HomeMy WebLinkAboutZBA-08/09/1995 APPEALS BOARD MEMBERS
h�0 Gy Southold Town Hall
Gerard R Goehringer, Chairman o= 1 53095 Main Road
Serge Doyen,Jr. co = P.O. Box 1179
James Dinizio, Jr. 0y �� Southold, New York 11971
Robert A. Villa ?�Ol �a0 Fax(516)765-1823
Lydia A.Tortora Telephone(516).765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 9, 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, AUGUST 9, 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
Lydia A. Tortora, Member
Linda Kowalski, Board Assistant and Secretary
The Chairman called the meeting to order at 7:30 p.m. and proceeded with
the public hearings, noted below:
I. PUBLIC HEARINGS HELD:
7:33 p.m. Appl. No. 4319 - YOSHIMASA OSATO. (Carryover from
July 12, 1995). Proposed addition with reduced front front yard setback
at 35 Sunset Way and 3250 Cedar Beach Road, Southold.
7:36 p.m. Appl. No. 4324 - RICHARD MAUTNER. Variance under Article
IIIA, Section 100-30A.3 and Article XXIII, Section 100-239.4B, based upon
the disapproval action of the Building Inspector dated July 18, 1995.
Applicant proposes to construct deck addition at the rear of existing
dwelling which will have an insufficient side yard setback or insufficient
setback from bulkhead. The subject property is nonconforming having a
lot area of 16,875 sq. ft. and a lot width of 50 feet; Location: 2055 Bay
Shore Road, also referred to as Lot 34 on the Map of Pecoidc Bay Estates,
Greenport; Parcel ID #1000-53-4-12.
7:48 p.m. Appl. No. 4325 - THOMAS McCARTHY. Variance under Article
IIIA, Section 100-30A.3, based upon the disapproval action of the Building
Inspector dated July 18, 1995. Applicant is requesting permission to
Page 2 - Minutes
Regular Meeting of August 9, 1995
Southold Town Board of Appeals
exceed lot coverage in order to extend porch addi Lion to a size larger
than that permitted under Building Permit No. 22881 issued 7/12/95.
Property Location: 375 King Street, New Suffolk, NY; Parcel ID
#1000-117-07-8.3; also referred to as Lot #3 on the Minor Subdivision Map
approved 6/13/94.
7:55 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. (Carryover
from July 12,' 1995 for continuation). Property location: 55465 Main
Road, Southold. HB Zone District. On motion by Member Villa,
seconded by Chairman Goehringer, and duly carried, the hearing was
postponed until September 13, 1995 as requested by the applicant in order
to obtain an engineer's report.
7:56-8:55 and 9:05 - 9:17 p.m. Appeal No. 4314 - JAMES and BARBARA
MILLER, Contract Vendees. (Owners/Sellers: Paradise of Southold, Inc.
and Others). Continuation of hearing carried over from June 7, 1995 and
further postponement from July 12th per request of attorney for
applicant. Location of Property: 580 Basin Road, Southold, NY,
Paradise Point Section One, Filed Map 3761-4/11/63; also known as
1000-81-1-16.7 (formerly part of 16.4). This request is based upon the
March 29, 1995 action of disapproval by the Building 'Inspector, wherein
applicants are requesting a building permit to locate a new single-family
dwelling, disapproved on the following grounds:
111. This parcel of 1.79 acres is not shown on the Map of Paradise
Point, Section One, as a building lot; Section 100-281A-7. Single and
separate search required back to 1957.
2. Approval required by Board of Appeals to build single-family
dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires
80,000 sq. ft. of land area per use (or 160,000 sq. ft.), Article III,
Section 100-30A.
3. Approval is required from Board of Appeals under Article XXIII,
Section 100-239.4B for location of dwelling with decks at less than 75
feet from the existing bulkhead. . . ."
8:55 p.m. - 9:05 p.m. Temporary break.
