HomeMy WebLinkAboutZBA-06/19/1985 SPEC Southold Town Board o£Appeals
MAIN RI'lAD- _roTATE RI-lAD 25 ~[3UTHrlLD, L.I., N.Y. 11cj71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
MINUTES
SPECIAL MEETING
NEDNESDAY, JUNE 19, 1985
A Special Meeting of the Southold Town Board of Appeals was
held on WEDNESDAY, JUNE 19, 1985 at 7:30 p.m. at the Southold
Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr.; Robert J. Douglass; and Joseph H. Sawicki.
Absent was Member Doyen (Fishers Island). Also present was
Victor Lessa~d, Buit~ding-Department Administrator, and Mr.
and Mrs. Suda of Sage Boulevard, Greenporto
PENDING APPLICATION: Appeal No. 3359 i THOMAS YASSO
(Williston Beverage)' Public Hearing was held on June 13,
1985 for a Variance pursuant to ZBA decision rendered 5/22/75
under Appeal Noo 3189 for proposed addition which will exceed
the restricted lot coverage for this "B-1 General Business
Zoned parcel located at the South Side of Main Road, Mattituck.
1000-122~3-5. Mr. Lessard was asked to investigate the
severe traffic and parking problems in this area as well as
possible violation brought to the board's attention during
the 6/13/85 public hearing from abutting property owners.
PENDING DELIBERATIONS: Appeal No. 3338 HOWARD L. YOUNG.
Public hearing was held ].~st'ly on June 13, 1985 pending
reinspection of newly located right-of-way and concerns of
abutting property owner. It was noted that the right-of-way
appeared to be approximately eight feet in width at the
p~esent time. Discussion was?~held on the uses of the present
buildings. No action was taken at this time.
' Sou~hold Town Board of Appeals -2- June 19, 1985 Special Meeting
PENDING DECISION: Appeal No. 3361:
Application for JEAN C.' HOLLAND, by M.J. Hall, Esq., Youngs Avenue,
Southold, NY for a Va'fiance to the Zoning Ordinance, Article III, Sec-
tion 100-31 and Bulk Schedule, for approval of insufficient lot area
and width of two proposed parcels located at Lowland Road, Meadow Beach
Lane, and Sunset Road, Nassau Point Map Section C, Lots 327 and 328, and
Walter Grabie Map, Lots 36 and 37; Cutchogue, NY; County Tax Map Dis-
trict 1000, Section 111, Block 10, Lots 18, 1 and 2.
Following deliberations, the board made the following findings
and determination:
WHEREAS, a public hearing was held on May 232 1985 and June 13, 1985,
at which time the hearing was concluded; and
WHEREAS, the board has considered all testimony and documentation
in the record concerning this application~ and
WHEREAS~ the board made the following findings of fact:
1. The property in question is located at the west side of Sunset
Road and the soJth side of Meadow Beach Lane, Nassau Point, Cutchogue,
New York, is located in an "A-80" Residential and Agricultural Zoning
District, and is more particularly identified as Lots 327 and 328,
Nassau Point Map Section C dated August 16, 1922, containing a total
area of 95,660 sqo ft., and Lots 36 and 37, Map of Walter Grabie,
dated April 19, 1938, containing a total area of 21,107 sq. ft.
(including underwater land); and identified on the Suffolk County
Tax Maps as District 1000, Section lll, Block 10, Lot 18, and Lots
1 and 2, respectively.
2. By this application, appellant proposes a re-division of the
subject property into two lots: (a) parcel "A!' which is improved with
a single-family, 1½-story frame house and accessory garage located in
the frontyard area, of an area of 61,525 [55,660 upper area and 5,865
lower area] sq. ft.; (b) parcel "B" which is vacant of an area of
55,242 sq. ft. [40,000 sq. ft. upper area and 152242 lower area], and
a lot width of 93 feet.
3. In considering the maps submitted as amended June 12, 1985,
the dwelling which exists will have a setback from the proposed
division line (sideyard) of four feet, which is at variance from
the current bulk requirements of a minimum of 20 feet in the "A-80"
District (15 feet in the "A-40" District).
4. For the record, it is noted that the premises was purchased
July 17, 1967, and that since that time, several building permits
have been issued permitting substantial renovations and enlargement
So~thold Town Board of Appeals -3- June 19, 1985 Special Meeting
(Appeal No. 3361 JEAN C. HOLLAND, continued:)
of the dwelling on Lots 327 and 328, jointly.
