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HomeMy WebLinkAboutZBA-04/16/1998BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Resolution 5/14/98 BOARD OF APPEAI.S TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, APRIL 16, 1998 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 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 THURSDAY, APRIL 16, 1998 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinlzio, Jr., Member Lydia A. Tortora, Member George Homing, Member Lora S. Collins, Member Linda Kowaiski, Board Secretary 6:30 p.m. Gerard P. Goehringer, Chairman called the meeting to order. I. SEQRA: Applications which involve setback, lot-line adjustments, waivers, interpretations, accessory building variance applications - Type II Declaration for the following hearings. II. PUBLIC HEARINGS: 6:35 p.m. Appl. 4550 RUTH MILLER. Location of Property: 6400 Indian Neck Road, Peconic. 1000-86-7-2.2. This hearing was a continuation from the last Regular Meeting. (See separate written transcript for additional comments.) After testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to conclude (close) the hearing as to further testimony. This RESOLUTION was DULY adopted (5-0). 6:38 - 7:00 p.m. Appl. 4539 - FRANK LICARI. Location of Property: Lot #30, Map of Cedar Beach Park, 485 Orchard Lane, Southold. This is a request for a Waiver under Article II, Section 100-26, based upon the Building Inspector's September 22, 1997 Notice of Disapproval which states: "...Under Article II, Section Page 2 - Minutes ~ 'April 16, 1998 Regular Meeting Southo]d Town Board of Appeals 100-25A, SCTM Lot #1000-89-2-7 and Lot 89-2-6 have merged since the nonconforming lots have been held in common ownership at some time after July 1, 1983...under Section 100-25E, no building permit can be issued by the Town until thig section has been complied with .... " Mr. Licari appeared and spoke at length regarding his application and the history of the parcels involved. (Please see written transcript prepared separately.) At the end of testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to conclude (close) the hearing as to further testimony. This RESOLUTION was DULY adopted (5-0). 7:00 p.m. Appl. 4~54 - D. LAVEGLIA. Location of Property: 3000 Soundview Road, Mattituck; Parcel 1000-94-2-3. This is a request for a Variance based upon the following two Building Inspector's Notices of Disapproval regarding an application for a permit to add deck and railing on an accessory building: (a) disapproved February 24, 1998 under Article I/l, Section 100-33A because "...accessory building will exceed maximum ailowable height of 18 feet...," and (b) disapproved March 6, 1998 under Article III, Section 100-33B.3 because "...accessory building on lots containing between 39,999-79,999 sq. ft. require such building be set back no less than 10 feet from any lot line. Staircase of 3 ft.+- will now be within 9+- feet of the rear lot line .... " (Please see written transcript prepared separately. ) After testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to conclude (close) the hearing as to further testimony. This RESOLUTION was DULY adopted (5-0). 6:45 p.m. Appl. 4556 - THOMAS KEAN. Location of Property: East End Road, Fishers Island, NY; County Parcel ID 1000-4-3-10. Thl.g is a request for a Variance based upon the Building Inspector's November 10, 1997 Notice of Disapproval, which states: " .... application for a permit to construct addition to an existing non-conforming guest cottage is disapproved on the following groundS: An existing building with a non-conforming use shall not be enlarged, altered, extended, reconstructed, or restored...pursuant to Article XXIV, Section 100-241A.~.." (Please see written transcript prepared separately. ) After testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to conclude (close) the hearing as to further testimony. This RESOLUTION was DULY adopted (5-0). 7:37 p.m. Appl. 4557 DOROTHY THOET. Location of Property: 380 Pecouic Bay Boulevard, Laurel, NY; County Parcel #1000-145-2-3. This is a request for an Interpretation under Article XXIV, Section 100-242A which reads as follows: "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new noncon- Page 3 - Minutes ~ ~April 16, 1998 Regular Meeting Southold Town Board of Appeals formance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings .... " Action is requested for an Interpretation to confirm that a variance is not required for the applicant's proposed reconstruction of an accessory structure. In the alternative, a variance is requested under Section 100-242B(1), based upon the Building Inspector's November 26, 1997 Notice of Disapproval and an existing nonconformin~ setback location. (Please see written transcript prepared separately.~) After testimony, motion was made by Chairman Goehringer, seconded by Member Dinlzio, and duly carried, to conclude (close) the hearing as to further testimony. This RESOLUTION was DULY adopted (5-0). A short recess was taken for a two-minute break. The members returned at 7:53 p.m. 7:53 p.m. Appl. 4555 - DONALD H. McALLISTER. Location of Property: Private right-of-way off the north side of East End Road, Fishers Island, NY; County Parcel #1000-4-4-1. This is a request for a Variance based upon the Building Inspector's August 27, 1997 Notice of Disappreval, disapproving an application for a permit to alter an existing cottage on the foliowing grounds: "...In an R-120 District, a non-conforming building with a non-conforming use shall not be enlarged, reconstructed or structurally altered unless the use · of such building is changed to a conforming use, Article XXIV, Section 100-243A .... " (Please see written transcript prepared separately. ) After testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to conclude (close) the hearing as to further testimony. Thi.g RESOLUTION was DULY adopted (5-0). 8:03 p.m. Appl. 4558 JOSEPH BENDOWSKI. Location of Property: 3060 Park Avenue, Mattituck, NY; County Parcel #1000-123-8-19. This is a request for a Variance based upon the Building Inspector's February 27, 1998 Notice of Disapproval, disapproving "...an application for a permit to construct a rear deck addition to an existing single-family dwelling on the following grounds: "...under Article XXIII, Section 100-239.4B, proposed construction at 49+- feet will be within 75 feet of an existing bulkhead .... ' (Please see written transcript prepared separately.) After testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to conclude (close) the hearing as to further testimony. This RESOLUTION was DULY adopted (5-0). 8:12 p.m. Appl. 4559 - CHRISTOPHER :PLIACONIS. Location of Property: 345 Snug Harbor Road, Greenport; 1000-35-6-7. Thlg is a variance request based upon the Building Inspector's January 30, 1998 Notice of Disapproval, disapproving a building permit for a Page 4 - Minutes -~ 'April 16, 1998 Regular Meeting Southold Town Board of Appeals proposed accessory sw~mmlngpool structure in the rear yard area, for the following reasons: "...Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule in the R-40 Zone: Proposed construction wi]] exceed the allowable 20% lot coverage, the lot area is 12,780+- sq. ft.; at 20% the allowable area would be 2,556 square feet. Present coverage with dwelling and deck is 2,553 sq. ft. Swimming pool, as proposed, is 568 sq. ft., bringing total lot coverage at 3,121 sq. ft. or approximately 24.4+- percent .... n After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to RECESS the hearing until May 14, 1998 as requested by Mr. and Mrs. Ronald Hellman, abutting property owners who were not able to be present at this time. This RESOLUTION was DULY adopted by all the members (5-0). 8:33 p.m. Appl. No. 4560 - ROBERT AND ANN SHANK. Location of Property: 820 Fisherman's Beach Read, Cutchogue. 1000-111-1-19.1. This is a request for a Variance based upon the Building Inspector's March 10, 1998 Notice of Disapproval, disapproving a building permit for an addition to existing dwe]llng for the following reasons: "...1) The proposed construction being located on a non-conforming lot of approx. 5000 sq. ft. (land above ordinary highwater mark) in an R-40 Zone will exceed the 20% allowable lot coverage by approx. 700 sq. ft. Existing square footage of 1287 with addition - 1987 sq. ft. Pursuant to Art. XXIV, 100-244B. 2) Proposed construction encroaches on the allowable front yard set back of 35' pursuant to Art. XXIV 100-244B .... " Fast end Drafting represented the applicant. Opposing the application were James Homan and T. Samuels, both property owners at Fishermen's Beach. After receiving testimony, motion was made by Chairman Goehriuger, seconded by Member Collins, and duly carried, to RECESS the hearing on May 14, 1998, pending receipt of a map showing the amount of area subject to flooding and/er wetlands areas. This RESOLUTION was DULY adopted (5-0). 9:27 p.m. Appl. No. 4561 MATTITUCK PRESBYTERIAN CHURCH. Location of Proper~_g: 12605 Main Road, Mattituck, NY; County Parcel ~ 1000-141-4-32 ~ 1. Zone District: HB Hamlet Business. This is a request for a Variance based upon the Building Inspector's March 13, 1998 Notice of Disapproval, disapprevirLg a building permit application for an addition to existing church, for the following reasons: "...Under Article XXIV, Section 100-243, a non-conforming building with a non-conformlug use cannot be enlarged, reconstructed or structurally altered. Note: the nonconforming use pertains to the HB Zone where churches are not permitted; the non-conforming building pertains to the existing front yard setback to Rt. 25 which is less than the required 15 feet .... ' (Please see written transcript prepared separately. ) After receiving testimony, motion was made by Chairman Goehringer, Page 5 - Minutes ~ · April 16, 1998 Regular Meeting Southold Town Board of Appeals seconded by Member Homing, and duly carried, to conclude (close) the hearing. This RESOLUTION was DULY ADOPTED 5-0. The Board Members provided a straw opinion to unanimously approve this application at the April 30, 1998 Special Meeting. Mrs. Herold, Architect, thanked the Beard and said she would like to proceed in obtaining permit(s) from other department(s). 9:42 p.m. Appl. No. 4544 - MARTIN ROSEN, Contract Vendee. (Owner: O. Booker & ano.). Location of Property: 11780 Sound Avenue, Mattituck, NY; County Parcel #1000-141-3-44. This is a request for Variances based upon the Building Inspector's Febru- ary 18, 1998 Notice of Disapproval, disapproving a building permit application to construct a tower for telecommunications use, for the following reasons: 1) the proposed telecommunications tower being located on a non-conforming lot in an LI District is not permitted according to Section 100-165B; 2) the proposed tower being the principal use on the lot is required to have a rear yard setback of 70 feet pursuant to Art. XIV, 100-142; 3) the proposed tower is required to be located at least one-hundred (100) feet from the nearest dwelling unit pursuant to Article XVI, Section 100-162C. 3 .... " (Please see transcript of hearing prepared separately.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duiy carried, to RECESS the hearing until June 11, 1998. This RESOLUTION was DULY adopted (5-0). 10:55 p.m. Appl. No. 4562 - ROBERT KASSNER. Location of Property: 145 Teepee Trail, Southold; 1000-87-2-32. This is a request for a Variance based upon the Building Inspector's March 17, 1998 Notice of Disapproval, disapproving a building permit application for a 10' x 16' shed for the following reason: proposed accessory shed being located on a non-conforming lot in an R40 Zone is required to be located in the rear yard, Art. IIIA, Section 100-30A.4 further referred to Art. III, 100-33 .... " (Please see written transcript prepared separately.) After-receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to conclude (close) the hearing. This RESOLUTION was DULY ADOPTED (5-0). 11:02 P.M. Appl. No. 4540 - MELISSA SPIRO AND OTHERS. Location of Property: 340 Glenwood Road and 295 East Road, Cutchogue; 1000-110-6-5 and 11.2. Continuation of Hearing held February 23, 1998. This is a Waiver request under the merger law, Article II, Section 100-25 for 1000-110-6-5, which consists of approx, one-half acre. (Please see written transcript prepared separately. ) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinlzio, and duly carried, to conclude (close) the hearing. This RESOLUTION was DULY ADOPTED (5-0). Page 6 - Minutes ~J · April 16, 1998 Regular Meeting Southold Town Board of Appeals 11:03 p.m. Appl. No. 4563 NANCY REEVE. Location of Property: 2055 Camp Mineola Road, Mattituck; 1000-123-6-1. This is a request to continue construction in the "as built" location of a foundation for a new single-family dwelling under Building Permit 24629Z issued 2/3[98, and Variance based upon Building Inspector's March 17, 1998 Notice of Disapprovai, which denied an application to construct a new single family dwelling for the fo]lowing reasong: Under Article XXIV, 100-244B, for nonconforming lots, the existing foundation at 33 feet 9 inches does not meet the minin~um requirement of 40 feet for front yard setback to the right-of-way. Right-of-way is not in use at thlg time .... " (Note: Pending building permit #24629Z issued February 3, 1998 for a new 2-story single-family dwelling with rear covered porch as applied for. ) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Homing, and duiy carried, to conclude (cIose) the hearing. This RESOLUTION was DULY ADOPTED (5-0). DECISION: Immediately following the close of this hearing, the Board took Action to Approve the application as applied for. (Please see findings of fact and decision, the original of which has been filed with the Office of the Town Clerk within the five (5) days required by Town Law. Copy attached. ) End of Hearings. 