9:17 - 10:15 p.m. RE-HEARING of Appl. No. 4128 -BREWERS YACHT
YARD, INC. Based upon the July 12, 1995 Board Resolution, a
rehearing is held to re-consider the use applied for by Brewer Yacht Yard
at Greenport, Inc. ' on September 2, 1992, under Article XII, Section
100-121B(1), Special Exception #4128, for food services to its marina
patrons and others. Subject premises is located in the M-II Zone
District, identified as Parcel No. 1000-43-3-2. Street address: 2530
Manhanset Avenue, Greenport, NY.
Page 3 - Minutes
Regular Meeting of August 9, 1995
Southold Town Board of Appeals
End of hearings. See written transcripts of verbatim statements made
during hearings. Written transcripts of hearings prepared under separate
cover and filed with Town Clerk's Office for reference and future use.
RESOLUTION: SEQRA. On motion by Chairman Goehringer,
seconded by Member Douglass, and duly" carried, it was
RESOLVED, to declare lead agency" status and a Negative Declaration
in this Unlisted Action under the New York State Environmental Quality
Review Act in the Matter of Thomas McCarthy under Appeal No. 4325 for
the reasons noted in the Notice of Negative Declaration.
Vote of the Board: Ayes: All. This resolution was duly adopted. "
* *
RESOLUTION WITHDRAWING APPL. NO. 4321 -- .FRANK PALUMBO and
COUNTY OF SUFFOLK AND MARY MURPHY. On motion by Chairman
Goehringer, seconded by Member 'Douglass, and duly carried, the variance
application of Frank Palumbo was withdrawn, as requested.
* * *
DELIBERATIONS and' DECISION carried over from July 12, 1995 Regular
Meeting:
Appl. No. 4316 - OSCAR AND BETH BLEVINS. This is a Variance
based upon the May 11, 1995 Notice of Disapproval issued by the Building
Inspector for permission to relocate dwelling and garage addition which
will . have insufficient front and side yard setbacks, Article IIIA, Section
100-30A.3. Location of Property: 640 Haywaters Drive (and Mason
Drive), Cutchogue, NY; County Tax Map Parcel No. 1000-104-5-23. Zone
District: R-40.
(Findings of Fact and Decision, continued on next page)
Page 4 - Minutes .
Regular. Meeting of August 9, 1995
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: August 9, 1995 APPL. #4316.
APPLICANTS: OSCAR AND BETH BLEVINS'.
LOCATION OF PROPERTY: 640 Haywaters Drive, Cutchogue.
COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 5," LOT 23.
BASIS OF APPEAL: Notice of Disapproval issued by the Buildin#; .
Inspector dated May 11, 1995. "Under Article IIIA; . Section 100-30A.3.
Proposed Construction will have Insufficient front . and side _yard
setbacks.
PROVISIONS APPEALED FROM: Article IIIA, Section "100-30A.3'.
RELIEF REQUESTED: Setback proposed at 1.1 feet at its, closest point
and 15 feet at the northeasterly corner of the proposed dwelling, "as
relocated, for the northerly side yard, and 25 feet from the .southerly
front yard (near Mason Drive).
MOTION MADE BY MEMBER: Robert A. Villa
SECONDED BY MEMBER: Gerard P. "Goehringer, Chairman
ACTION/RESOLUTION ADOPTED: Approved as . applied with the
understanding that the applicant will obtain all other 'agency approvals
required for this new dwelling location and utility hook-ups.
REASONS/FINDINGS: The subject property is a ,.corner lot with two
front yards. The house as exists is located 11 feet from the northerly
side yard and at 25+- feet from the .southerly front property line - at
an angle and size different from that now proposed in .this project.
The dwelling structure is proposed to meet all other zoning requirements.
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.
J,
Page 5 Minutes
Regular Meeting of August 9, 1995
Southold Town Board of Appeals
ACTION OF THE. BOARD OF APPEALS :
DATE OF ACTION: August 9, 1995 APPL. #4324.
APPLICANT: RICHARD MAUTNER.
LOCATION OF PROPERTY:: 2055 Bayshore Road, Greenport. NY:. IQ' 0 0-5 3 4-12.
