HomeMy WebLinkAboutZBA-01/21/1986 SPECAPPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board o£Appreals
MAIN RDAD- BTATE RI-lAD 25 BI3UTHDLD. L.I., N.Y. 11971
TELEPHONE (516) 765-1809
M I N U T E S
SPECIAL MEETING
TUESDAY, JA-NUARY 21, 1986
A Special Meeting of the Southold Town Board of Appeals
was held on Tuesday, January 21, 1986 at 7:00 p.m. at the
Southold Town Hall, Main Road, Southold; New York 11971.
?resent were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr., Member, Robert J. Douglass, Member, and
Serge Doyen, Jr., Member. Absent was Joseph H. Sawicki.
Also present were Linda F. Kowalski, Secretary and Board
Clerk, and Reporter from the L.I. Traveler-Watchman.
The Chairman opened the meeting at 7:00 p.m.
FILE REVIEW: Appeal No. 3445 JULIUS ZEBROSKI. Variance
for lot of insufficient area and width along the east side of
Waterview Drive, Southold, NY. Motion was made by Mr. Doug-
lass, seconded by Mr. Goehringer, to hold Appeal No. 3445,
the Application for JULIUS ZEBROS, KI' pending receipt of action
from the Suffolk County Department of Health under Article VI,
in addition to a copy of a Pre C.O. and comments~rom the
Planning Board on the lot-line layout as proposed.
The board began deliberations in the Matter of Appeal
No. 3405 - STAMATIOS AND ELENI RAPANAKIS, and took the
following action:
Southold Town Board of Appeals -2- January 21, 1986 Special Meeting
PENDING DECISION: Appeal No. 3405:
Application of STAMATtOS AND ELENI RAPANAKIS, 2030 Boisseau Avenue,
Southold, NY for a Variance to the Zoning Ordinance, Article XI, Section
lO0-118(D) for permission to reinstate nonconforming two-family dwelling
use at 2030 Boisseau Avenue, Southold, NY; County Tax Map District
1000, Section 55, Block 6, Lot 40.
Following deliberations, the board took the following action:
WHEREAS, public hearings were held on October 24, 1985 and Decem-
ber 12, 1985, in the Matter of the Application of STAMATIOS AND ELENI
RAPANAKIS; and
WHEREAS, the board has considered all testimony and documentation
entered into the record concerning this application, and it is noted
that no public opposition has been received; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question as well as its surrounding area; and
WHEREAS, the board made the following findings of fact:
1. The property in question is situated along the east side of
Boisseau Avenue in the Hamlet of Southold, Town of Southold, is
located in the Residential and Agricultural Zoning District, and
is identified on the Suffolk County Tax Maps as District 1000,
Section 055, Block 6, Lot 40.
2. The subject property contains a total area of .8193 acreage
with frontage along Boisseau Avenue of 183.05 feet, and is improved
with the following structures: (a) two-and-one-half story frame
house set back 35 feet from the front property line and 44 feet
from the most northerly line [exclusive of right-of-way], (b)
accessory garage structure in the rearyard area, (c) accessory
barn structure at the most northeast corner of the property, all
as shown by survey dated June 25, 1985, prepared by Roderick Van-
Tuyl, P.C.
3. By this application, applicants request a Variance from
the requirements of Article XI, Section lO0-118(D) for permission
to reinstate nonconforming two-family dwelling use of the existing
dwelling structure, which the applicants claim was discontinued
in November 1982 and then used as a single-family dwelling.
Southold Town Board of Appeals -3- January 21, 1986 Special Meeting
(Appeal No. 3405 RAPANAKIS~ decision, continued:)
4. Article XI, Section 100-.118 of the Zoning Code provides
as follows:
...Unless otherwise authorized as a special exception by the Board
of Appeals .... the following provisions shall apply to nonconforming
uses:
...D. Whenever a nonconforming use of a building or premises has
been discontinued for a period of more than two (2) years or has
been changed to a higher classification or to a conforming use,
anything in this section to the contrary notwithstanding, the
nonconforming use of such building or premises shall no longer
be permitted unless a variance therefor shall have been granted
by the Board of Appeals, as hereinafter provided ....
