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HomeMy WebLinkAboutZBA-12/07/1994 O�OS�f f�(I�COG APPEALS BOARD MEMBERS y� Southold Town Hall Gerard P. Goehringer, Chairman y ,_ 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. y O� Southold, New,York 11971 Robert A. Villa l [ �`a Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 7, 1994 7:15 p.m. Work Session - File Reviews - No action was taken. 7:30 p.m. Regular Meeting - Call to Order by Chairman A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, DECEMBER 7, 1994 commencing at 7:30 p.m. at the Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman/Member Serge J. Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Linda Kowalski, ZBA Secretary I. PUBLIC HEARINGS. These matters were held for public hearings. Following the public hearings are the findings and determinations rendered by the Board of Appeals as may have been rendered immediately after the conclusion of each hearing. Also see verbatim transcripts for each hearing, which have been prepared under separate cover and filed simultaneously with this set of minutes. 7:35 p.m. Appl. No. 4284 - THOMAS & ELIZABETH THOMPSON. Request for a Variance under Article III, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known as 2890 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricultural Conservation Zone District containing approximately 41,585 sq. ft. in total lot area. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) Tom Thompson appeared in behalf of the application. (See transcript for verbatim testimony during hearing.) Following the hearing, the Board took the following action to approve the relief requested: Page 2 - Minutes Regular Meeting of December 7, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 7, 1994 APPL. #4284. APPLICANT: THOMAS THOMPSON LOCATION OF PROPERTY: 2980 Bridge Lane, Cutchogue; Lot #10, Map of Ismar Acres approved March 13, 1973. 1 COUNTY TAX MAP DISTRICT 1000, SECTION 85, BLOCK 2, LOT 22. BASIS OF APPEAL: Notice of Disapproval issued -by the Building Inspector dated November 3, 1994: "Accessory buildings shall be located in the required rear yard." PROVISIONS APPEALED FROM: Article III, Section 100-33. RELIEF REQUESTED: 24' by 24'accessory garage located at least 15 feet from- the westerly side property line and at least 150 feet .from the , front property line (along Bridge Lane). ' MOTION MADE BY: James Dinizio, Jr., Member SECONDED.BY: Gerard P. Goehringer, Chairman-Member ACTION/RESOLUTION ADOPTED: Granted front yard location of 24' x 24' accessory garage, with a setback of at least 15 feet from the westerly side property line and at least 150 feet from Bridge Lane, with the condition that this accessory building not be converted or used for living or habitable purposes. REASONS/FINDINGS: Dwelling is set back 197+- feet from front property line. Property contains 135 ft. lot width. Garage is close to dwelling and gives the appearance of an attached building. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. Page 3 - Minutes Southold Town Board of Appeals Regular Meeting of December 7, 1994 PUBLIC HEARINGS, continued: 7:42 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined total: 30 acres). Mr. Lauber appeared before the Board. Also appearing, . opposition however, were Mr. and Mrs. Joseph Fristachi who were concerned with traffic and the location of the parking and access areas near the vicinity of their property line. (See verbatim transcript for actual statements made during the hearing.) Following testimony, the hearing was declared recessed until the January 4, 1995 meeting, at which time the public hearing will continue, and the applicant can return to the Planning Board to determine the location of the parking areas, buffered areas from residences, and the access areas on this 29+- acre parcel (vineyard and new winery). On motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to continue the public hearing on this matter at the January 4, 1995 Regular Meeting. VOTE OF THE BOARD: Ayes: All. 8:08 p.m. Appl. No. 4283 - GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article III, Section 100-32 and Section 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to: (1) change lot line resulting in a reduction 'in the existing lot width on the westerly lot from 208.14 feet to 125 feet {Code requirement is 175 feet in this R-80 Residential Zone District), and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of-way known as Hallock Lane and Private Road #10, which extends off the "north side of Sound Avenue, Mattituck, NY (over and along lands of Charles Simmons and Edwards Harbes); County Tax Map Parcels No. 1000-112-1-3 and 4. Mr. Thomas Wolpert of Young & Young appeared before the board. (See verbatim transcript prepared of statements made during hearing.) The hearing was concluded, and the deliberations time period commenced. 