BASIS OF APPEAL: Notice of Disapproval issued by the- Building Inspector on
July 18, 1995. "Proposed construction;is-less than 75,- ft. 'from bulkhead%, .,._ 'and
will have insufficient side yard setback. . . .
PROVISIONS APPEALED FROM: Art. ' IIIA Section 100-30A.3 and Article
Section 100-244B.
RELIEF REQUESTED: Variance for addition for open -with reducti ion in
south (south/east) side yard setback from present 7.5 feet to a 'requested 3.5
feet, and reduction in setback from bulkhead from 'present 55 feet- -at the
northeasterly corner to a requested 35 feet at its closest point.'
MOTION MADE BY: James Dinizio, Jr., Member
SECONDED BY: Gerard P. Goehringer, Chairman
ACTION/RESOLUTION ADOPTED: Denied 3-1/2 ft. reduction' 'in sideyard, and
Granted setback from bulkhead provided deck is 'not wider than :,the existing
width of the house and is not closer than 55 ft. to the bulkhead at the
northeasterly corner at its closest'point.
REASONS/FACTS: The setback requested is similar to those existing.along the
waterfront , in this area. The relief requested will n 6t produce an adverse
effect or impact on the physical or environmental conditions, of the neighborhood
as an open" and "unenclosed, unroofed" deck addition. Grading and, drainage is
not to be toward the waterway or bulkhead area and shall be" 'property retained.
VOTE OF THE BOARD: Ayes: Sorge 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.
i
Page 6 - Minutes
Regular Meeting of August 9, .1995
Southold Town 'Board of Appeals
ACTION OF THE BOARD OF APPEALS ,
DATE OF ACTION: August. 9, 1995 APPL. #4319.
APPLICANT: YOSHIMASA OSATO.
LOCATION OF PROPERTY: 35 Sunset Way and 3250 Cedar Beach Rd,
Southold. .
COUNTY TAX MAP.DISTRICT 1000, SECTION 91, BLOCK 1, LOT 15..
BASIS OF APPEAL: - Notice of Disapproval issued by 'thee Building
Inspector dated May 18, 1995 "Insufficient front _yard setback required
at 35 feet minimum, Article IIIA, Section 100-30A.3."
PROVISIONS APPEALED FROM:' Article IIIA, Section 100-30A.3.'
RELIEF REQUESTED: .Setback proposed .at 30.5 feet from the westerly
property line along Sunset Way, for the corner of proposed 'deck,
requires a variance. The amount of relief requested 'appears to be
approximately '36. square feet due. to the angle of . the .project.. The
setback from the northerly property line along Cedar ..Beach Road is
shown as 35 feet (Code requirement).
MOTION MADE BY MEMBER.: Robert A. Villa
SECONDED BY..MEMBER: James Dinizio, Jr.
ACTION/RESOLUTION ADOPTED: Approved as applied with the condition
that the deck not be roofed, and shall remain open as a deck, as-
requested herein.
REASONS/FINDINGS: The subject property is a corner lot, with frontage
along two streets. The amount of square footage necessary to afford
relief is very minimal in relation to the requirement., Deck is proposed
to remain open and unroofed.
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 .7 - Minutes
Regular Meeting of August 9,. 1995
Southold Town .Board of Appeals
ACTION OF THE BOARD OF APPEALS
Appl. No. 4314.
Upon Application of JAMES AND BARBARA MILLER; .Contract
Vendees (Owner: -Paradise of Southold, Inc. .and Others). This
application is based upon the March 29, 1995 Notice of Disapproval
issued by the Building Inspector, wherein applicants are requesting a
building permit to locate a new single-family dwelling, disapproved
on the following grounds:
"1. This parcel of 1.79 acres is not shown ,on the Map of
Paradise Point, Section One, .as a building lot; Section 100-281A-7.
Single and separate search required back to 1957.'.
2. Approval required by Board of Appeals to build
single-family dwelling as a .second use .'on . this 1.79--acre parcel.
R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000
sq. ft.), ref. Article III, Section 100-30A.