5. Column A-180 of the Bulk and Parking Schedule, and Article
III, Section lO0-30(B)[1], permits a two-family dwelling by special
exception, subject to site plan approval by the Planning Board, and
a minimum lot area of 160,000 sq. ft., minimum lot width of 270 feet,
and minimum lot depth of 250 feet.
6. It is the opinion of this board that since evidence has
not been submitted proving the legality of the subject premises as
a "two-family dwelling use" in existence since the enactment of
zoning, that this board is without authority to grant the variance
applied for.
Accordingly, absent such proof, the subject variance must be
denied.
On motion by Mr. Grigonis, seconded by Messrs. Douglass and
Doyen, it was
RESOLVED, that the relief requested in the Matter of the
Variance Application of STAMATIOS AND ELENI RAPANAKIS under Appeal
No. 3405, BE AND HEREBY IS DENIED.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass,
Grigonis, and Doyen. (Member Sawicki was absent.) This resolution
was duly adopted.
Chairman G6ehringer left the room at this point in time,
and the board began d~liberations on Item I(b) of the agenda,
as follows:
Southold Town Board of Appeals -4- January 21, 1986 Special Meeting
PENDING DECISION: Appeal No. 3422:
Application of ROBERT A. CELIC, Box 1247, Mattituck, NY for a
Variance to the Zoning Ordinance, Article XI, Section lO0-112(D) for
permission to establish access to and from Marlene Lane for off-street
parking which will be located less than 50 feet from property abutting
the Main Road, the nearest street intersection. Premises located on
the east side of Marlene Lane, Mattituck, NY; County Tax Map District
1000, Section 143, Block 3, Lot 1.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on December 12,
1985 in the Matter of the Application of ROBERT A. CELIC under Appeal
No. 3422, and
WHEREAS, the board has considered all testimony and documentation
entered into the record concerning this application, and it is noted
that no public opposition has been received; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question as well as its surrounding area; and
WHEREAS, the board made the following findings of fact:
1. The property in question is situated along the east side of
Marlene Lane (a/k/a 10200 Main Road), Mattituck, and is more parti-
cularly identified on the Suffolk County Tax Maps as District 1000,
Section 143, Block 03, Lot 001;
2. The premises in question contains an area of 31,451 sq. ft.
as certified by Roderick VanTuyl, P.C., Licensed Land Surveyors,
site plan revised October 10, 1986, and is located in the "B-I"
General Business Zoning District.
3. It is noted for the record that a Waiver under the Provisions
of Local Law #14~1985 (Article XVI, Section 100-160) was granted by
the Southold Town Board at a Regular Meeting held October 22, 1985
deeming such use as proposed to be consistent with the uses in the
pending Master Plan Update Zoning Code revisions.
4. The subject premises ~s improved with a one-story building
Southold Town Board of Appeals -5- January 21, 1986 Special Meeting
(Appeal No. 3422 ROBERT A. CELIC decision, continued:)
presently used for a real estate Office and beauty parlor with a
setback from the westerly front property line at 7.5± feet at its
nearest point, and set back from the northerly front property line
at 80 feet at its nearest point,
5. Abutting the subject parcel on the south are premises
located in the "A" Residential and Agricultural Zoning District,
and on the east, premises also located in the "B-I~' General Busi-
ness Zoning District.
6. By this application, appellant requests permission to
establish access to the proposed parking area which commences at
a point at the northeast corner extending in an easterly direction
(as shown by site plan of October 10, 1985).
7. Article XI, Section lO0-112(D) requires that no entrance
or exit for any off-street parking area be located within fifty
feet of any street intersection.
8. Although the state owns the property between this parcel
and the State Highway, which is shown to be approximately 70 feet
north of the ingress/egress point, the access to the proposed
parking area will be extending at a point extending southerly
from the highway's blacktopped shoulder approximately 55 feet
to the northeast corner of these premises.
