43, 1995, at
which time all persons 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;
WHEREAS 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. BASIS OF DISAPPROVAL. This is an application based upon'
the following- Notice of Disapproval from the Building_ Inspector -to
construct a new dwelling, which Notice dated August 16, 1995 reads:
. . . Disapproved on the following grounds:
Under Article XXIII, Section 100-239.4A(1) proposed
construction is less than 100 ft. from top, of the bluff or
bank. Action required by the Zoning,Board of Appeals.
Action also required by the Suffolk.County Dept. of
Health. . . ."
2. CODE REQUIREMENTS. Article XXIII, Section 100-239.4A(1)
reads:
". . .Lots adjacent to.Long Island Sound, Fishers Island Sound
and Block Island Sound. (1) All buildings located on lots
adjacent to sounds or upon which there exists.a bluff or
bank landward of the shore or beach shall. be set back not
., ti
Page 26 - Appl. No. 4333
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
fewer than one hundred (100) feet from the top of such bluff
or bank.. . ."
3. PROPERTY DATA. The premises in question is presently
owned by Genevieve Staley who acquired the property in 1986. The
property has always- been vacant land, and is shown on the Map of
Eastern Shores Section IV as Subdivision lot 108. . The width of this
parcel is 100 feet along Sound Drive and depth 294.35, feet along the
westerly property line. The total lot 'area, including the area below
the bluff down to towards the highwater mark, is 29,116 sq. ft. as
shown on the survey surveyed August 13, 1995 by Roderick VanTuyl,
P.C. The survey map shows that the area south of the bluff line has
variable contours, between 38 feet closest to the road road to 46 feet above
mean sea level moving towards the bluff lines.
4. PROPOSAL. This application is a request to locate a new
dwelling with a setback of 55 feet at its closest corn_r from the top
of the bluff (bank) shown on the August 13., 1995 survey. The
location of the proposed dwelling As shown closer to the bluff than it
is to the road (front yard) which is 67 feet at its closest point.
5. OPINION. An engineering report has been submitted by J.
Fischetti, P.E. based upon his inspection of the vacant land on August
24, 1995. It is the engineer's opinion that the construction of this
home at the location shown .with an excavation limit of 50 feet would
have no detrimental effect on the existing bank by allowing for
rainfall runoff to run in a southerly direction from the bank.
6. PURCHASER'S AGREEMENT. At the hearing held on
September 13, 1995, Mr. Palumbo agreed to restrict the area north of
the house to remain open without buildings or swimmingpool structure.
It was also agreed that grading for new landscaped areas must be done
to keep surface water runoff directed toward the south, and that there
would be no excavation within 500 feet of the present bluff line shown
on the survey map.
7. OTHER TOWN AGENCY JURISDICTION/REVIEW. Submitted for
the record is a copy of the written authorization issued by the N.Y.S.
Department of Environmental Conservation dated August 30, 1995 ref.
1-4738-01175/00001-0 with precautions noted therein. . The variance, as
alternatively granted, is subject to the same precautions with the
alternative setback, noted in this determination. The Board of
Southold Town Trustees by its letter of August 25, 1995 has determined
the project is not within their jurisdiction.
8. EFFECTS OF RELIEF REQUESTED. It is the position of this
Board that in considering the relief requested that:
51
' Page 27 - Appl. No. 4333
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
(a) the location of the new dwelling, as proposed with an
attached garage, may be repositioned to an area closer to the south
away from the bluff while maintaining the established character of
other dwellings built near the bluff;
(b) an alternative location further away from the bluff will
not be an alteration of the essential character of the neighborhood due
to the nature of the layout and characteristics of. this site, and the
setback will be generally similar to those existing in .the area;
(c) the benefit sought to be achieved by the appellants
cannot be achieved by a method other than a variance under the zoning
regulations;
(d) the grant of alternative relief claimed will not have an
adverse effect or impact on the physical or .environmental conditions in
the neighborhood since the applicants have agreed to restrict the area
50 feet between the house and the..bluff from any excavation or adverse
activities which would affect the. land area and stability of the bluff;
(e) the relief requested is not substantial when compared to
those established in the area;
(f) . the relief requested is not self created;
(g) as part of the "balancing concept," the 'Board finds and
determines that the character of the neighborhood will continue to be
preserve, and the health, safety and welfare of the community will not
be adversely affected.
NOW, THEREFORE, on motion by Chairman Goehringer, seconded
by Member Dinizio, it was
RESOLVED, to DENY the relief requested for a variance, at 55 feet
from the top of the bluff, and TO ALTERNATIVELY GRANT relief for
at setback at not less than 60 feet from the top of the bluff, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. That there be no land disturbance (such as excavation) north
of the house for swimmingpools or any other construction;
2. That the setback of the proposed dwelling be no closer than
60 feet to the top of the bluff;
3. That hay bale berms (and/or railroad ties) be temporarily
placed while construction activities are pending as a necessary
preventive measure to prevent sedimentation or other alteration-
Page 28 - Appl. No. 4333
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
disturbance to the ground surface or vegetation within the area north
of the proposed dwelling; and
4. That no swimmingpool structure or similar construction, or
buildings, shall be placed within 60 feet of the top of the bluff line,
as agreed by applicant during the public hearing.
Vote of the Board: Ayes: Messrs. Dinizio, Doyen, Tortora, and
Goehringer. Opposed: Member Villa - who finds that a 72 ft. setback
and 50 ft. front yard is a better alternative. This resolution was
duly adopted (4-1).