3. Approval is required from Board of Appeals under Article
XXIII, Section 100-239.4B for location of dwelling with decks at less
than 75 feet from the existing bulkhead;
4. Approval required to amend Filed Map as approved by' the
Planning Board for Paradise Point, Section One, pertaining to 'Future
Extension' of Basin Road and use of this parcel as a building lot.
Ch. 100 and Ch. . 108. . . ."
Location of Property: 580 Basin Road, Southold, Paradise Point
Section One, Filed Map No. 3761 filed April 11, 1963;' , also known as
1000-81-1-16.7 (formerly part of 16.4).
WHEREAS, public hearings were held on June 7, 1995, July 12,
1995 and August 9, 1995, at .which times all persons, who desired to �
be heard were heard and extensive testimony recorded (pro and
con); and
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application;
Page 8, - Appl. No. 4314
Matter of JAMES AND BARBARA MILLER
Decision Rendered August 9, 1995
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 APPEAL. The Building Inspector's Notice of
Disapproval, upon which this variance application is based, is dated
March 29, 1995. On March 10, 1995 the Building Inspector received a
building permit application to construct a single-family dwelling
with decks, accessory swimmingpool, and retaining the use of the
existing boat basin (private marina) use for lot owners in the
Paradise Point Association, Inc. The marina is "as built" with
docks, bulkheads, parking areas, an existing improved access
extension; easements for access to the jetty by lot owners and others
using the private marina, as well as open accessibility to and around
the perimeter of this 1.79+- lot.
2. CODE REQUIREMENTS. The grounds for disapproval are' as
follows:
1. This parcel of 1.79 acres is not shown on the Map of
Paradise Point, Section One, as a building lot; Section 100-281A-7.
Single and separate search required back to 1957.
2. Approval is required . . . to building single-family
dwelling as a second use on this 1.79-acre parcel. R-80 zone
requires 80,000 square feet per use. Article III, Section 100-30A.
3. Approval is required . . . under ARticle XXIII, Section
100-239.4-B for location of dwelling with decks at less than 75 feet
from the existing bulkhead.
(Note: Paragraph numbers 4 and 5 relate to other department
approval requirements).
3. PROPERTY DATA.' The premises in question is located
along Basin Road at Paradise Point identified on the County Tax Maps
as District 1000, Section 81, Block 1, Lot 16.7 containing a total
area of 1.79 acres (inclusive of low wetland area and inclusive of a
strip of land referred to as a "jetty" - whose ownership has not be
ascertained through title insurance or through search of deeds).
After removal of the jetty upland area from the total area of this
property, the lot area is 74,595+- square feet. ' The areas subject
to flooding and unusuable for parking and residential-type uses
appears to be 5,000+- sq. ft., leaving a total upland area of
approximately 70,000 sq. ft. for two uses: (a) the existing private
marina use and (b) a proposed single-family residential dwelling
with accessory uses. Contiguous to the east is Basin Road, which is
Page 9 - Appl. No. 4314
Matter of JAMES AND BARBARA MILLER
Decision Rendered August 9, 1995
shown on the map of Paradise Point to extend beyond, onto the
subject property. Upon information received, no formal amendments
to the 1963 Subdivision Map of Paradise Point were filed with the
Suffolk County Clerk. since its original filing as Map No. 3761.
4. PROPOSED VARIANCE. The applicant herein is contract
vendee for the purchase of the subject property with proposals to
alter the present improvements (base of road extending from Basin
Road to the westerly waterway section), for construction of a new
dwelling and accessory swimmingpool.
5. AMOUNT OF RELIEF REQUESTED. The proposed dwelling is
shown to be 7614" at its longest side (along the east measurement)
and 76 feet wide at its point closest to the bulkhead along Southold
Bay (Town Harbor). The setback of the house was originally
proposed at 51 feet at its westerly corner point, and during the
August 9, 1995 hearing, applicant's offered an alternative setback
increase from 51 feet to 60 feet at its closest points, and increase
from 58 feet at its easterly corner to 65 feet. The setback shown
from the easterly neighbor is 60 feet, and the setback from other
deeded lot lines was shown at 75 feet or more. The amount of actual
house area which is rquested under the variance is approximately
1175 square feet (ground area). The reduction by the requested
variance is 15 feet and 10 feet, respectively, which is 20 o and 14 0,
respectively, less than the code requirement of 75 feet.
