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HomeMy WebLinkAboutZBA-07/12/1995 APPEALS BOARD MEMBERS o�OSpFF���CO Southold Town Hall G Gerard P. Goehringer, Chairman c y�e 53095 Main Road Serge Doyen,Jr. cc Z P.O. Box 1179 James Dinizio,Jr. O Southold, New York 11971 Robert A. Villa Fax(5,16)765-1823 Lydia A.Tortora �l �a Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD _M I N _U T E S REGULAR MEETING WEDNESDAY, JULY 12, 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, JULY 12 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 7:30 p.m. and proceeded with the first item on the agenda (public hearings) as follow: I. PUBLIC HEARINGS: 7:32 p.m. Appl. No. 4316 - OSCAR AND B:ETH 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 IIaywaters .Drive (and Mason Drive), Cutchogue, NY; County Tax Map Parcel No. 1000-104-5-23. 'Lone District: R-40. Diane Herold, Architect appeared as agent with Mr.. and Mrs. Blevins. After receiving testimony. (see written transcript prepared under separate cover), a motion : was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to conclude (close) the hearing record pending deliberations and determination (at a later date). This resolution was unanimously adopted. (See August: 9, 1995 meeting for written deliberations and determinations. ) 7:52 p.m. Appl. No. 4319 - YOSHIMASA OSA`1'O. This is a Variance based upon the May 18, 1995 Notice of. Disapproval is:-,axed by the :Building Inspector for permission to construct an addition to dwelling which will have an insufficient front yard setback at 35 Sunsci t Way and 3250 Cedar Page 2 - Minutes Regular Meeting of July 12, 1995 Southold Town Board of Appeals Beach Road, Southold. Zone District: R-40. The Board Secretary informed the Board that the applicants called earlier today and said they had a problem with transportation from NYC (both worked in NYC at different schedules) to Southold tonight and. asked that she relay the message to the Board, and if further information was needed, they would be happy to furnish it either by telephone or mail. After some discussion, motion was made by Chairman Goehringer, seconded by Member Villa, to recess (continue) the hearing until August 9, 1995 for the purposes of addressing a question by Member Villa regarding the <a-ctual use of the rooms adjoining the proposed deck area and other infos°rnation. Vote of the Board: Ayes: All. This resolution was duly adopted. 7:57 p.m. Appl. No. 4318 - HENRY RUTKO: SKI. This is a Variance based upon the Notice of Disapproval issued by the Building Inspector dated May 31, 1995 for permission to construct an addition which will have insufficient rear yard setback and which places accessory garage in a side yard, Article IIIA, Section 100-30A.3 and Section 100-30A.4 (ref. 100-33). Location of Property: 18275 Main Road, Mattituck, IVY; County Tax Map Parcel No. 1000-115-2-11. Zone District: R-40. After receiving testimony (see written transcript prepared under separate cover.), motion was made by Chairman Goehringer, seconded by Member Dini.zi©, and. duly carried, to APPROVE the application as applied. (Findings and determination as filed follow on the next page.) 17 Page 3 - Minutes Regular Meeting of July 12 , 1995 Southold Town Board of Appeals DATE OF ACTION: July 12, 1995 APPL. #4318. APPLICANT: HENRY RUTKOSKI. LOCATION OF PROPERTY: 18275 Main. Road, Mattituck, NY COUNTY TAX MAP DISTRICT 1000, SECTION 115, BLOCK 2, LOT 11. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 31, 1995:.., "Proposed construction will have insufficient rear Yard setback. .. proposed 'addition to dwelling would cause existing accessory garage to be in a side _yard and accessory buildings shall be located in a rear yard." Zone: R-40 Residential. PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.3, A.4. RELIEF REQUESTED: 10' x 12' addition (mud room) extending at 'the northerly corner of the existing dwelling into the present rear yard which normally would not require a variance except that the addition will now place existing accessory garage in what is considered a "side yard" area. Accessory garage are not permitted in side yard areas without Board of Appeals approval. Setbacks of accessory building will not be changed by this application. and proposed addition will comply with all setback and other zoning restrictions. MOTION MADE B Y: Gerard P. Goehringer, Chairman SECONDED BY: James Dinizio, Member ACTION/RESOLUTION ADOPTED: Granted