5. Applicant has submitted a Declaration of Covenants and
Restrictions ~n legal, recordable form which would restrict all
structures, buildings or dwelling(s) of any kind, except docks
and bulkheads as permitted by codes, upon Lots 36 and 37, Map of
Walter C. Grabie [referred therei~ as "Parcel II"].
6. Suffolk County Department of Health Services communications
dated June 17, 1985, indicates that Article VI approval for this
division of land is required, and that to date, an application has
not been filed.
In considering this appeal, the board has determined that the
application as applied must be denied for the following reasons:
(1) additional relief is necessary for the setback of the existing
dwelling from the amended division line, and such amendment is
beyond the scope of the original notice of hearing; (2) the
water table in this area is fragile and such a division of land
will require reviews and approval under Article VI, "Realty Sub-
divisions and Developments" as indicated by the Suffolk County
Department of Health Services.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis~ it was
RESOLVED, that the relief as requested in the Matter of the
Application for JEAN C. HOLLAND, Appeal No. 3361, BE AND HEREBY
IS DENIED WITHOUT'PREJUDICE to reapply after receiving Suffolk
County Department of Health Services, Article VI, approval.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen ~of Fishers Island was absent.)
This resolution was adopted by unanimous vote of the four members
present.
~ So~thold Town BOard of Appeals ,4- June 19, 1985 Special Meeting
PENDING DECISION: Appeal No. 3320:
Upon application for~BAYVIEW DEVELOPMENT CORP. (SAGE), by J.
Forchelli, Esq., 12~.Mineola~Boulevard, Mineola, NY ll501, for a
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, and Article XIII, Section 100-136A for approval
of insufficient area of each lot in this proposed 19-lot cluster
development or subdivision and insufficient setbacks. Location
of Property: 67380 Main Road, Greenpor~, NY; County Tax Map
Parcel No. 1000-053-05-001, 001 3, 12.3; known and referred to
as "Breezy-Shores."
The board made the followilng findi'ngs of fact and determination:
In this appeal, Bayvi-e~w DeVelopment Corp.'~seeks numerous
variances from~the lot area, lot width, fron~yard setback, and side
yard requirements width resPe~ to the 19 lots shown on a proposed
~ubdivision of Section One of its property, plan updated December 18,
t984.
Appellant is the owner of a tract of land comprising approxi-
mately 83 ~cres of land bounded on the north by N.Y.S. Route 25, on
the south by that portion of Peconic Bay locally referred to as
Pipes Cove~ The ~emises are shown on the Suffolk County Tax Map
as District lO00,.~Section 053, Block 05, Lots l~ 1.3 and 12.3.
Appellant has filed a sketch plan for the development of
Section One as a cluster development, pursuant to Section 100-136
of the Town Zoning Code.
Although Section One comprises an area of 43.756 acres, 29
acres thereof consists of ponds, wetlands and marsh land, which is
proposed as "open area"; 2.5 acres proposed as a boat basin; 1.556
~cres consist of an "i~land"; and the remaining six 2c~es comprises
19 proposed subdivision lots adjacent to Pipes Cove, and which lots
are the subject of this ~ppeal.
The 19 lots comprising Section One range in area from 9,000
sq. ft. to 25,000 sq. ft. with the average being approximately
12~000 sq. ft. in area. The lot widths along the southerly line
Qf the private road range from 25 feet to 105 feet, with an average
of approximately 67 feet~ The frontyard setback is proposed to be
2~ feet~
Section 100~136(A)[2] of the Zoning Code provides as follows:
"...(2) In a cluster development, lot area shall not be
reduced by more..than fifty percent (.50%), and to% width
and dept'h, front yard, ~ear yard~ and side yards, shall
not De reduced by more than thirty percent (30%) of the
minimum requirements set forth in the Bulk and Parking
Schedule .... "
, Soethold Town Board of Appeals -5- June 19, 1985 Special Meeting
(Appeal No. 3320 - BAYVIEW DEVELOPMENT CORP., continued:)
The premises are located in the "A-80" Agricultural and
Residential Zoning District, and the Bulk and Parking Schedule
requires a minimum lot area of 80,000 sq. ft., minimum lot width
of 175 feet, a lot depth of 250 feet, front yard of 60 feet and
rear yard of 75 feet; one side yard of at least 20 feet and both
side yards having a total of nos less than 45 feet.