11:12 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. BOARD RESOLUTION: After confirming receipt of written documentation as of this date, motion was made by Chairman Goehringer, seconded by Member Homing, to close and conclude the remoJning written part of the record (which was extended from a prior resohition). VOTE OF THE BOARD: AYES: Members Goehringer, Dinlzio, Homing, Tortora, and Collins. This RESOLUTION was DULY adopted (5-0). DELIBERATIONS/DECISIONS. The following actions were taken and the originals filed with the Town Clerk's Office within the five-day requirement of New York Town law: A. Losquadro and D. Tuthill. Conditional approval (attached). Hay Harbor Club Interpretation adopted (attached). Hay Harbor Club Special Exception Condition~! Approval (attached). Member Dinizio voted "no" and did not agree with conditions of decision to a building permit. Hay Harbor Club Variances. Conditional approval (attached). Page 7 - Minutes ~ 'April 16, 1998 Regular Meeting Southold Tow~ Board of Appeals NEXT MEETING: The Chairman called a special Meeting to be held at 7:00 p.m. on Thursday, April 30, 1998 to continue with agenda items and new business properly coming before the beard at that time. Agenda items carried over from tonight's agenda are noted below: III. RESOLUTIONS/MISCELLANEOUS: A. RESOLUTION (carried over to 4/30) confirming May 14, 1998 hearings: 1. Bayview]South Harbor, L.P. Accessory bnilding in an area other than the required rear yard. Off Grange Road, Southold. 2. Carryover from March 23, 1998: Riverhead Building Supply. 3. Carryover from March 23, 1998: T. Petikas. Two-family use on 21,000+- sq. ft. Sound Rd. and North Rd, Greenport. 4. Appl. No. 4565.1c - STEVEN ZUHOSKI. Addition with Garage. Variance for side yard setback. 1090 gold Spur St., Cutchogue, 95-4-18.12. 5. Appl. No. 4566-jd- FRANK BERTETTO. "As built" garage addition (pending building permit). 695 Shore Drive, Greenport, 47-2-18. 6. (Others to be added when filed in complete form). B. UPDATE OR RESOLUTION: BELL-NYNEX, Mattituck project. (Await update from applicant to be submitted as per 2/4 hearing questions). (Carried over to next agenda.) C. UPDATES: New submissions. (Carried over to 4/30). AGENDA ITEM IV. DELIBERATIONS/DECISIONS ON PENDING Page 8 - Minutes ~Y · April 16, 1998 Regular Meeting Southold Town Board of Appeals APPLICATIONS. (Carried over to next agenda, 4/30 Meeting.) The Chairman adjourned the meeting at 11:50 p.m. Respectfully submitted, Board Secretary ~Approved fo~ Fih~ / Resolution adopted 5! /08 = ' ' ~= FILED RmCE!V~,zD AND BY Town Clerk, Town o~ Sou~hold APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O.'Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF APRIL 16, 1998 Appl. No. 4549 - CAROL and ANTHONY LOSQUADRO, JR. and DONALD TUTHILL STREET & LOCALITY: 2855 BOISSEAU AVENUE - 1000-55-5-12.1 and 3125 BOISSEAU AVENUE - 1000-55-5-12.2. DATE OF PUBLIC HEARING: March 23, 1998 FINDINGS OF FACT PROPERTY FACTS / DESCRIPTION: The properties which are the subject of this application are separately owned by Losquadro and Tuthill and were approved on November 9, 1981 by the Southold Town Planning Board. Each lot is shown on the County Tax Maps as 1000-55-5-12.1 for Losquadro, and the other as 1000-55-5-12.2 for Tuthill. The Losquadro parcel is the site for the proposed housing of 'Losquadro's horses, and a portion of the Tuthill parcel is for the corz~l area. Authorization has been furnished by Mr. Tuthill allowing the Losquadros to use the land as a horse corral with proof of insurance coverage and renewable on an annual basis. The Losquadro lot has frontage along Boisseau Avenue of 154.91 feet and a lot area of approximately 40,035 sq. ft. The Tuthill (vacant) lot has frontage along Boisseau Avenue of 163.75 feet and a lot area of 56,568 sq. ft. BASIS .OF APPEAL: Based upon an application to erect a corral to an existing barn, the Building Inspector has issued Notices of Disapproval, as follows: 1) dated February 13, 1998 and which reads: "...horses shah not be housed within forty (40) feet of any lot line. Article III, Section 100-31C(8); and 2) dated February 18, 1998, Article III, Section 100-31A2(b), that the vacant property located in a General Business (B) district, requires 10 acres or more for keeping of horses, Article III, Section 100-31A-2(b) .... " (Also ref. Sections 100-10IA-1 and 100-10lC.) REQUEST MADE BY APPLICANT: Applicants are proposing a corral enclosure, including the existing accessory barn, for housing of two ZBA Decision Page 2 April 16, 1998 Re: 1000-55-5-12.1 and 12.2 Losquadro and Tuthill Project or three horses as an accessory to Losquadro residence at 2855 Boisseau Avenue, Southold, NY; Parcel 1000-55-5-12.1. A portion of the corral/fencing will extend onto a portion of vacant property of Donald Tuthill, known as 3125 Boisseau Avenue, Southold, 1000-55-5-12.2 for the same accessory use incidental to the Losquadro residence. In the reviews of this project, it is noted that the applicant is not requesting a "horse farm" as referenced in the February 18, 1998 Notice of Disapproval of the Building Inspector. The location of the accessory corral structure (fence enclosure) extends from the barn in the rear yard to the north and will extend at variables between 60 ft. and 100 ft. from the northerly Losquadro/Tuthill property line. The setback of the corral structure on the Tuthill property is shown at approximately 40 ft. from the westerly property line, and the setback of the corral structure on the .Losquadro property is less than 40 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Assigned: JD: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the structure and use for up to three · horses are permitted accessory uses under Section 100-33(C) of the Zoning Code. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because there is no other land area available under the ownership of Losquadro. ?~ (3) The requested area variance is not substantial. The barn is 30+- feet from the property line and 40 feet or more at other points. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application., the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was ZBA Decision Page 3 April 16, 1998 Re: 1000-55-5-12.1 and 12.2 Losquadro and Tuthill Project RESOLVED, to GRANT the application as applied for and subject to the following CONDITIONS: 1. No boarding of horses (other than the three horses owned by Losquadro). 2. Only the owner's three horses may be housed in thus authorized area. 3. No stockpiling of manure or other waste products. 4. Manure or other waste must be removed twice a week as a minimum. 5. If the owner of the adjoining (Tuthili) parcel withdraws authorization of use of his property, the applicant must reduce the number of horses from three to one with all of the same conditions above in force. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, AND unanimously adopted (5-0). // GERARD P. GOEHR~(~ER~,, C~HA~ ff Approved for Filing AS400 / Txtlk/actions. all/55-5-12.2 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD DELIBERATIONS AND DET~ION APRIL 16, 1998 Southold Town Hall · 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Application No. 4563 John Scaramucci A/C Nancy Reeve Parcel 1000-123-6-1 Street & Locality: 2055 Camp l~rtmeola Rd., Mattituck. Date Of Public Hearing: April 16,1998 FINDINGS OF FACT PROPERTY FACTS / DESCRIPTION: The above - identified property is lOCated on the easterly side of Camp Mineola Rd. approximately 187 feet north of Alois Lane in the hamlet of Mattutuck. This property contains 28,164 sq. lt. is 96+- feet running north to south, between 288.54 It and 300 R running east to west, and is located in the R-40 Zone District. The survey map submitted under this application shows that the subject premises is iraproved with a one story barn measuring approximately, 20 It north to south and 60 lt. 4 in. west to east located 16:9 fi off the southern property line and a concrete foundation, which is the subject of this application, measuring 28 It by 28 ~ setback 60 It from the from property line, 33.5 feet from the southerly line, and 33~9 feet from the northerly property line. BASIS OF APPEAL: Building InspeCtor's Action of Disapproval dated March 17, 1998 which reads as follows: "Under Article XXIV, Section 100-244B, for non-conforming lots, the existing foundation at 33 feet 9 inches, does not meet the minimum requirement of 40 feet for front yard setback to the right of way." p31EA VARIANCE RELIEF REQUESTED BY APPLICANT: A setback variance from the required 40 feet to 13 feet 9 inches from the right of way running east to west along the entire length of the northern portion of the subject propexty, The requested setback is shown on a survey dated March 13,1998, prepared by Peconic Surveyors P.C. to be 13 feet 9 inches south of the:right of way. The "as built" concrete foundation is located 33 feet 9 inches from the northerly property line and 13 feet 9 inches from the south side of the 20 foot fight of way, according the survey. REASONS FOR THE BOARDS ACTION, DESCRIBED BELOW; An undesirable ohange will not be produced in the character of the neighborhood or a detrimem to neafoy properties, if granted because the most of the lots in the surrounding area are sinai.ar in size and shape. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance because: The foundation is already installed and to remove it at this time would be costly the applicant. The amount of relief requested is substantial constituting a 67.5% variance from the · required 40 ft Setback., Page 2 - April 16 1998 Appl. 4563 cont.: John Scaramucci A/C Nancy Reeve 1000-123-6-1 The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because many houses in the area, have similar setbacks The difficulty has not been self-created because the applicant built the foundation while relying on building permit # 24629X issued on February 3, 1998. The file indicates that the applicant submitted all the necessary documents required for the issuance of the permit including a recent survey clearly showing the right of way. The issuance of the permk was a~error on the building inspector3part and was not caused by any action the applicant had control over. RESOLUTION/ACTION: On motion by member Dinizio, seconded by Member Goehdnger, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,TORTORA, COLLINS and HORNING, This resolution was duly a~k~ (5-0). // GERAR23 P. GOEHRINGER, CHAIRM~ /" Approved for Filing APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A, Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New 'fork 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 INTERPRETATION FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: April 16, 1998 Appl. No. 4514- Interpretation APPLICANT: HAY HARBOR CLUB, INC. PARCEL: 1000-9-12-8.1 STREET AND LOCALITY: Oriental Avenue, Fishers Island, NY DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. An Interpretation of the Code of the Town of Southold, Section 100-31C- Accessory Uses, that the two existing employee apartments in the Golf Club-House Building are a permissible accessory use to the Hay Harbor club and its facilities; and that the four proposed new bedrooms, to be occupied by senior employees on a seasonal basis, are accessory residential uses customary to the operation of Golf Club facilities.' WHEREAS, after due notice public hearings were held by the Board of Appeals on the dates noted above to consider this application; and WHEREAS, the following sections of the Code are pertinent to this request: 1. Section 100-3 lC of the Zoning Code states: Accessory uses, limited to the following uses and subject to conditions listed in 100-33 herein... (1) any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. 2. 100-13. Definitions of the Zoning Code states: Interpretation Page 2 of 3 Re: 1000-9-12-8.1/Hay Harbor) ZBA Meeting of April 16, 1998 WORD USAGE .... the term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used" ACCESSORY USE - A use customarily incidental and subordinate to the main use of the lot, whether such "accessory use" is conducted in a principal or accessory building. PRINCIPAL USE - The main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, used or intended to be used or for which such land and/or structure(s) may be occupied or maintained under this chapter. MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT - a not- for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting to similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such club shall be limited to its members and its guests and shall not be extended to the general public. WHEREAS, the following findings of fact have been made based upon information, evidence and testimony offered to the Board. The Hay Harbor club is a'not-for-profit corporation with approximately 410 members who are entitled to use all of the programs, services, and facilities offered at its two locations: the Golf Club-~House Building, and the Main Building approximately a mile away. There are two apartments in the Golf Club-House that have been occupied on a seasonal basis by either the golf pro, tennis pro, cook and their families as well as other employees of the Hay Harbor Club for at least 22 years. The proposed four new bedrooms would not contain cooking facilities, and would be occupied by senior staff employees of the Hay Harbor Club on a seasonal basis from May 30th until September 1~t. The use of the apartment would be for the sole purpose of housing senior employees that provide direct services to the membership, i.e. golf pro, tennis pro, sailing master, cook, manager, etc., and to the Hay Harbor Club. The applicant has submitted an affidavit from Joseph Pfaff, a private golf club manager, who is a member of the Club Managers Association of America. He stated that "...because of the seasonal nature of the positions..." accessory staff housing is "...common in the industry and offered as an inducement to attract senior level staff...." Interpretation Page3 of.3 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 NOW, THEREFORE, BE IT RESOLVED, that the Board of Appeals finds that in the context of the Hay Harbor application, and specific circumstances and conditions enumerated herein, that: The seasonal on-site housing of senior employees of the Hay Harbor Club, not to exceed two apartments and four single-occupancy rooms without cooking facilities contained within the private golf Club-House Buildng are INTERPRETED to be Accessory Uses as provided for in SectiOn 100-3 lC of the Code of the Town of Southold, and because of the unique circumstances of the Hay Harbor Club, that this Interpretation shall apply to the Hay Harbor Application only. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, and COLLINS. This Resolution was DULY ADOPTED BY UNANIMOUS VOTE (5-0). Approved '4/19/98 for Filing Gerard P. Goehringer, Chairman APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Special Exception FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: April 16, 1998 Appl. 4503-SE Hay Harbor Club, Inc. PARCEL:1000-9-12-8.1 STREET & LOCALITY: Oriental Avenue, Fishers Island, NY. DATE OF PUBLIC HEARINGS: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. REQUESTS MADE BY APPLICANT: Applicant, Hay Harbor Club, Inc. is requesting a Special Exception as provided by Article III, Section 100-3 lB(7) of the Code of the Town of Southold, for approval of use as a non-profit golf club related to the existing golf course activities. Applicant has expressed interest in demolishing the existing Golf Club- House use and continuing the same use in a new, reconstructed Golf Club-House building, further described below. II. EXISTING PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Zone District, being situate on the southerly side of Heathulie Avenue, Fishers Island. The entire parcel consists of a total lot area of approximately 44.5 acres as shown on the County Tax Map and Town Assessment Records, however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler, Palmer & King and site plan map dated July 1997 indicates the property is 37.3 acres. The subject premises is improved with an existing nine-hole golf course, one of the oldest golf courses in the Country, and a Golf Club-H°use building, which is used seasonally. The club is non-profit. Special Exception Page 2 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting °4/16/98 The Golf Club-House building was constructed in 1929 in a small'triangular section at the northwest corner of the 37.3-acre parcel It is set back one foot from Heathulie Avenue and is tucked into a steeply sloping, wooded hill with adjacent homes elevated at approximately 30 feet above grade. The remaining part of the property consists of the nine-hole golf course, with the exception of the south side which is wetlands that extends to the Sound. The area is primarily residential in nature. The total floor area of the Golf Club-House building contains 5012 sq. ft. of which 2812 sq. ft. is the existing first-floor and footprint area limited to a 51 ft. by 56 ft. area. The entire 5012 sq. ft. principal building has been utilized for activities related exclusively to the non-profit membership golf club and its staff and employees at this site. The existing setbacks of the building have been confirmed by surveyor's letter dated February 24, 1998 at distances of one foot from the front property line and 32 feet from. the closest northerly side property line. A 50 ft. by 20 ff. on-site parking area is proposed as shown on the February 24, 1998 surveyor's map along the front yard. area. Applicant plans to continue to use the present off-site parking areas upon and along private land owned by Husband across the street, and on other property near Fox Avenue about a mile away. At this time applicant confirms there is no plan to obtain a written lease or other agreement for off-site accessory parking on Husband's property or on property within 300 feet of the Golf Club-House building. III. CODE PROVISION/BASIS OF APPLICATIONS: Chapter 100, "Zoning'! under Article III, Section 100-3 lB(7), reads as follows: "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals for the following: Beach clubs, tennis clubs, country clubs, golf dubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: ' (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. Special Exception Page 3 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 (d) No such use shall occupy a lot with an area of less than three (3) acres. Section 100z12 (Definitions) of the Zoning Code provides: MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT. A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and its guests and shall not be extended to the general public. Applicant has confirmed the following with regard to the mandates of Section 100- 3 lB(7), subsections (a) through (d): 1. The total area covered by principal and accessory buildings total less than 20% of the 37.3 acres. The principal use requested herein will continue, once the building is reconstructed and issued a new Certificate of Occupancy, as a nonprofit golf club facility and shall not be conducted for profit as a business enterprise. The existing nine-hole golf course would remain "as is." The size of the land upon which this use will occupy is 37.3 acres (as a minimum). The setback'of the new, reconstructed principal building is shown on the maps submitted by applicant to be three feet from the front property line and 23 feet from the nearest side property line. The parking area is shown to be less than 100 feet from the property lines, and in fact is shown to be along the front property line at the side yard area to one comer of the building. 6. The loading area is shown to be less than 100 feet in the same location as the on.- site parking area near the street. IV. FINDINGS OF FACT: The Board held public hearings on September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998 and February 26, 1998, at which time all those desiring to be heard were heard; and Special Exception Page 4 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 The Board has considered all testimony, documentation, evidence submitted by the applicant and a majority of the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding area; and On the basis of all testimony and documentary evidence received and on file, the Board finds and determines as follows: Applicant is proposing a new reconstructed Golf Club-House building with an overall footprint of 56 ft. by 56 tr. or 3136 sq. ft. The architect for the applicant has confirmed an overall building increase of 1130 square feet, although the actual footprint area is being increased by approximately 300 sq. fil The proposed plan shows replacement of the existing club-house within most of the same existing footprint area, except areas noted below: a) the front yard setback will be modified from one foot to three feet, and the side yard from 32 feet to 23 feet. b) the proposed square footage of the entire building area, without basement area, is s!