permission to maintain existing location of accessory garage as built and due' to the proposed construction of a 10' x 12' addition is placed in a side Vard area. (Note: No conditions of variance except as provided by all other codes of the Town of Southold.) REASONS/FINDINGS: Addition will meet all zoning restrictions. Garage existed for many years in its present location. Relief requested is minimal. Under the circumstances, project is not unreasonable and will not cause a detriment to nearby properties or adverse impact on the physicial or environmental conditions in the neighborhood or district; although the difficulty may be considered by a court of law as self-created, the board does not feel it should preclude the granting of this area variance. 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 4 - Minutes Regular Meeting of July 12, 1995 Southold Town Board of Appeals 8:04 p.m. Appeal No. 4323 - JOHN CZARTOSIESKI and WILLIAM F. QUIRK, JR. Special Exception for an Accessory Bed and Breakfast, for the renting of .not more than three (3) rooms for :lodging and serving of breakfast to 'not more than six (6) casual and transient roomers, which request is to be clearly incidental and subordinate to the principal use (single-family. dwelling) use. Location of Property: 51680 Main Road, Southold, NY; County Tax Map Parcel No. 1000-63-6-3. Zone District: Residential-Office (RO). After reviewing communications which was made a part of the file and receiving testimony during the hearing, motion was made by Member Dinizio, seconded by Member Villa, to. approve the application - see written Deliberations and Determination on the following page. Page 5 - Minutes Regular Meeting of July 12 , 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: July 12, 1995 APPL. #4323. APPLICANT: JOHN CZARTOSIESKI and WILLIAM F. QUIRK, JR. LOCATION AND DESCRIPTION OF PROPERTY: Single-family dwelling built prior to 1957 situated on a 33,000+- sq. ft. (see Certificate of Nonconforming Premises #Z-23399 dated 12/12/94 issued to John Henry) for premises known as 51680 Main Road, Southold, NY COUNTY TAX MAP DISTRICT 1000, SECTION 63, BLOCK 6, LOT 3. ZONE DISTRICT: Residential-Office (RO). BASIS OF REQUEST: Article VII, Section 100-71A(4), ref. Article III, Section 100-31B(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- 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: James Dinizio, Jr., Member SECONDED BY: Robert A. Villa, Member ACTION/RESOLUTION ADOPTED: Granted as applied, subject to provisions at Section 100-31B(14) subsections (a) through (d), and subject to all other laws and regulations applicable to this accessory use in a single-family dwelling. REASONS/FINDINGS: Standards under Section 100-263 & 100-264 have been met; owners have shown intent to comply with all requirements. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member James Dinizio, Jr. , Member Gerard P. Goehringer, Chairman This resolution was unanimously adopted 4-0, plus one abstention by Member Tortora. Page 6_ - Minutes Regular Meeting of July 12, 1995 Southold Town Board of Appeals 8:10 p.m. Appl. No. 4321 - FRANK PALUMBO, as Contract Vendee (Owner: County of Suffolk/Mary Murphy). This application is a request for a Variance based upon the June 15, 1995 Notice of Disapproval issued by the Building Inspector for permission to construct dwelling with an insufficient front yard setback and within 100 feet of the Long Island Sound bluff .or bank. Also requested is a Variance under New York Town Law, Section 280-A for minimum improvements for access by fire vehicles over a private right-of-way or Easement Area: Commencing at .a point along the north side of Oregon Road, Cutchogue, along the westerly side of lands of Bokina, over lands now or formerly Baxter and others, identified as Lot 1.9, Block 1, Section 72, thence extending northerly approximately 1035 feet to a point, thence running in an easterly direction approximately 375 feet to the applicant's parcel of land identified as Lot 3.3, Block 2, Section 73, District 1000, all as shown by survey dated June 7, 1995 prepared for Frank and Louise Palumbo. This application was postponed -by the Chairman, as requested by the applicant's attorney, without a date (until further notice) apparently due to questions raised pertaining to the legal right (by title) to use the right-of-way over lands of Bokina or the adjoining ROW to the west. The attorney for the applicant is Philip