9. It is the opinion of the board that the point of access
under consideration to the parking area is the same area presently
used for parking and would not be a direct change. In fact it
is the intention of the applicant to eliminate "backing out" onto
Marlene Lane by creating this entrance/exit access point.
10. It is also noted for the record that a conditional
setback variance under the requirements of Article VII, Section
100-71 was granted on February 14, 1985 under Appeal No. 3311.
In considering this application, the board has determined:
(a) the relief requested is not substntial; (b) there will be
no substantial change in the character of this district; (c)
the relief as granted will not cause a substantial effect or
detriment to adjoining properties; (d) the circumstances of
this appeal are unique; (e) the interests of justice will
be served by allowing the relief as requested~ (f) the relief
requested is within the spirit and intent of the zoning regula-
tions.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
Southold Tow~ Board of Appeals -6- January 21, 1986 Special Meeting
(Appeal No. 3422 - ROBERT CELIC, decision, continued:)
RESOLVED, to GRANT a Variance as applied under Appeal
No. 3422 in the Matter of ROBERT A. CELIC for permission to
establish entrance/exit access to parking area(s) as shown
on site plan revised October 10, 1985.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Doyen.
(Members Goehringer and Sawicki were absent.) This resolution
was duly adopted.
Chairman Goehringer returned.
PENDING DECISION: Appeal No. 3354:
Application for LONG ISLAND SHORES, INC., 684 Estero Boulevard,
Fort Myers Beach, FL 33931, for a Variance to the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedule, for approval of insufficient
area of four proposed parcels and insufficient lot width of two proposed
parcels in this pending division of land, premises located on the north
side of North Road (C.R. 48), Greenport, NY~ Suffolk County Tax Map
District 1000, Section 40, Block 01, Lot 20, containing a total area
of 5.20± acres.
Following deliberations, the board took the following action:
WHEREAS, public hearings were held on December 12, 1985 and
January 9, 1986 in the Matter of the Application of LONG ISLAND SHORES,
INC. under Appeal No. 3354~ and
WHEREAS~ the board members have considered all testimony and
documentation entered into the record concerning this application,
including but not limited to correspondence dated May 21, 1985 from
the Southold Town Planning Board recommending two lots rather than
the proposed four lots, and Wetlands Permit #10-85-0517 from the
N.Y.S. Department of Environmental Conservation issued September 4,
1985; and
WHEREAS~ the board members have personally viewed and are familiar
with the premises in question as well as its surrounding area; and
WHEREAS, the board made the following findings of fact:
1. The property in question is situated along the north side of
the North Road (a/k/a County Road 48), Greenport, Town of Southold,
having a total acreage of 5.2 acres and lot width of 255.26 feet, and
is located in the "A-80" Residential and Agricultural Zoning District.
Southold Town Board of Appeals -7- January 21, 1986 Special Meeting
(Appeal No. 3354 - LONG ISLAND SHORES, INC., decision, continued:)
2. By this application, appellant requests approval of:
(a) insufficient lot area of 1.0347 acres, or 45,072± sq. ft., and
insufficient lot width of 117.50± feet, for proposed Parcel
(b) insufficient lot area of 1.2347 acres, or 53,784± sq. ft., and
insufficient lot width of 117.50± feet, for proposed Parcel #2;
(c) insufficient lot area of 1.1743 acres, or 51,153± sq. ft. for
proposed Parcel #3; and (d) insufficient lot area of 1.23 acres,
or 53,628± sq. ft. for proposed Parcel #4, [all as shown on sketch
plan map as revised November 4, 19852 pre.pared by Roderick VanTuyl,
P.C., and with right-of-way areas excluded].
3. Article III, Section 100-31, Bulk Schedule of the Zoning
Code requires a minimum lot area of 80,000 sq. ft. and minimum lot
width of 175 feet. The percentages of relief requested vary
from 43% of the zoning requirement for the largest tot to 33% for
the smallest lot.