-.own proposed at 6272 sq. ft. (3136 sq. Ir. for each the first including proposed 616 sq. fi. covered porch area and 616 sq. Ir. covered porch). c) three-thousand one-hundred thirty-six (3,136) square feet for each of the two proposed floor areas. The areas of the Golf Club-House proposed for seasonal housing in two apartment areas and four bedroom areas will be used only for employee and staff persons of this golf facility. d) the setbacks of the new 56' x 56' building are confirmed by surveyor's letter dated February 24, 1998 and site plan dated February 24, 1998 prepared by Chandler, Palmer & King, proposed at three feet from the front property line, and at 23 feet from the side property line, at its closest points. e) based on observations' made by members of the Board, the existing structure does not have central heating or air conditioning, relying only upon space heaters and no air conditioning. Applicant indicates that the new structure will have central heat and air. f) the existing structure has a limited capacity to be used for parties and gatherings, due to its dilapidated condition. The new structure will be far more safe and attractive than the existing structure. There is indication in the file of correspondence from the club to its members which proposes to increase the use of the new structure for purposes of parties and gatherings. The Building Department by its Director of Code Enforcement has calculated a requirement of 213 parking spaces based upon Section 100-191 of the Zoning Code for both the Golf Club-House facility and the Main Building approximately a mile away. Special Exception Page 5 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 Applicant has not provided adequate on-site (or off-site parking areas), and the Board has requested a written lease or other authorization from the landowner (presently the Husband Family) for off-site parking upon the Husband lot and upon other property near Fox Avenue about a mile away. During the heating, the Board has asked for adequate parking plan for the safety, health, and welfare of the community at large. Applicant has not offered any legal agreements or legal documents for additional parking, or intent to acquire long-term authorization for an additional 21 parking spaces in the area. Applicant asserts that the parking has not been refused for the past 20 years on private land presently of Husband, and therefore the applicant does not feel an agreement for permanent parking is necessary. There has been testimony but no record of a written offer with intent to purchase or other intent by the applicant, to acquire rights to additional land for club parking. The Zoning Board finds that the use, subject to the limitations of its current structure as to comfort (heat/air), attractiveness and safety, does not have significant impacts on the neighborhood parking, even if relying on use of the volunteered lot of an adjacent neighbor. However, the Zoning Board foresees that the use operated out of a new building has significant potential for imposing parking problems on a residential neighborhood. The presence of heat and air conditioning will expand the months in which the structure can be comfortably used. The improvement in appearance, comfo/t and safety in the new structure, as well as the addition of several more accessory living units, has the strong potential for increasing the number of users and vehicles at the facility. Finally, the ability of the club to continue using the neighbor's parking spaces has not been established, despite repeated requests by the Zoning Board. The applicant has not as of today filed a. complete site plan for reviews as to parking, landscaping buffers, and other site elements, which are under the jurisdiction of the Planning Board, and has not submitted an additional parking plan which is required to be adequate and safe, and therefore this project' does not meet the requirements of Section 100-19IH. Additional parking is required by code and the new proposed 1,000 sq. ft. on-. site parking area is the only permanent parking plan offered. The club membership for both this Golf Club-House building and the Main Building is presently 410 and has been capped at a maximum of 440 members. There are two golf club staff employees housed at this facility. The Applicants have offered use of its other site at the "Main Building" located within a mile of this facility/site for parking, and transportation of employees between the two sites. The subject Golf Club-house building as exists is in a deteriorated state, has suffered from flooding problems due to leaks, and does not conform to the current New York State Fire Prevention and Building Code or to the handicap Accessibility Codes. Special Exception Page 6 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 Based upon these findings, the Zoning Board makes the following specific findings pursuant to Sections 100-263 and 100-264: 1) This use as requested is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent uses because of its existence since the early 1900's in an area of homes which have existed for many years. 2) The Special Exception use will not prevent the orderly and reasonable use of adjacent properties except for potential parking difficulties, which are addressed by special condition to this approval. Additional parking is required by Code and the new 1,000 sq. ft. on-site parking area is the only permanent parking plan offered by applicant. Parcel exists as open space with improvement as a club-house which is the nature of this application; 3) This use will not prevent orderly and reasonable uses which may be proposed or existing in adjacent use districts since the golf club has existed as a private, non-profit club with approximately 420 members for many years; applicant indicates that this project is not an increase in its present operations or activities, and that the same uses which existed in the present building since about 1929 will remain. Parking is the single area in which this use may create disorder in a primarily residential neighborhood, since the use is required by Code to have 213 spaces and only has 23 spaces available. The reduction in the number of spaces might be acceptable, but is further exacerbated by the fact that they are off site, and are located on property on[ which applicant has no clear right to use for parking. If the landowner's approval were withdrawn for any reason, almost all club member parking would have to be o~[ the road. This would clog the residential streets and create safety problems for both club members and the neighborhood. For that reason, a special condition has been[ placed :on this approval to ensure compatibility of the parking needs of this use with the neighborhood. 4) The applicant has testified there will be no increaSe in its present operations or club activities that have existed since about 1929. Therefore the safety, health, welfare, comfort, convenience, order of the town should not be adversely affected by the size and reconstruction efforts in this project as presented, but there is a potential for a newly rebuilt clubhouse to increase parking needs, which must be addressed pursuant to a special condition of this approval. 5) It was decided by the enactment of this Code in January 1989, and subsequent amendments thereto, that this type of use is authorized after appropriate reviews. 