J. Cardinale, Esq. 8:16 p.m. Appl. No. 4317 - EDWIN and DONA.I.D TONYES. This is a request for a Special Exception under Article IX, Section 100-91B, for permission to convert existing building in this Haml€A-Business (HB) Zone District from single-family dwelling to multiple-dwelling, or alternatively two-family dwelling with retail store. The subject lot with existing house contains a total area of 10,615 sq. ft. and is identified as 1000-62-1-14. The applicants also have an interest in an adjoining lot' identified as 1000-62-1-13 containing approximately 10,500 sq. ft. in area which is being offered in this project to increase the available land area. Both .lots are located -on the north side of the. Main Road, Southold, 'and are in the HB Zone District. Brothers Donald and Edwin Tonyes appeared in behalf of their application. Also present was Jody Adams who submitted letters to the Board with concerns and objections while she was (is) a tenant at the site. The Board recessed the hearing until August 9, 1995 in order that the applicants could have additional time to obtain an engineer's report on the proposed conversion confirming the changes necessary in order to comply with the State Building Code - see written transcript of hearing prepared under separate cover. 8:34 p.m. Appl. No. 4322 - WILLIAM GORDON. Variance based upon the May 24, 1995 Notice of Disapproval of the Building Inspector where applicant is requesting permission to construct garage and deck additions which will have insufficient front yard setbacks. Ref: Article IIIA, Section 100-30A.3. Location of Property: 1030 Broadwaters Road, Cutchogue; County Tax Map District 1000, Section 104, Block 9, Lot '1. Robert Brown, Architect appeared before the board. After much discussion (see written transcript prepared under separate cover), motion was made by Chairman Page 7 - Minutes Regular Meeting of July 12 , 1995 Southold Town Board of Appeals Goehringer for conditional approval - see Findings of Fact and determination , -;as`:.follows : :� ACTION OF THE BOARD OF APPEALS DATE OF ACTION: July 12, 1995 APPL. #4322. APPLICANT WILLIAM and VICTORIA GORDON. LOCATION OF PROPERTY: 1030 Broadwaters Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 9, LOT 1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 24, 1995. "Insufficient front _yard setback as set forth in the Zoning Code . 100-30A.3." PROVISIONS APPEALED FROM: Article III, Section 100-30A.3. RELIEF REQUESTED: Plan issued June 20, 1995 by Fairweather/Brown Architects shows proposed reduction in the presently nonconforming front yard setbacks to less than that established for a proposed wood deck to 15 feet and proposed relocation of attached garage from 9.8 feet to 5+- feet at its closest point. The subject front yard area faces a paper road referred to as "North Pond Road" which extends northerly to Broadwaters Cove. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Denied setback for proposed garage, and granted alternative relief with a setback of, not less than 716" at its closest point in the front _yard along Broadwaters Road. Setback for deck proposed at not less than 15 feet from the front property line granted as applied. REASONS/FINDINGS: Denial necessary due to substantial increase in present nonconformity at approximately 45% closer to Broadwaters Road, a town street. Requirement is to maintain existing nonconformity, or comply with bulk schedule for a 40 ft. front yard setback. House is presented situated on neighboring property of Lot #252 to the west, and shifting onto the this property is without a doubt necessary. 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 8 - Minutes Regular Meeting of July 12, 1995 Southold Town Board of Appeals 8:59 p.m. Appl. No. 4320 (Proposal A & B, or Proposal C & D). EAST WIND DEVELOPMENT CORP. as the current owner of property located on King Street between Third and Second Streets, New Suffolk, NY, identified as 1000-117-8-6, requesting approval of one of the following two proposals: PROPOSAL I: A. Special Exception, Article IIIA, Section 100-30A.2, for permission to establish Accessory Apartment use in conju.acti.on with principal single-family use as provided by Article III, Section 100-31B(13). B. Variance under Article III, Section 100-31B.(.1.3-e) for permission to utilize existing floor area for the Accessory Apartment at a ratio of approximately 50-500 (instead of 40/600) as livable floor.