8:27 p.m. Appl. No. 4285 - ELBERT E. LUCE, JR. Request for a Variance under Article III, Section 100-33 and Section 106-32, based upon Page 4 - Minutes Southold Town Board of Appeals Regular Meeting of December 7, 1994 two separate November 7, 1994 Notices of Disapproval issued by the Building Inspector for permission to construct accessory storage building (shed) in an area other than the required rear yard, and deck addition to dwelling, as built, which has an insufficient rear yard setback. Location of Property: Private Right-of-way extending 332.51 feet off the easterly side of Youngs Road, (House #944), Orient, NY; County Tax Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. ft. and is located in an R-80 Residential Zone District. Ed Boyd V, Esq. appeared in behalf of the applicant. (See transcript for verbatim statements made during the hearing.) Following the hearing; the Board took the following action to approve the relief requested: (continued on next page) Page 5 - Minutes Regular Meeting of December 7, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 7, 1:994 APPL. #4285. APPLICANT: ELBERT E. LUCE, JR. (Edward J. Boyd V, Esq ) LOCATION OF PROPERTY: Private Right-of-way off the easterly side of Youngs Road, Orient. COUNTY TAX MAP DISTRICT 1000, SECTION 18, BLOCK 2, LOT 14. BASIS OF APPEAL: Two separate Notices of Disapproval issued by the Building Inspector, each dated November 7, 1994: "Accessory building, as built, shall be located in the required rear yard," and deck addition, as built with insufficient rear yard setback." ' PROVISIONS APPEALED FROM: Article III, Sections 100-32 and 100-33. RELIEF REQUESTED: 10' x 12' accessory shed located previously in the rear yard, and now situated in a side yard, 35'9" from the southerly property line and more than 60 feet to the easterly side property line. Subject deck addition is shown 33 feet from the rear property line instead of the required 35 feet. MOTION MADE BY: Richard C. Wilton, Member SECONDED BY: Serge Doyen, Jr., Member ACTION/RESOLUTION ADOPTED: Granted side yard location of 10, x 12' accessory shed, as built, and granted open deck addition with a rear and setback of 33 feet, as located, and all as shown on survey dated November 2, 1994 prepared by Roderick VanTuyl, P C REASONS/FINDINGS. Prior to location of deck, accessory shed was located in a required rear yard. Amount of deck subject to variance consideration is two feet. The variance is not unreasonable and is minimal, under the circumstances. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr. , Member Robert A. Villa, Member Richard A. Wilton, Member Page 6 - Minutes Regular Meeting of December 7, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 7, 1994 APPL. #4282. APPLICANT: JOHN AND DOREEN MAZZAFERRO/CURT W. MEYHOEFER LOCATION OF PROPERTY: 434:75 Main Road, Peconic, NY; COUNTY TAX MAP DISTRICT. 1000, SECTION 75, BLOCK 1, LOT 18.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector 'dated October 25, 1994: "Attached deck "as built" has insufficient side yard setback." PROVISIONS APPEALED FROM: Article III, Section 100-32. RELIEF REQUESTED: Variable deck addition set back 419" from the westerly side property line at the rear of the existing two-story frame dwelling. Deck is raised 16" from ground level and was constructed under prior policy of the Building Department. MOTION MADE BY: Gerard P. Goehringer, Chairman-Member SECONDED BY: Richard A. Wilton, Member ACTION/RESOLUTION ADOPTED: Granted setback for raised deck-16" from ground level, as built, 419" from westerly side property line and south of the existing accessory shed building situated closed to the subject deck area. Deck shall remain unroofed and unenclosed - remaining open, as built. REASONS/FINDINGS: Deck is built only 16" from ground and appears to have been constructed pursuant to policy of the Building Department under prior zoning code which did not require a permit as "patio construction." Certificates of occupancy were not issued for structures built without building permits. The current zoning code requires a building permit for this type of deck. Circum- stances are uniquely related to the property and the interpretation of the prior zoning provision(s) by the building inspector(s) Deck also is close to the same setback from this westerly side property line as the existing shed which is accessory and located in the rear yard. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr. , Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. Page .7- Minutes Southold Town Board of Appeals Regular,Meeting of December 7, 1994 PUBLIC HEARINGS, continued: 8:30 p.m. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown on the Vineyard and Winery Establishment proposed at 44075 Main Road (State Route 25), Peconic, NY; County Tax Map Parcel. No. 1000-75-1-20. The entire premises contains 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. Henry Raynor appeared in behalf of the applicants. Also appeared, in opposition was Mrs. Virginia Draper and her sister, adjoining property owners. (See transcript for verbatim .statements made during the hearing.) Following testimony, the hearing was declared closed (concluded), pending deliberations at a later date. 8:45 p.m. Appeal No. 4282 - CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. setback from the northerly side property line, at premises known as 43475 Main Road, Peconic, NY; County Tax Map Parcel -No. 1000-75-1-18.1. William D. Moore, Esq. appeared and spoke in behalf of the new owners, John and Doreen Mazzaferro, and the seller, Curt Meyhoefer, also presented testimony relevant during the time he owned' the property and built the deck. (See transcript for verbatim statements made during the hearing.) Following testimony, the Board took the following action to approve the relief requested: Page g - Minutes Southold Town Board of Appeals Regular Meeting of December 7, 1994 PUBLIC HEARINGS, continued: 8:56 p.m. Appl. No. 4287 - NORTH FORK BEACH CONDOMINIUM. Request for a Variance under Article III, Section 100-33 based upon the November 1, 1994 Notice of Disapproval of the Building Inspector, for permission to locate an inground swimmingpool in an area other than the required rear yard and which faces the south side of Soundview Avenue. Property identified as: 52325 County Road 48, Southold, NY; County Tax Map Parcel No.. 1000-135.1-1-1 thru 43. .The entire premises contains 1.18 acres and is a corner lot. Zone District: - R-40 Low-Density Residential. Paul Caminiti, Esq. appeared with Engineer Jim O'Callahan of Burton Smith and O'Callagh, - and John Callahan, the manager of the condominium units. There was discussion about locating .the pool behind the existing screened area, and the applicant with his agents .agreed to re-visit the site to determine whether it would be feasible for the size proposed. Mr. Callahan indicated he is a fulltime resident of Southold and has a business known as "Lighthouse Appliances" at Horton's Point. (See transcript for verbatim statements made during hearing.) Following discussion, motion was . made by. the Chairman, seconded by Member Villa, to continue the public hearing, as agreed by everyone, until the January 4, 1995 Regular Meeting. Vote of the Board: AYES: All. Page 9 - Minutes Regular Meeting of December 7, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4283. Upon Application of GAIL DESSIMOZ and MICHAEL RACZ (by their agent, Thomas C. Wolpert). Request for Variances under Article III, Section 100-32 and 100-33C based upon the October 21, 1994 Notice of Disapproval from the Building Inspector for permission to: (1) change a ' lot line resulting in a reduction in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential Zone District), and (2) if the lot width reduction is approved, to locate swimmingpool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of-way known as Hallock Lane and Private Road #10, which extends off the north side of Sound Avenue, Mattituck, NY (over and along lands of Charles Simmons and Edward Harbes); County ` Tax Map Parcels No. 1000-112-1-3 and 4. WHEREAS, the above was published as required by law in the local and official newspapers of the Town, to wit: The Suffolk Times and Long Island Traveler-Watchman, Inc.; and WHEREAS, this matter has been declared a Type II Action under the New York State Environmental Quality Review Act (SEQRA); WHEREAS, after due notice, a public hearing was held on Decem- ber 7, 1994 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. AREA VARIANCE. This variance application was filed on October 27, 1994, and pertains to two separate area variances: (1) for a change in lot line location resulting in the proposed reduction of width (frontage) to less than the required 175 feet, and (2) for the location of an accessory swimmingpool structure in a proposed westerly side yard 75 feet distant from the existing two-story frame house (easterly) and 24 feet from the proposed property division line, as modified and noted in (1) above. Page '10- Appl. No. 4283 Application of MICHAEL RACZ & ano. Decision Rendered December 7, 1994 2. BASIS OF APPEAL FOR ACCESSORY SWIMMINGPOOL AND LOT LINE CHANGE. The Building Inspector's Notice of Disapproval upon which this new Appeal Application is based is dated October 21, 1994 and pertains only to the lot line alteration request and location of an accessory swimmingpool in a side yard area. The Notice of Disapproval does not address the proposed pool house - which was added to amended maps without review by the Building Inspector and after the variance was advertised. Amendments after advertising, as such, do* require an application under the same procedure as the original application and amended Notice of Disapproval, as well as amended notice to adjacent property owners. 