6) Under Section 100-263 the Board also finds and determines: Special Exception Page 7 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 A. The use has existed and has not prevented the orderly and reasonable use of adjacent .properties or of properties in adjacent use districts. B. The use will not prevent the orderly and reasonable use of permitted or legally established uses in this district, or of permitted or legally establiShed uses in adjacent use districts. C. The safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the golf-club use and its location, which use and location have existed for many years except as provided in (4) above. 7) The use is in harmony with and promotes the general purposes and intent of this chapter. 8) The use is 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. 9) All proposed structures, equipment and material will be readily accessible for fire and police protection. 7) Section 100-264: After considering all testimony and documentation furnished at the public hearings held September 11, 1997, October 23, 1997, December t 1, 1997, January 15, 1998 and February 26, 1998, and after having personally viewed the premises in question, having knowledge of the property's zoning, status, and knowledge of the character and uses in the surrounding areas, the Board also determines following as regards the proposed use: A. That the long standing existence of the use establishes that the character of the use is compatible with the district. B. That it will not hinder the conservation of property values and the encouragement of the most appropriate uses of land. C. That additional areas for parking are required as part of this approval, in addition to the on-site parking offered by applicant in this reconstruction project. Presently there is only a handicapped parking space available on-site and temporary parking area on a separate privately-owned parcel (Husband Family lot) in the vicinity'. The location of additional parking area and modified entrances and exits as per fire and safety codes, will provide better public safety. D. That there is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent Special Exception Page 8 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. E. That the use or the materials incidental thereto or produced thereby will not give off obnoxious gases, odor~, smoke or soot. F. That the use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. That the continuing operations in pursuance of the present uses will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if the parking conditions are complied with under this special exception. H. That the necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use is not adequate and appropriate, and this Board determines that the applicant can seek additional areas for adequate parking, by written agreement, ownership, or other methods, for parking near or adjacent to this club property, and this determination has been conditioned upon meeting this provision of the Code. I. That safety hazards to life, limb or proPerty will be reduced with the proposed reconstruction and full compliance with the current Building Fire Codes of the State of New York, and fire, flood, erosion or panic would not 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. That the use or the structures to be used therefore will not cause an overcrowding of land or undue concentration of population if there is compliance of this Board's Conditions for additional parking, as required under Section 100-191H of the Code. K. That the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation, however, the plot area for any future expansion thereof is not adequate and appropriate due to setback nonconformities of the building and parking areas proposed by applicant. L. That the golf club-house use is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. That the site of the proposed use is particularly suitable for such use because the same use and overall footprint, with the exception of approximately 300 sq. ft., has existed since about 1929. Special Exception Page 9 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 N. That adequate buffer yards and screening will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use, as determined by authority of the Planning Board under the site plan approval procedures of the Code. O. That adequate provisions have been made will continue to be made for the collection and disposal of stormwater runoff, sewage, refuse and 'other liquid, solid or gaseous waste which the proposed use may generate, and also as determined by authority of the Planning Board under the site plan approval procedures of the Code. P. That the natural characteristics of the site are such that the use has existed 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. With respect to Sections 100-31B(7), subsections (a) through (d), the Zoning Board grants a variance as provided for in a separate resolution, and makes the following determinations: The total lot area covered by principal and accessory buildings is less than 20% of total acreage: The principal use requested herein wilt continue, once the building is reconstructed and issued a new Certificate of Occupancy, as a nonprofit golf club facility and shall not be conducted for profit as a business enterprise. The existing nine-hole golf course will continue and remain unchanged ("as is"). · The size of the land upon which this use will occupy will be at least 37.3 acres. The setback of the new, reconstructed principal building is shown on the maps submitted by applicant to be three feet from the street, front property line. The parking area is shown to be less than 100 feet from the property lines, and in fact is shown to be along the front property line and within a side yard area of the subject premises. · The loading area, when used, will also be less than 100 feet from the street. VI. RESOLUTION/SPECIAL EXCEPTION: On motion by Member Homing, seconded by Member Collins, it was Special Exception Page 10 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 RESOLVED, to GRANT the Special Exception requested under Appl. No. 4503 SUBJECT TO THE FOLLOWING CONDITIONS: 1) The golf club use may continue in the existing structure with no change in the parking arrangements. As a prerequisite to the issuance of any building permit for reconstruction of the Golf Club-House, the Hay Harbor Club shall establish at least twenty one (21) permanent parking spaces on Hay Harbor Club property at the Golf Club-House location, such spaces to be situated in accordance with the ruling of the Planning Board in the normal site review process. Alternatively, Hay Harbor Club may satisfy this requirementt by entering into a lease or leases with one or more private property owners, with a term of at least ten (10) years, giving Hay Harbor Club the use of at least twenty (21) parking spaces within convenient walking distance of the Golf Club-House. 2) The use is subject to site plan review and approval by the Southold Planning Board. VOTE OF THE BOARD: AYES: Members Goehringer, Tortora, Homing, and Collins. 