Page 29 - Minutes
Regular Meeting - September 13, 1995
Southold Town Board of Appeals
10:38 - 10:48 p.m. Reconvened Appl. No. 4317 - EDWIN' and DONALD
TONYES. (Carryover from earlier this evening, as agreed). Property
location: 55465 Main Road, Southold. HB Zone District. The applicants
Edwin Tonyes, Jr. and Donald Tonyes- appeared , and authorized an
amendment to their application to include alternative relief if the Board'
found best for a two-family rather than three uses. The applicants
confirmed that they would prefer three uses since a ,multi-family dwelling
use is permitted in an HB zone district and they are willing to merge the
abutting westerly lot with this property. After receiving further
testimony, motion was made by Chairman Goehringer, seconded by Member
Dinizio, and duly carried, to declare the hearing concluded (closed),
pending deliberations at a later date.
End of public hearings. Meeting agenda continued for deliberations and
determinations, infra.
IV. CONTINUATION OF DELIBERATIONS/DECISIONS from tonight's
hearings continued on the following pages in the order noted below:
Appl. No. 4327 - ROBERT AND DENISE WHELAN.
Appl. No. 4328 - ROBERT FEGER and THERESA TAYLOR.
Appl. No. 4330 - FLORENCE TILDEN.
Appl. No. 4329 - CHRISTOPHER MAUCERI.
Appl. No. 4332 - ARTHUR HAF.
Appl. No. 4334 - ESTATE OF CLOTILDA OLIVER
Appl. No. 4333 - .GENEVIEVE STALEY and FRANK PALUMBO,
IV. OTHER NEW APPLICATIONS WERE REVIEWED and ACTION taken as
noted below:
A. Appl. No. 4337 - LAWRENCE HUKE. E/s Westphalia Road and S/s
Private Road, Mattituck.
1. Board Member(s) confirmed site inspection and review of
incomplete application furnished to board members.
2. MOTION was made by Chairman Goehringer, seconded by
Member Tortora:
a) to REQUEST County Health Department status and
recommendations for location of a house, cesspool and water well systems
from the NYS Department of Environmental Conservation, and
Page 3 0 - Minutes
Regular Meeting - September 13, 1995
Southold Town..Board of Appeals
(b) to RECOMMEND town designation of lead agency and send
further comments to the Town Trustees now that ZBA application has now
been filed for this Critical Environmental Area (SEQRA Type I Action).
(c) to REQUEST search to address history of ownership of
private road to the north of subject lot and additionally insure the Town of
Southold in the amount of $25,000 for a determination on the lot creation.
This resolution was duly carried and adopted. (Without opposition)
3. It was noted that the ZBA had no objection to the Trustees
requesting its own town environmental consultant to review LEAF and
requesting $500.00 fee for the LEAF review.
B. Review and request for inspection was confirmed for: Appl. No.
4336 - PEGGY HELLER/N. DOUGLASS. Front and rear yard setbacks. 1145
Majors Pond Path, Orient.
C. Review and request for inspection was confirmed for: Appl. No.
4338 - WILLIAM J. WAGNER. Renovation and relocation of former
preexisting use of sign for antiques, 7130 Main Road, East Marion.
D. Review and request for inspection was confirmed for: Appl. No.
4339 - GINA MAXWELL by PETER TERRANOVA (her father). 8 x 12 ft.
accessory shed in rear yard is partly located in a side yard in an
alternative location. 170 Orchard St. (old fire house), Orient.
E. Review and request for inspection was confirmed for: Appl. No.
4340 - J. GRILLO by George Johnston. Portion of fence variable from 4' to
6' along private right-of-way at N/s Peconic Bay Boulevard and 365
Mesrobian Dr., Laurel.
F. Review and request for sign permit was confirmed for: Winery
Event Permit Appl. No. 4 - PINDAR. Outdoor event for September 23.
G.. Review and request for sign permit was confirmed for: Winery
Event Permit Appl. No. 5 - PINDAR. Outdoor event for September 24th.
H. Review and request for sign permit was confirmed for: Winery
Event Permit Appl. No. 6 - PINDAR. Outdoor event for October 14.
I. Review and request for sign .permit was confirmed for: Winery
Event Permit Appl. No. 7 - PINDAR. Outdoor event for October 15.
V. The following OTHER UPDATES and REMINDERS were confirmed:
Next ZBA Meeting: Wednesday, October 11th.
Code Review Session: None for September as yet.
Planning & Zoning Session: Sept. 7th only, as yet.
t,
Page 31 - Minutes
Regular Meeting - September 13, 1995
Southold Town Board of Appeals
ZBA Budget 1996.
VI. Discussion - permit booket. Member Tortora indicated that she found
several misrepresentations (errors) within each area of jurisdiction and
would like each department to prepare its own synopsis. Both the Board
Secretary and Member Tortora with the Chairman indicated they would like
to see actual references to "provisions of law" and removal of some of the
present wording. Examples were discussed. Board Members would like to
continue on this subject at the next meeting on October 11, 1995. It was
noted that Bob Keith was on vacation until October 2, 1995 and was also
presently working with others on suggestions.
The Chairman declared the meeting adjourned at 11:55 p.m.
Respectfully submitted,
da F. Kowalski 1.0/4/95
Clerk of the Board
Gerard P. Goe. g , th 'rman
Transcripts.-;of public hearings are prepared under separate cover
and are transcribed verbatim from tape recordings . The original
transcripts are filed with the Town Clerk for reference purposes .
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE HO
Town Clerk, TowA of Southold