6. CHARACTER OF SURROUNDING AREA. The neighborhood
consists of many lots improved with single-family residences in a
residential community with waterfront accessibility. The neighbors
also have used the southerly portion of this property as a private
marina for private boating purposes. To the south is approximately
80,0000 sq. ft. of land, mostly underwater, which which together
with the canal or inlet, is understood to be owned and privately used
by Paradise Point Association, Inc. and its lot owners. Directly to
the east fronting along Basin Road are two subdivision lots improved
for residential use.
7. PRIOR "PEALS. The subject property has not been the
subject of prior appeal applications. There are records which were .
reviewed pertaining to a May 11, 1981 map for a minor subdivision -
apparently reviewed and acted upon by the Town Planning Board for
approval. That minor subdivision map is different in some respects
to the 1963 filed Major Subdivision map of Paradise Point pertaining
to the Extension of Basin Road and possible turnaround area,
however, a formal map filing for the amendments were not found
through the County Clerk's records. The maps are unclear as to
whether the existing access used as an Extension of Basin Road, and
by lot owners and their families, was to be intentionally abandoned.
The map also shows the jetty to be separate from the subject
Page 10- Appl. No. 4314
Matter of JAMES AND BARBARA MILLER
Decision Rendered August 9, 1995
property in May 1981, and information in the hearing records
indicates that the jetty was built by joint efforts of the residents
and lot owners (and/or Association Members) from the Paradise Point
area.
8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the
position of the Board that:
(a) an undesirable change will be produced by the grant
of the relief requested for two principal uses on this 74,595+-
square foot;
(b) the grant of the variances requested would ' create
"mixed uses" for both a private marina use and a private residence
for which 160,000 square feet of land area is required in this R-80
Residential Zone District;
(c) as noted in paragraph 5 above, the relief requested
is substantial;
(d) the difficulties claimed are personal in nature to
the contract vendee, who has indicated he has a "signed contract"
with the owner and that the architectural design, layout and size of
the house that they have chosen is not "changeable" and was one ,of
the reasons for wanting to build;
(e) applicant has indicated no desire to alter the size or
layout of the house in order to comply with the zoning regulations,
including limited area for residential use in order to adequately
provide parking and fire access to the marina areas around the
property;
(f) the relief,. as requested, is not the minimum
necessary, and does not adequately preserve and protect the
character of the neighborhood and the health, safety and welfare of
the immediate community areas;
(g) in light of all the above, there are .alternatives for
appellant to pursue to better plan for the existing marina uses or
for a principal residential building which will fit within an
appropriate upland area with greater setbacks from the water and
wetland areas, with less reduction in setbacks and less relief.
Accordingly, on motion by Member Villa, seconded by
Page 11 - Appl. No. 4314
Matter of JAMES AND BARBARA MILLER
Decision Rendered August 9, 1995
Member Dinizio, it was
RESOLVED, to. DENY the variances requested and as noted
above.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio,
Villa, and Tortora. This resolution was duly adopted by unanimous
vote of the board members.
Page ,12 - Minutes
Regular Meeting of August 9, 1995
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: August 9, 1995 APPL.- #4325.
APPLICANT: THOMAS MCCARTHY.
LOCATION OF, PROPERTY: 375 King Street, New Suffolk, 'NY.
COUNTY TAX MAP DISTRICT 1000, SECTION 117, BLOCK 7, .LOT 8.3
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated July 18, . 1995. "Enlargement of enclosed porch '. . .will
exceed the permitted lot coverage. . . ."
PROVISIONS APPEALED FROM: , Article IIIA, Section 100-30A.3.