3. CODE REQUIREMENTS. A) Article III, Section 100-32 (Bulk Schedule) of the Zoning Code provides that the minimum lot width for lots containing 80,000 sq. ft. or more be at 175 feet. B) Article III, Section 100-33(C) provides as follows: .. .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. 4. EXISTING BUILDINGS AND PROPERTY DATA. (a) The premises in question is situated along a private right-of-way known as "Hallock Lane," Mattituck. Hallock Lane extends north .of Sound Avenue, and received a conditional New York Town Law, Section 280-A approval under Appeal No. 3433 on September 11, 1986; (b) The premises with existing buildings and proposed variances, with the exception of the poolhouse, are all shown on the October 1, '1994 map prepared by Young & Young, land surveyors. The westerly parcel (Lot 3) will be modified by this lot line change from 142,017 sq. ft. to 85,861 sq. ft. , and the easterly lot (Lot 4) modified from 71,889 sq. ft. to 128,045 sq. ft.; (c) The depth of the parcels from the right-of-way to the highwater mark are shown to be at least 675 feet, except that the land area between the top of bluff as determined by the survey on 8/4/94 and the northerly property line along the highwater mark reduces the lot depth to 370+- feet; (d) The main building `or two-story frame dwelling; on the easterly parcel (Lot 4)is shown to be 43+- feet at its closest point to the top of the bluff and 278.60 feet to the southerly most front property line; Page 11- Appl. No. 4283 Application for MICHAEL RACZ & ano. Decision Rendered December 7, 1994 (e) The accessory buildings are labeled as one-story frame building and two-story frame garage which are located in the yard facing the water and the yard facing the right-of-way, respectively; (f) The westerly lot (Lot 3) is presently improved with a two-story frame building which is pending review by the Building Department for relocation in accordance with all zoning, building, and other agency requirements. 5. PROPOSED VARIANCE. The 40 ft. by 20 ft. inground swimmingpool structure is shown to be proposed as a separate structure, close to the center and in between the new location on Lot 3 and the existing accessory "one-story frame cottage" building. The rear yard area is that area seaward of the existing dwelling. The front yard area which permits accessory buildings is that general area south of the existing main dwelling. 6. ALTERNATIVES. While the second map dated November 21, 1994 was not submitted by the applicants to the Building Inspector prior to the issuance of the Notice of Disapproval, the pool is located in the side yard area of a "cottage" building. Information has not been submitted to show the history of the cottage building and the intent of the "cottage" building. The applicant should re-label the one-story "frame cottage" building to read "accessory" building - which is understood to have been the use prior to the inception of zoning in 1957. This correction would allow the area seaward of the main house to be rear yard, and the subject pool and related accessory building(s) would appear to be better able to meet the requirements of Section 100-33 of the zoning code. 7. EFFECTS OF RELIEF REQUESTED. It is the position of the Board that: (a) the location of the accessory structures in the westerly side yard of the building labeled "one-story frame cottage", as well as in the westerly side yard of the main building, is substantial in relation to the requirements, at 100%; (b) there are alternatives for applicants 'to pursue, other than a variance; . (c) there is other usable land area available to locate accessory buildings' without a variance, or possibly with _ a minimal variance; (d) the relief requested for the location of the accessory pool on the October 1, 1994 map, and for the accessory pool house on the November 21, 1994 map is not the minimum necessary to afford relief; (e) the difficulties claimed are personal in nature to the landowner rather than due to the uniqueness of the land since the owners Page 12 - Appl. No. 4283 Application for MICHAEL RACZ & ano. Decision Rendered December 7, 1994 will not be deprived of reasonable use of a swimmingpool (or other structure) in other land areas; (f) in view of all the above, the interests of justice will be served by denying the relief, as requested, for the pool and poolhouse location, without prejudice to a future application for different relief; (g) with respect to the lot width'reduction from 175 feet to 125 be approved, the interests of justice will be served. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE the lot width reduction of Lot 3 to 125 feet, and new lot width of Lot 4 at 154.09 feet, as shown on, the map dated October 1, 1994 SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the two-story frame house to be located shall not be occupied until properly re-located in accordance with all permits* and approvals; and ` 2. That there shall be the least amount of disturbance to soil and areas subject to erosion to the maximum efforts possible; and BE IT FURTHER RESOLVED, to DENY .the relief requested on the map dated October 1, 1994 pertaining to the accessory pool location for the reasons noted above; and be it FURTHER RESOLVED, to DENY the relief requested on the map dated November 21, 1994 pertaining to the poolhouse location in the side yard in its entirety, for the reasons noted above. Vote of the .Board: Ayes: Messrs. Doyen, V111a, Wilton and Goehringer. No: Member Dinizio. This resolution was duly adopted (4-1). Page 13 - Minutes Southold Town Board of Appeals Regular Meeting of December 7, 1994 DISCUSSIONS/OTHER ACTION: A) NEED FOR RESTRICTED OR NO-PARKING at Main Road, Laurel. The Chairman was authorized as recommended by him to send a letter to the Supervisor and the Town Board urging a restricted, no-parking area to be designated from a point west of the LIRR bridge in Laurel, and extending easterly along both sides of the Main Road (S.R. 25), up to a point approximately 100 feet east of the intersection at Bray Avenue, Old Main Road, and State Route 25 (just east of the existing gasoline station at the triangle), in Laurel. The Board Members agreed. B) UPDATE REQUESTED FROM BUILDING INSPECTOR Re: Ocean City (a/k/a LKC Corp. or Jasta Corp.) and observed noncompliance with parking conditions of Special Exception and site plan. The Board Members requested that a letter be sent to the Building Inspector (Gary Fish) asking for an update on his observations at the site and bringing to his attention the fact that the occupants of the Ocean City site are not complying with the conditions of the Special Exception rendered by this Board _ in 1994. Apparently, the adjoining property owner (Crenshaw) has terminated his lease with LKC Corp. (Ocean City), and during the evenings there have been observed several hazardous parking conditions along the Main Road rather than on the property of LKC Corp. or Joseph Crenshaw, as indicated by the lease agreement submitted for consideration by the Board at the ZBA hearing in 1994. C) ZBA CHAIRMANSHIP FOR 1995. With full support of the Board, a motion was made by Member Dinizio, seconded by Member Villa, and duly carried, to urge and request the reappointment of Gerard P. Goehringer as Chairman for the new year, 1995, and that a letter be sent confirming this request to the Town Clerk. The Board Clerk will send the letter for distribution to the Town Board via the Town Clerk. D) Discussion Re: MATTITUCK AUTO CENTER/GOODALE Property at Main Road, Mattituck. It was noted by Board Member(s) that the subject property was recently blacktopped, after removal of trees. The Board asked that a letter be sent to the Town Attorney asking whether or not the Town can do anything to prevent further activities at the site while the remaining portion of the Court Case against the Town of Southold and the constitutionality of the code remains undecided, particularly since the site plan and special exception have not been filed by the applicant or finalized as required by the Zoning Code. The Chairman agreed that he would send this request. E) CODE COMMITTEE REMINDERS: The Board Members were reminded of the upcoming session for Code Discussions on December 8, 1994. The agenda is for special exceptions and site plans and whether or Page 14 - Minutes Southold Town Board of Appeals Regular Meeting of December 7, 1994 not a reduction in paperwork and processing can be recommended with the idea of "streamlining." Copies of the Town Attorney's letter to the Town Board dated October 17, 1994, received December 5, 1994 with the Code Review committee cover letter, were given to the Board Members. F) NEW SCHEDULE OF MEETINGS FOR 1995: On motion by Member Dinizio, seconded by Chairman Goehringer, and duly carried, it was RESOLVED, to determine the following dates for the Regular Meetings of the Board of Appeals for 1995, as follow: Wednesday, January 4th Wednesday, February 1st Wednesday, March 1st Wednesday, April 5th Wednesday, May 3rd Wednesday, June 7th Wednesday, July 12th Wednesday, August 9th Wednesday, September 13th Wednesday, October 11th Wednesday, November 8th Wednesday, December 6th Subject to change, when necessary, as determined by the Chairman. Prepared 12/1/94 Copies to Chairman and ZBA Members and Betty Neville. This resolution was duly adopted. . G) PENDING APPLICATIONS: WILLIAM GASSER (AMERICAN ARMOURED FOUNDATION), County Road 48 and Love Lane, Mattituck. On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, that the pending applications of WILLIAM GASSER (also referred to as the American Armoured Foundation Project) be advertised and calendared for public hearings to be held on WEDNESDAY, JANUARY 4, 1995. VOTE OF THE BOARD: AYES: All. This resolution was duly adopted. RESOLUTION FOR NEXT PUBLIC HEARING CALENDAR: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLUTION FOR PUBLIC HEARINGS, continued: Page 15 - Minutes Southold Town Board of Appeals Regular Meeting of December 7, 1994 RESOLVED, that the following matters be advertised for public hearings to be held on WEDNESDAY, JANUARY 4, 1995, and that notice be published in the official and local newspapers of the town, to wit: Suffolk Times, Inc. and the Long Island Traveler-Watchman, Inc. pursuant to law: 1. 