4. In viewing the character of the area, the board finds
that although there are a few lots to the west which are of sizes
smaller than the 80,000 sq. ft. requirement, a majority of the
parcels in the vicinity are larger than the proposed parcels.
5. It is also noted for the record that an opinion was
obtained from the Suffolk County Soil and Water Conservation
District dated November 29, 1985, recommending a change in the
location of the right-of-way outside of the natural drainageway areas.
In considering this application, the board has determined:
(a) the relief requested is substantial in relation to the
requirements of zoning, at variations of between 33% and 43%;
(b) a substantial change will be produced in the character of
the neighborhood since a majority of t'he lots existing in the
area are larger than that proposed, and the circumstances of this
appeal are not unique; (c) a detriment would be created to
adjoini~§ properties due to interference with natural drainageways;
(d) a division of land is economically feasible other than by way
of a variance; (e) the public health, welfare,and safety of the
town will not be served by upholding this application; (f) the
spirit of the zoning ordinance will best be served by denying the
application as applied.
Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen,
it was
RESOLVED, that the relief requested under Appeal No. 3354 in
Southold Town Board of Appeals -8- January 21, 1986 Special Meeting
(Appea'~ No. 3354 LO~NG ISLAND SHORES~, INC., decision, continued:)
the Matter of the Application of LONG ISLAND'SHORES, INC., BE AND
HEREBY IS DENIED AS APPLIED.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Douglass. (Member Sawicki was absent.) This resolution
was duly adopted.
PENDING DECISION: Appeal No. 3438:
Application for PAUL AND MARY FLEMING by Eastern Windpower Inc.,
Osborne Avenue, Baiting Hollow, NY'11933, for a Variance to the Zoning
Ordinance, Article III, Section 100-32 and Section 100-30(C) for per-
mission to erect a wind tower exceeding 18 feet in height fOr the
purposes of producing electricity, at premises known as 35675 Route
25 (Main Road), Orient, NY; County Tax Map District 1000, Section 19,
Block 2, Lot 10.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held on December 12, 1985 in the
Matter of the Application of PAUL AND MARY FLEMING under Appeal
No. 3438; and
WHEREAS, the board has considered all testimony and documentation
entered into the record concerning this application; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question as well as its surrounding area; and
WHEREAS, the board made the following findings of fact:
1. The property in question is situated along the north side of
the Main Road (a/k/a State Route 25), Orient, Town of Southold, pre-
sently zoned "A-80" Residential and Agricultural, and consists of a
total area of 31.863 acres with 433.71' road frontage.
2. Existing upon the premises are three structures as shown by
survey dated June 21, 1979 prepared by Young & Young, L.S.
3. By this application, appellants request permission to erect
a private accessory wind tower at a total height not to exceed 72
feet for the purposes of generating electricity for their private
residential use at the subject premises.
4. Although Article III, Section 100-32 of the Zoning Code
does not list this use as a permitted use, it is the opinion of
Southold Town Board of Appeals -9- January 21, 1986 Special Meeting
(Appeal No. 3438 - PAUL AND MARY FLEMING, decision, continued:)
this board that this structure is for private use incidental only
to the residential use of the subject premises and will not be
operated for gain.
5. It is also the opinion of this board that relief is necessary
for the additional height of 54 feet over and above the normal 18-feet
in height permitted for the safe and efficient operation of the wind
tower.
In considering this application, 'the board has determined:
la) the relief requested i~.unique;. (b) there will be no s~bstan-
tial change in the character of this district; (c)_the relief as
granted will not cause a substantial effect or detriment to adjoini'ng
properties since the structure will be located a distance of 175 feet
minimum from each property line; (d) there is no other method
available for the appellants to pursue other than a variance; (e)
the public health, welfare, and safety of the town will not be
adversely affected if the relief is granted; (f) the spirit of
the zoning ordinance will best be served by allowing the variance,
as conditionally noted below.