It is apparent that none of the 19 lots comply with the code
requirements for a cluster development with respect to lot area,
lot width or front yard setbacks. The largest lot (No. l) has an
area of 25,0'00 sq~ ft~ or 63% of the required area~ Four of the
smallest lots (10, 14, 15 and 17) have an area of 9,000 sq~ ~.~t.,
or 23% of the required !ot area~ The sideyard dimensions are not
shown on the sketch plan, but appear to be substantially below
the minimum requirements.
An examination of the sketch plan ~ndicates that Appellant
proposes the land north of the 19 lots and across the private road,
comprising 20.5 acres to be subdivided as another Section in the
Future. No explanation is given why this land cannot be added to
the lots in Section One to increase the lot areas and setback
requirements to conform to the code requirements.
It has been held by the courts. (VanDusen v~ Jackson, 35 AD 2d~ 58)
that a Board of Appeal~ cannot uneer the semblance of a variance
exercise legislative powers. It is apparent ~hat the variances
requested are substantial with respect to lot area, lot width, and
other setback requirements and would affect each and every lot in
the proposed subdivision. The effect of the grant of the variances
requested would be to establish a zone district completely at odds
with all other zone districts provided for in,the zoning code and
zoning map. This board does not believe that it has the authority
to create new zoning districts under the guise of a variance.
Such authority is vested in the Town Board, the legislative body
of the Town.
Now, therefore, on motion by Mr. Grigonis, seconded by
Mr. Sawicki,
BE IT RESOLVED, that it is the determination of this Board
that it is without jurisdiction to grant the relief requested,
and the appeal is therefore denied.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis
and Sawicki. (Member Dougl~ass abstained.) (Member Doyen was
absent.) This resolution was adopted by majority vote of the
four members present.
Member D~uglass abstained since ~t is his opinion that the
Zoning Board of_Appeals does have jurisdiction to grant ~]deny~
5o~thold Town Board of Appeals -6- June 19, 1985 Special Meeting
(Appeal No. 3320, BAYVIEW DEVELOPMENT CORP., continued:)
multiple area variances such as that applied for in the Matter of
Bayview Development Corp. although he does agree w~tb the denial
of the application because of insufficient burden of proof of
practical difficulties or unnecessary hardship.
HEARINGS FOR JUNE 27, 1985:
7:30 pom. Joseph and-Arlene Lestingi~i
7:35 p~m. Genevieve Richards-~(vari-.ance);
7:40 p.m. Genevieve Richards (special exception);
7:45 p.m. Gregory Simonelli;
7:50 p.mo Margaret Wagner;
7:55-p~m~ Howard Hoey;
8:00 p.m. Marion and-John King;
8:05 p.m. Jean Harford.
The board members executed the Notice of Waiver for this
S~ecial Meeting.
There being no other business properly coming before the
board at this time, the Chairman declared the meeting adjourned.
The meeting was adjourned at 8:10 p.m.
At th~ end of the meeting, the Chairman mentioned that he
would research and discuss the Cannon letter on the Leng Right-of-Way
as the next meeting.
R~spectfully submitted,
~ Ko~a~a my
~~~.~/~._.____ South old Town_Board of Appeals
//Approved - 7/1~/85 ~
Gerard P. Goehringer, C~ ha~rman "
RECEIVED AND FILED BY
I TI4E $OUTHOLD TO¥~N Ct~-'~K
Tov~.. Clerk, Town of Sou~hold
$authald Town Board of Appeals
MAIN ROAD- STATE ROAD 25 E~K1UTHrlLD. L.I.. N.Y. 11971
TELEPHONE (516' 765-1809
A~PEAL~ BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
WAIVER OF NOTICE
OF 'SPECIAL MEETING
WE, the undersigned, being Members of the Zoning Board of
Appeals of the Town of Southold, Suffolk County, New York, do
hereby severally waive notice of the time, place and purpose
of the Me'eting of the Board of Appeals to be held at the
Southold Town Hall, Main Road, Southo!d, New York, on
Wednesday, June ]9, ]985 at 7:30 p.m. , and do hereby
consent that the same be held on said date ~or the transaction
of any business which may properly come before said meeting.
DATED: June ]9, ]985. ~r~~~~_.-
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