RELIEF REQUESTED: Enlargement of porch area. from 12'4" x 17'8" as
approved under Building Permit #22881Z 'on 7/12/95, to a size of
12' x 24.' The lot coverage, as enlarged, exceeds -the code limitation
by approximately 68 square feet due to' the angle of the project. The
front yard and side yard setbacks are proposed to conform' with the
zoning code requirements for a principal structure.
MOTION MADE 'BY MEMBER: Lydia A. Tortora
SECONDED BY MEMBER: Gerard P. Goehringer, Chairman
ACTION/RESOLUTION ADOPTED: Approved lot coverage variance as
applied for an' enlargement of the proposed porch to 12' x 24' (instead
of 12'4" x 171811).
REASONS/FINDINGS: The variance is minimal and does not create any
reduction . in the established side yard. The porch is proposed , to
comply with all other zoning regulations.
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 13 - Minutes
Regular Meeting of August 9, 1995
Southold Town Board of Appeals
Resolution adopted by the ZBA on August 9,, 1995
ACTION. OF THE BOARD OF APPEALS
RE-HEARING of Appl. No. 4128 - BREWERS YACHT 'YARD AT
GREENPORT, INC. Based upon the July 12,' 1995. Board Resolution, a
rehearing is held to re-consider the use applied for by Brewer Yacht
Yard at Greenport, Inc. on September. 2, 1992, under Article XII,
Section 100-121B(l), Special Exception #4128, for food services to its
marina patrons and..others. . Subject premises is located in '-the M-II
Zone District, identified as Parcel No. 1000-43-3-2.' Street address:
2530 ManhansetAvenue * Greenport; NY.,
WHEREAS, after due notice, a public hearing was held on
August 9, 1995 for the purpose of a "re-hearing to consider the use
applied for in 1992 and its present operation, " and at said hearing,
.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; 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: .
SITE INFORMATION
1. The subject premises is an 'existing boatyard, marina and
snack bar located at the southwest corner of Manhasset Avenue and
Sandy Beach Road in Greenport. The entire upland portion of the
site and some underwater lands are within the Marine II Zoning use
district of the Town of Southold.
2. The size of the 'subject premises is 9.5+- acres and is
identified as County Tax Map District 1000 Section 43, Block 3,
Lot 2.
3. On October 15, 1992, a Special Exception application for an
accessory food. service establishment incidental to the principal use
(marina) for "its marina patrons" as requested under Appl. No. 4128,
was conditionally approved.
Page's_14- Appl. No. 4128-SE
Matter of BREWERS YACHT YARD AT GREENPORT
Decision Rendered August 9, 1995
4. As part of that determination, conditions were placed which
required that in the event of an expansion, modification, alteration
or change to a use or floor area beyond the scope of the 46 ft. x 60
ft. area approval by the 1992 Special Exception, further approval
would be required by the Board of Appeals.
5. Subsequently on December 14, 1992, an environmental review
process. was completed and a Negative Declaration pursuant to the
provisions of the N.Y.S. Environmental Quality Review Act was
declared by the Town of Southold for this use and marina-related
activities at this site.
6. By letter dated June 8, 1994 to Claudia Helinski,' the present
tenant-operator of the subject snack-bar restaurant, the Planning.
Board .of the Town of Southold confirmed that its present use was
covered under its site plan approval issued January 11, 1993, and
therefore no further review is required by their department pertaining
to the parking and site plan regulations.
7. By letter received April 24, 1995 from Arthur M. Tasker
(resident of the area) requesting that ' the Town review the activities
of this "food service" due to concerns over recent advertisements in
the local newspapers for catering as well as lunch and dinner at "The
Salamander Cafe" and serving beer and wine to interested patrons,
Mr. Tasker is concerned that the services extended were beyond the
use/activites approved by the Board of Appeals in 1992, particularly
since the resolution stated it was to be an "accessory food service
facility for its marina patrons as an amenity", and other reasons.
(Emphasis added) (Ref: .Verbatim transcript of hearing record of
August 9, 1995.)