Accordingly~ on motion by Mr. Douglass, seconded by
Mr. Goehringer, it was
RESOLVED, that permission BE AND HEREBY IS GRANTED as applied
under Appeal No. 3438 in the Matter of the Application of PAUL AND
MARY FLEMING to locate and erect a private accessory wind tower for
the purposes of generating electricity for their residential use
and not for gain, at a maximum height of 72 feet, AND SUBJECT TO
THE FOLLOWING CONDITIONS:
1. That instrumentation reflectors be installed at each
corner at the top of the support frame (under light) [similar to
~hose used by the local airports];
2. That the total height of the wind tower, blades, etc. shall
not exceed 72 feet (60' plus 11-12' blades);
3. That the location of the wind tower be located not closer
than 175 feet to any property line and not closer than 100 feet to
the existing (rear) barn structure;
4. That a red light with a minimum wattage of 150 be installed
at the top for proper visibility by aircraft, particularly in fog
and bad weather;
5. That the subject wind tower be constructed within one year
from the date hereof or this variance will automatically expire.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen
and Grigonis. (Member Sawicki was absent.) This resolution was
duly adopted.
Southold Town Board of Appeals -10- January 21, 1986 Special Meeting
ACCESSORY APARTMENT LAW: The board briefly discussed the
newly adopted Accessory Apartment Laws passed today by the Town
Board. The Secretary indicated she was drafting a proposed
form and instruction sheet, which should be available for the
board's next meeting.
PUBLIC HEARINGS OF FEBRUARY 6, 1986: On motion by
Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED~ that the following matters be and hereby are
scheduled for public hearings to be held THURSDAY, FEBRUARY 6,
1986 by the Southold Town Board of Appeals commencing at 7:30
p.m. and as follows, and that the Secretary is hereby authorized
and directed to prepare Notice of same for publication in the
Long Island Traveler-Watchman and Suffolk Times accordingly:
7:35 p.m.
7:40 p.m.
7:45 p.m.
7:50 p.m.
7:55 p.m.
8:00 p.m.
8:05 p.m.
8:10 p.m.
8:20 p.m.
8:25 p.m.
Appeal No. 3432 JOHN AND JOYCE HOLZAPFEL;
Appeal No. 3446 - MARGERY D. BURNS;
Appeal No. 3196 - VIRGINIA HAIRSTON;
Appeal No. 3454 - ALICE D. CURRIE;
Appeal No. 3443 - FREDERICK W. KOEHLER, JR.~
Appeal No. 3444 - JOSEPH AND FRANCES GRASSO~
Appeal No. 3448 - RIVERSIDE HOMES, INC.;
Appeal No. 3383 - ANNA PACIFICO;
Appeal No. 3421 ESTATE OF JOSEPH ZIELONKA;
Appeal No. 3431 GAIL DESSIMOZ and MICHAEL RACZ.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Doyen. (Member Sawicki was absent.) This
resolution was duly adopted.
Southold Town Board of Appeals -Il- January 21, 1986 Special Meeting
OTHER REVIEWS: Appeal No. 3445 - JULIUS ZEBROSKI FOR A
Variance requesting a~pro~al of insu~.c~en~ lot area of two
parcels~ 40,000 sq. ft. and 78~795 sq. ft~ N~rth Side of Bayview
Road and East Side of Waterview Drive, Southold; lO00-78-7-part
of 32.7.(2.7 acres).
Continuing on the ZBA letter dated January 7, 1986, the
Board additionally requested Article VI approval/adt~on after
formal application by the applicant to the Suffolk County
Department of Health Services. It was also noted for the
record that comments were received by the Planning Board
indicating that a field inspection would be conducted (and
comments would be forthcoming about F~bruary lOth).
REVIEW: Appeal No. 3426 - GERALD DOROSKI. Variance for
approval of access. Await Planning Board comments and
document(s) from applicant indicating a written easement or
other over the right-of-way in question which is controversial
by abutting owners. Upon receipt, Chairman is authorized to
request a road inspection and recommendations/report from
Jack Davis. ROW off N/s C.R. 48, Peconic.