- area., OR, Proposal II, as follows: C. Special Exception, Article III, Section -100-3.1.B-1 for approval of a two-family dwelling and related accessory uses in an existing "former supermarket" building . D. Variance under Article IX, Section 100-92 (bulk Lot Size Schedule). for approval of lot area as exists of 21,430 sq. ft. for two-family use in this HB Zone District. Rudolph H. Bruer, Esq. appeared in behalf of the applicants. After reviewing the file and discussion during the applicant attorney's presentation (public hearing), motion was made to approve a Special Exception and Variance for Proposal II as a two-fanlil on a undersized parcel in this R-40 Zone District - see written Determination on the next page t Page 9 - Minutes Regular Meeting of July 12, 1995 Southold Town Board of Appeals FINDINGS AND DETERMINATION Appl. No. 4320. Application of EAST WIND DEVELOPMENT CORP. as the current owner of property located on King Street between Third and Second Streets, New, Suffolk, NY, identified as 1000-117-8-6, requesting approval of orie of the following two proposals: PROPOSAL I: (A) Special Exception, Article IIIA, Section 100-30A.2, for permission to establish Accessory Apartment use in conjunction with principal single-family use as provided by Article III, Section 100-31B(13); and (B) Variance under Article III, Section 100-31B(13-e) for permission to utilize existing floor area for the Accessory Apartment at a ratio of approximately 50-50% (instead of 40/60%) as livable floor area. OR Proposal II, as follows: (C) Special Exception, Article III, Section 100-31B-1 for approval of a two-family -dwelling and related accessory uses in an existing "former supermarket" building. (D) Variance under Article IX, Section 100-92 (Bulk Lot Size Schedule) for approval of lot area as exists of 21,430 sq. ft. for two-family ,use in this HB Zone District. WHEREAS, a public hearing was held on July 12, 1995, at which time any and all persons who desired to be heard were heard and their testimony recorded <no opposition was submitted during the hearing>; 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: 1. TWO-FOLD REQUEST: This application is two-fold, requesting use as a two-family dwelling, rather than as a business or former supermarket. The building is of two-story construction built prior to 1957 and is situated with frontage along three threes (two corners): King and Third Street, and King and Second Street, at New Suffolk. The subject building, and accessory concrete block garage, as exist are Page 10 - Appl. No. 4320 Matter of EAST WIND DEVELOPMENT CORP. Decision Rendered July 12, 1995 both more particularly shown on the survey revised November 5, 1987 prepared by Young & Young, surveyors, File No. 87-389. 2. The property in question consists of an area of 21,430 sq. ft. located in the R-40 Residential Zone District. The, parcel is rectangular and extends from one end of the block to the other, with 204.10 feet along the southerly side of King Street. The property was for many years used as a retail supermarket with a nonconforming total lot area and front yard setback, and prior to 1989 was located in a business zone district. Subsequently in January 1989, the Town of Southold amended the zoning use category for this property from business use to R-40 Low-Density Residential. The nonconforming size of the property, general layout and setbacks of the building remain unchanged today. 3. Copies of Certificate of Occupancy No. Z3893 dated July 22, 1970 is in the record showing occupancy as a food store business building, and a Certificate of Occupancy for Nonconforming Premises dated January 5, 1987 No. Z-15160 certifying ". . . business buildings, residence, concrete floor of demolished building, all situated in a "B-Light Business" Zone District. . . ." 4. For the record and update, it is noted that the building has not been used as a supermarket or other business use since prior to 1989, and thus converted to single-family occupancy. The building has been used as a dwelling according to the testimony given and knowledge of town members and staff persons 5. The preferred use of this property requested is for Special Exception approval as provided under Article III, Section 100-31B-1 for two-family dwelling use. The Board Members have considered the standards for a Special Exception, and find: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C. That the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; Page - Appl. No. 4320 