7:30 p.m. Appl. No. 4288 - JACK AND CHRIS GISMONDI. Request for a Variance under Article III, Section 100-30A(1) for approval of the location of an accessory swimmingpool, above ground as built, in a yard area other than the required rear yard, at premises known as'5655 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-14. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No. 4289 - WILLIAM AND VERA SMITH. Request for a Variance under Article IIIA, Section 100-30A.3 based upon the October 28, 1994 Notice of Disapproval issued by the Building Inspector, for permission to construct addition to existing building which will have an insufficient front yard setback. Location of Property: 980 Bayview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-106-10-17. 3. 7:40 p.m. Appl. No. 4290 - WAREX TERMINALS CORP. Request for a Variance under Article X, Section 100-101C, ref. 100-33, for permission to locate a canopy structure over existing gasoline pumps in an area other than the rear yard. Location of Property: 9945 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-142-1-27. 4. 7:45 p.m. Appl. No. 4287 - ' NORTH FORK BEACH CONDOMINIUMS. (Carryover from December 7, 1994). Request to install swimmingpool at 52325 C.R. 48, Southold, NY; 1000-135.1-1-43. 5. 7:50 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER (COREY CREEK VINEYARDS). (Carryover from December 7, 1994). Request for Special Exception to. establish Winery Use for the sale of wine produced from grapes grown on the existing Vineyard where the proposed Winery is to be located. Location of Property: Consisting of a minimum of ten (10) acres of land referred to as 45470 Main Road, Southold, NY; County Tax Map No. 1000-75-6-9.7 and 9.6. 6. 8:00 p.m. Appl. No. 4293 - EDWARD J. MUNSON. Request for Variance under Article IIIA, Section 100-30A.3 based upon the Decem- ber 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to dwelling which will have an insufficient sideyard setback at less than the required 15 feet, and total side yards at less than the required 25 feet. Location of Property: 1545 Oaklawn Avenue, Southold, NY; County Tax Map Parcel No. 1000-70-3-5. Containing 10,400 sq. ft. of land area. f Page 16 - Minutes Southold Town Board of Appeals Regular Meeting of December 7, 1994 RESOLUTION FOR PUBLIC HEARINGS, continued: 7. 8:05 p.m. Appl. No. 4292 - JAY AND MARY THOMSON. Request for a Variance under Article IIIA, Section 100-30A.3 based upon the November 30, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to existing dwelling which will exceed the maximum lot coverage limitations. Location of Property: 695 Bayshore Road, Greenport, NY; County Tax Map Parcel No. 1000-53-6-14. 8. 8:10 p.m. Appl. No. 4291 - JAMES M. and ELAINE O'KEEFE. Request for a Special Exception under Article IIIA, Section 100-30B to establish Bed and Breakfast use as an accessory incidental to the applicant's single-family residence and ownership of dwelling located at 54300 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-52-3-1. Zone District: R-40 Low-Density Residential. 9-11. 8:15 p.m. Application for Variances requested by WILLIAM F. GASSER concerning his property known and referred to as the American Armoured Tank Museum, 640 Love Lane and the south side of County Route 48, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-16 located in the Hamlet Business Zone District, which requests are noted as follows: (9) Appl. No. 4260 - Request for Variance under Article IX, Section 100-91 C(1) based upon the July 12, 1994 Notice of Disapproval issued by the Building Inspector for the placement of accessory tower structure which is required to be located in a rear yard with a setback as per Section 100-33B(2) at five feet from the property line; (10) Appl. No. 4261 - Request for Variance under Article XXIII, Section 100-231A based upon the July 12, 1994 Notice of Disapproval for the height of the fence which excess the required height limitation; (11) Appl. No. 4262 - Request for Variance under Article IX, Section 100-93 based upon the July 12, 1994 Notice of Disapproval for the outside storage or display which is not permitted in this Hamlet-Business Zone District. VOTE OF THE BOARD: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. There being no other business properly coming before the Board at Page 17 - Minutes Southold Town Board of Appeals Regular Meeting of December 7, 1994 this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 10:30 p.m. Respectfully submitted, r/ , da Kowalski 12/27/94 Approved - Gerard . G4h " r Chairman L y �''JR 9:c