RESTAURANT USE
8. For the record the following facts are noted:
a) At the time of issuance of the Special Exception, the
zoning code allowed a "restaurant" use by Board of Appeals approval
pursuant to Article XII, Section 100-121B(2):
Uses permitted by special exception ....
(1) Restaurants, excluding outdoor counter service,
drive-ins or curb-service establishments. Such prohibition
shall not prevent service at tables on a covered or uncovered
terrace or porch incidental to a restaurant... .
b) A "restaurant" use was defined in the Zoning Code at
the time (during 1994 and previously), as follows:
Any premises where food is commercially sold for on-premises
consumption to patrons seated at tables or counters. Any
facility making use of carhop or parking lot service to cars
or for the consumption of food to be eaten in said cars or
Page 15- Appl. No. 4128-SE
Matter of BREWERS YACHT YARD AT GREENPORT
Decision Rendered August 9, 1995
outdoors shall not be considered a "restaurant" for the
purpose of this chapter and shall be deemed to be a
"drive-in or fast-food restaurant."
c) Seating at tables or counters was authorized under the
1992 Special Exception.
d) The number of seats for all patrons was, and still is,
limited based upon the Health Department permit and based upon the
size of the floor area of 46 ft. by 60 ft.; see particulars detailed
on site plan prepared by Daniel S. Natchez and Associates, Inc. dated
July 31, 1992.
9. By the 1992 application it was known and accepted that the
subject snack-bar or "cafe" use was intended for service of prepared
foods mainly for marina and boatyard patrons. It was not the intent
of the .Board .of Appeals to prohibit the service of food on-site to
patrons other than marina users, however it shall be available for the
marina and boatyard customers as well as others. This
single-service restaurant is specifically defined by the County Health
Department and is conditioned by this determination as such. This
food service is small and has a lighter effect on the area than that
caused by large-scale restaurants containing dining with
entertainment, dancing, etc." In fact it was represented again to
the Board by the applicant that the use is no different than that
presented in 1992 when it received its approvals. The applicant has
assured the Board that in the event there is any change, the owner
will return to the Town to obtain necessary approvals and assure full
compliance.
COMPLIANCE
10. In considering the testimony submitted during this new
hearing and visiting the area, the Board Members find the present
use is in full conformity with the Special Exception pertaining to the
"use" as a snack bar, cafe-type restaurant (single-service) - and the
applicant has indicated he is not requesting a different use, is not
requesting an expanded use, and is not requesting anything other
than that permitted under zoning. This Board agrees.
Although a question was raised about the code's provision pertaining
to a six month expiration period, the Board finds - that all permits
were actively pursued, Building Permit #22148 was issued on 6/23/94.
Subsequently a Certificate of Occupancy was also issued.
LIMITATION OF FUTURE EXPANSION
11. The. use granted under Special Exception No. 4128 is, and
continues to be permitted at its present size of 46 ft. by 60 ft. in
floor area, and is subject to other rules and regulations specified in
the Zoning Code (and other codes applicable to this establishment).
Page 16- Appl. No. 4128-SE
Matter of BREWERS YACHT YARD AT GREENPORT
Decision Rendered August 9, 1995
12. Considerations by the Board were also given, among other
things, under Section 100-263, sub-paragraphs A through P of Section
100-264, and Section 100-265, and find that there is no adverse effect
or disturbance, as presently operating.
13. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by
Mrs. Tortora, 'it was
RESOLVED, to RE-CONFIRM the use approved under Special
Exception application No. 4128 for a single-service restaurant use,
commonly referred to as a snack-bar or cafe-type restaurant and
provided under Article X, Section 100-121B(1) of the Southold Town
Zoning Code, at the existing marina and boatyard parcel of 9.5 acres,
subject to full conformity with all rules and regulations applicable
to a "single-service restaurant" defined by the Suffolk County Health
Department.
VOTE OF THE BOARD: AYES: Messrs. Goehringer, Doyen,
Dinizio, Villa and Tortora. This resolution was duly adopted.
Clarification Noted: This establishment is not limited to
"marina'? patrons only and must re-apply for expansion, 'as well as
other restrictions in accordance with the Code of the Town of
Southold.