Matter of EAST WIND DEVELOPMENT CORP. Decision Rendered July 12, 1995 D. That the use will be in harmony with and promote the general purposes and intent of this chapter (see notations, infra); E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility,''scale and overall appearance; F. That the building in which the proposed use is hereby authorized is readily accessible for fire and police protection. In making this determination, the Board Members also considered the following: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such permitted uses. B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular ,traffic congestion on public streets, .highways or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies. Page 12 - Appl. No. 4320 Matter of EAST WIND DEVELOPMENT CORP. Decision Rendered July 12, 1995 H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefore or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefore will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. 6. The Board determines further that the application request for the Special Exception shall and is granted. Therefore, the applicant's alternative request for approval of a Special Exception for an Page 13- Appl. No. 4320 Matter of EAST WIND DEVELOPMENT CORP. Decision Rendered July 12, 1995 Accessory Apartment is deemed "moot" and inapplicable since the two-family use applies. 7. The second part of this request is for an area variance relevant to the size of the property at 21,430 sq. ft. which is less than the code requirement of 80,000 sq. ft. of land area for a two-family dwelling (ref. Zoning Code Bulk Schedule). In considering the variance application pertaining to the nonconformities of the lot which has existed for more than 40 years (including lot size and other nonconforming setbacks of the principal building), the Board also finds and determines: (a) that the essential character of the neighborhood will be not altered by the grant of the relief requested since this property is substantially larger (double) than the properties in the neighborhood with single uses; (b) that the relief as requested is the minimum necessary to afford relief to the applicants; (c) the difficulties claimed do not violate the permitted lot size or setback schedules of the Code pertaining to improved, preexisting nonconforming lots; (d) that there is no alternative which is feasible for appellant to pursue other than this variance since there is no other land area available; (e) that the use proposed for a two-family dwelling with accessory uses {art studio related to the owner's residence) is listed as an allowable Special Exception use in this R-40 Residential Zone District, and this project is not out of character of this residential and waterfront community - the property is double the size of lots generally existing in the neighborhood and the character will continue to be residential; (f) in considering all of the above factors, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Member Dinizio, seconded by by Chairman Goehringer, it was RESOLVED, that both requests, identified as file 4320-C for a two family use by Special Exception, and file 4320-D for an area variance, are hereby GRANTED with the following: Page 14 - Appl. No. 4320 Matter of EAST WIND DEVELOPMENT CORP. Decision Rendered July 12, 1995 1. There shall be a separation between each residential living unit, as shown on the ground floor sketch at the top. of the westerly staircase extending from the ground floor), as proposed by applicant. 2. Each of the two proposed dwelling units shall contain only one kitchen (sink-stove refrigeration area); 3. Each of the two proposed dwelling units shall be limited to single-family occupancy. 4. Downstairs (first• floor) of building shall remain as a accessory area, or common area, related to the residential use of the property (not for separate rental or additional residential unit). 5. Art studio shall not be a separate use and shall be succinct .or accessory with the permitted residential use of the property. 6. The alternative requests for an Accessory Apartment with Owner Occupancy (4320 A & B) by Special Exception and variance as to floor area, are not needed and are hereby withdrawn. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Tortora. Member Villa abstained "on principle pertaining to compliance with fire code which he feels must be certified before special- exception he will vote on the special exception" (while the other members felt fire code certification could be done later with the Building Inspector). This resolution was duly adopted by four votes, and one abstention. *In seconding this motion, Chairman Goehringer confirms that this project is subject to obtaining all other agency approvals as determined by applicable codes and laws - including the New York State Building and Fire Code which is administered by the Building Inspector upon receipt of an application prior to occupancy as a two-family dwelling. gg Page 15 - Minutes Regular Meeting of July 12, 1995 Southold Town Board of Appeals SEQRA- EAST WIND DEVELOPMENT CORP. Member Dinizio 'moved to amend the above resolution to include declaration 'as lead agency, to confirm that this project is listed as an Unlisted Action under SEQRA, and to hereby adopt a Negative Declaration based upon personal inspections and review of the history of this property and the record. This` motion ,was seconded by Chairman Goehringer, and unanimously carried. This resolution was duly adopted. 9:30+ p.m. The next hearing was postponed as re' guested by applicants . until the next meeting of August 9, 1995. 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. Location of Property: 580 Basin Road; Southold, NY, Paradise Point Section One, Filed Map 3791 filed 4/11/63; also known as 1000-81-1-16.7 (formerly part of 16.4). Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly., carried, to confirm the recessed date .to be August 9, 1995 as previously 'noted., This resolution was duly adopted. (End of public hearings) OTHER/MISCELLANEOUS: A. TIME PERIODS SPECIAL EXCEPTION PERMITSa The board briefly discussed exclusions to the normal rule and Members Lydia Tortora, James Dinizio and Robert Villa are working on a proposal to submit to the Board of Appeals for a resolution making .recommendations based upon these members' suggestions, and at that time voted upon. Recommendations are to be submitted at the next ZBA Meeting of August 9, 1995, when a draft is submitted for discussions from individualr members. B. COMMITTEE SESSION REMINDERS (Agenda Item I V.-c) Planning and Zoning: Today at 4 p.m. Code Review: July 20 at 4 p.m. (agenda to be furnished later) C. SPECIAL OUTDOOR EVENTS AT WINERIES (Agenda .Item III-c). After speaking with Ruth Oliva and Town Attorney (L Dowd), it was conveyed to . the Board Secretary that "no permit is required from the. Board of Appeals if occupancy, determined by fire inspector, is complied with and tent approved by fire-building inspector, after written request by applicant with the Town. In order words, a outdoor event permit is required at a winery only if a tent is proposed, and if the occupancy .limit does not exceed the limited fire cope occupancy of the building while the winery is closed. If Page 16 - Minutes Regular Meeting of July 12, 1995 Southold Town Board of Appeals the winery remained opened, then an outdoor event permit will be required - where a tent is being placed. Chairman Goehringer indicated he had no objection provided the tent is properly located and is not placed within the parking area normally restricted by the Planning Board tinder the site plan approval. No other board member comments were received, and there was no opposition in general. The Secretary was .authorized to confirm the above in writing, if necessary. D. GASSER/AMERICAN ARMORED TANK MUSEUM FACILITY: (Agenda Item III-b). The Board members read and briefly discussed the letter from Mrs. Gasser concerning an extension for the variance. The Board Members, (with the exception of Member Tortora) agreed to reply with the following response: . . .Your inquiry letter dated July 6, 1995 was reviewed by Members of the Board of Appeals, and the Board Members have taken the position that, under the circumstances, no action be taken. Therefore, variance determinations #4260, #4261 and #4262 as filed on February 8, 1995 remain as each stands (without prejudice). . . Vote of the Board: Ayes: Messrs. Goehringer, Doyer,, Dinizio and Villa. Nay: Member Tortora. Member Tortora indicated that there is no zone district now that allows sale of merchandise outside of a building and voted against the above resolution. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 10:55 p.m. Respectfully submitted, Linda F. Kowalski, Clerk-Secretary !� Southold Town Board of Appeals Gerard P. Goehringer, Chair n f RECEIVED AND FILED BY tIE SOU 1 HOLD TOWN CLERK DATE Town GIC