REVIEW: Appeal No. 3443: GAIL DESSIMOZ and MICHAEL RACZ.
Variance for approval of access~ N/s C.R. 48, Mattit~ck.
~o send request to road inspector (when available) for his
inspection,.recommendations and report.
OTHER REVIEWS, tentatively for the latter part of Februars
for peblic hearings:
Appeal No. 3447 - PUDGE'CORP Await Planning Board comments
by advertising deadline. Special Exception for C-Light uses.
E/s Horton Lane, Southold.
Appeal No. 3451 - BEDELL WINERY. Await Planning Board
comments by adverti~sing deadline. Special EXcePtion to convert
barn to winery. N/s Main Road, Cutchogue.
Southold Town Board of Appeals -12- January 21, 1986 Special Meeting
OTHER REVIEWS, continued:
Appeal No. 3453 - PAUL FORESTIERI. New dwelling with insufficient
front and rear yard setbacks. Fasbender Avenue and Sound View Avenue
(private roads), Peconic.
FOUNDATION REQUIREMENTS: Pursuant to the request of Councilman
James A. Schondebare requesting written comments on the requirements
for foundation surveys~ the board agreed that either or both the
building inspector who conducts the inspection/issues the building
permit, and/or the l~censed engineer or surveyor, must certify that
the placement of the foundation is located as applied in the
building permit application, and the following comments should
be considered before the zoning committee sets policy:
Monuments could be required showing all corners of the lot
which would be permanent markers. Not only could the
builder and homeowner measure from these points for the
new construction but the building inspector could also
measure to be doubly-sure that the construction has not
been relocated s~nce the issuance of the building permit.
(The building inspector enforces not only compliance
with the building-construction codes but also the zoning
setback code requirements.)
If monuments are not in place at the time of the applica-
tion for a building permit, a new survey could be required
for those structures built within 15 or so feet of the
required setback. This would possibly encourage construc-
tion to be farther away from the "minimum requirements,"
which would in years to come also allow for other additions
within the limited 15-ft. area without the necessity of
applying for variances. (There are many times that a
minimum 35-foot setback would be applied for at the time
of applying for a building permit, and then a year or so
later the same property is referred for variances because
the applicants find that they didn't think of placing a
deck in the front, or think they would need that second
garage.) This would also reduce the chance of error to
almost nil. If an owner decided he didn't want to build
the extra 15-feet farther, then he could be required to
obtain a preliminary survey for the digging and a final
survey.
3. If neither of the above appear acceptable, then affidavits
Southold Town Board of Appeals -13- January 21, 1986 Special Meeting
(Foundation requirements, continued:)
should be obtained from the builder and the owner assuring
the town of compliance after having measured the distances
proposed, and holding the town harmless if errors are found
in the final stages.
The board members agreed that a final survey should be required
prior to the approval of the foundation and before permitting any
additional construction/building, insulation, etc.
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 o'clock p.m.
Pp. 1-13
/.'Approved - 4~/86 j /'
Respectfully submitted,
Linda F. Kowalski, 'Secretary
Southold Town Board of Appeals
, Z.C N -ED AND FILED
SOUl"HOLD TOV41~ CL.~RK
, Town of Southold
MAiN REJAD- STATE
APPEALS BOARD
MEMBERS
GERARO P. GOEHRtNOER. CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
SE~UTHE)LD. l.l,, N.Y. 11~"71
WAIVER OF NOTICE
OF'SPECIAL MEETING
TELEPHONE (516) 765-t809
WE, the undersigned, being M~bers 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~ting of the Board of Appeals to be held at the
Southold Town Hall, Main Road, Southold, New York, on
Tuesday, January 21, 1986 at 7:00 o'clock 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: January 21, 1986
-Southold, NeW York. /~e~ard~~'~P. Goe~i~ger, Chairman
/ ·
Charles Grigo~ , Member
Member
Member