Page 17 - Minutes '
Regular Meeting of August 9, 1995
Southold Town Board of Appeals
RESOLUTION ,FOR NEXT MEETING:
On motion by Member Doyen, seconded 'by Chairman Goehringer, it .
was :
RESOLVED, to authorize publication of the following 'new applications
for public hearings to be held on Wednesday, September 13,` i995;
1. 7:32 p.m. Appl. No. 4331 - DAVID 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, "Side,
ard .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.
2. 7:38 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. . 100-33)-, 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.
3. 7:43 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 Hamilton) 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 Subdivision Map approved' 4-12-93 by the Planning Board for
Robert D. Hamilton.
4. 7:47 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.
5. 7:50 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 garage
addition to dwelling with an insufficient front '.- yard and. side yard
Page 18 - Minutes
Regular Meeting of August 9, 1995
Southold Town Board of Appeals
setbacks. Location of Property: 3100 Deep Hole Drive, Mattituck, NY;
Parcel No. 1000-115-17-14.
6. 7:55 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 permission 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.
7. 8:00 p.m. Appl. No. 4332 -ARTHUR IIAF. Variance based upon the
August 6, 1995 .Notice of Disapproval from the Buildid7g 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.
8. 8:05 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-Il ' Zone District.
Location. of Property: 64355 Main Road, Greenport, NY; Parcel No.
1000-56-4-21.
9. 8:10 p.m. Appl. No. 4333 -GENEVIEVE STALEY and FRANK
PALUMBO, as Contract Vendee. Variance bsaed 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, Southold,. NY; Parcel No.
1000-33-1-7.
10. 8:15 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 other
than the required ' rear yard (instead of as an attached structure).
Location of Property: 1575 Captain Kidd Drive, Mattituck, NY; Parcel .
No. 1000-106-05-17 & 18.
11. 8:20 p.m. Appl. No. 4317 - EDWIN and "DONALD TONYES.
(Carryover from July July 12, 1995 for continuation). Property location:
55465 Main Road, Southold. HB Zone District.
Vote of the Board: Ayes: All. This resolution was duly adopted.
Page 19 - Minutes
Regular Meeting of August 9, 1995
Southold Town Board of Appeals
SPECIAL EXCEPTIONS - The Board Secretary confirmed that she
submitted copies of her five-page report to ZBA Member boxes within the
last two weeks listing Special Exceptions (from 1985 to the present
time). Board Members Villa and Tortora asked that research be done to
determine the Planning Board and/or Building Permit .issuance time periods
for special exceptions generally during the past 10 years. ' The Board
Secretary asked for assistance from Board Members in reviewing the
Planning Board and Building Department files and/or Assessors cards for
that 10-year time period.
The Chairman indicated that when time permits, a new list would be
prepared, in draft form. It was noted that the research list would be
informally done to be used "for internal ZBA use" only until such time as
a resolution (in the future) from the Board of Appeals as an entire board
hsa reviewed the same and then perhaps prepared in its submission of
code change recommendations, or no code changes, to the Town Board.
The Chairman appointed Members Tortora and Villa as two ZBA members to
give suggestions back first to the ZBA for consideration, in order that a
formal recommendation through the ZBA by resolution could be finalized.
Members Villa and Tortora indicated the wording ' of. Section 100-262(c)
should be further discussed. Member Dinizio said lie did not feel there
was a need for a change in the wording of the code but would like to be
included when it is further discussed for possible change.
Following the end of the informal discussions, motion was made by
Member Tortora, seconded by Chairman Goehringer, and duly carried, to
adjourn at this time.
The meeting was adjourned at 10:52 p.m.
Respectfully submitted,
Linda Kowalski, Secretary
Board of Appeals 9-18-95
Z--911,fFP195 - Gerard P. Goe fingerE�; ��jEj) AND FILED BY
Chairman TIE SOUTHOLD TOWN CLERK
DATE / ��d HOUR
���,=W--�_--`
Town Clerk, Town of Southold