'NAY: Member Dinizio (objected to condition regarding additional parking). THIS RESOLUTION WAS DULY ~~~~~ ~~~~~ J~oehringer, Chairman Approved for Filing APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 VARIANCE FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF APRIL 16, 1998 Application No. 4514 for Variances APPLICANT: HAY HARBOR CLUB~ INC. PARCEL: 1000-9-12-8.1 STREET & LOCALITY: Oriental Avenue, Fishers Island, NY. DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. I. REQUESTS MADE BY APPLICANT: Applicant, Hay Harbor Club, Inc. is requesting the following: Area Variances to Article III, Section 100-3 lB(7) of the Code of the Town of Southold, for: 1) Permission to DEMOLISH a preexisting golf clubhouse with a non- conforming front yard setback presently at one foot and nonconforming side yard setback at 32 feet, and to RECONSTRUCT the building with a front yard depth of three f~et, instead of the required 100 feet, and with a side yard depth of 23 feet instead of the required 50 feet; and 2) Permission to EXPAND an existing two vehicle on-site parking area in order to add one handicap space with ramp; and to CREATE a parking area 45 feet long by 20 ft. wide in the front yard/side yard parallel to the street line instead of the code requirement of 100 feet from a street line or 50 feet from a lot line; and Vari-ance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 B. Interpretation and/or Area Variance under Article XXIV, Section 100-243 and Article III, Section 100-3 lC, that the two existing employee apartments in the golf club- .house are a permissible accessory use to the Hay Harbor Club and its facilities; and that the four proposed new bedrooms, to be occupied by senior employees on a seasonal basis, are accessory residential uses customary to the operations of golf club facilities. This request will be addressed in a separate decision. II. EXISTING PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Zone District, being situate on the southerly side of Heathulie Avenue, Fishers [slandl The entire parcel Consists of a total lot area of approximately 44.5 acres as shown on the County Tax Map and Town Assessment Records, however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler~ Palmer & King and site plan map dated July 1997 indicates the property is 37.3 acres. The subject premises is improved with an existing nine-hole golf course, as one of the oldest golf courses in the Country. Also at the premises is a non-profit Golf Club-House building, which is used seasonally. The Golf Club-House was constructed in 1929 in a small triangular section at the northwest corner of the 37.3-acre parcel. It is set back one foot from Heathulie Avenue and is tucked into a steeply sloping, wooded hill with adjacent homes elevated approximately 30 feet above grade. The remaining part of the property consists of the nine-hole golf course, with the exception of the south side which is wetlands that extends to the Sound. The area is primarily residential in nature. The total floor area of the Golf Club-House building contains 5012 sq. ft. of which 2812 sq. ft. is the existing first-floor and footprint area limited to a 51 ft. by 56 ft. area. The entire 5012 sq. ft. principal building has been utilized for activities related exclusively to the non-profit membership golf club and its staff and employees at this site. The existing setbacks of the building have been confirmed by surveyor's letter dated February 24, 1998 at distances of one foot from the front property line and 32 feet from the closest northerly side property line. Also, an improved area exists for two vehicles in the front yard/side yard parallel to the street line. III. CODE PROVISION/BASIS OF APPLICATIONS: Chapter 100, "Zoning" under Article III, Section 100-3 lB(7), which reads as follows: Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals for the following: Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area Covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. (d) No such use shall occupy a lot with an area of less than three (3) acres. Section 100-12 (Definitions) of the Zoning Code provides: MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT. A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and its guests and shall not be extended to the general public. Article III, Section 100-3 lC provides as follows: "...Accessory uses, limited to the: following uses and subject to the conditions listed at 100-33 herein: ...(1) any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter .... " IV. FINDINGS OF FACT: The Zoning Board held a public hearing on this matter on September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998 at which time written and oral evidence was presented. Based on all testimony, documentation, personal observations of members of the Board and other relevant evidence, the Zoning Board finds the following facts to be true and relevant: Varim~ce Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 1 . Applicant proposes a new reconstructed Golf Club-House building with a 56 ft. by 56 ft. footprint that closely overlaps the existing 51 ft. by 56 ft. footprint. The proposed plan shows replacement of the existing Golf Club-House within most of the same (existing) footprint area with the following modifications noted: The proposed building would contain a total floor area of 6272 sq. ft. the existing building contains a total floor area of 5012 sq. ft. The applicant's architect has verified that the total floor area would be increased by 1130 square feet. The proposed building would be slightly shifted and straightened to provide a three foot front yard setback instead of the existing one foot setback; and the side yard setback would be decreased from 32 feet to 23 feet, at its closest points, alii in accordance with the site plan dated February 24, 1998 prepared by Chandler, Palmer & King, and confirmed by surveyor's letter dated February 24, 1998. The proposed 56 ft. by 56 ft. building would square offan approximate 8 ft. by 1© ft. (80 square ft.) bite in the north corner of the existing building, and a graded 3 ft. to 4 ft. by 56 ft. strip (200 sq. ft. max.) would be added to the north side of the building. d. The total increase in footprint is approximately 300 square feet. e. The square footage for each of the two proposed floor areas is approximately three-thousand one-hundred thirty-six (3,136) square feet. 2. The club membership for both this Golf Club-House building, and the Main Building approximately a mile away, is presently 410 and has been capped at 440 members. 3. The Golf Club-House building is in a deteriorated state. It has suffered from flooding problems, leaks, inadequate and/or unsafe wiring, inadequate fire escapes, and the foundation has been described as "unstable and at risk." The building does not conform to the New York State Fire Prevention and Building Code or to the Handicap Accessibility' Codes. 4. Applicant's architect has testified that the 300 sq. fr. increase in the footprint is required to conform to provisions of the Federal Handicap Access statute and to the New York State Fire and Building Codes. It is a de minims change that does not increase the degree of nonconformity. 5. The use of the Golf Club-House will not be intensified. The two existing apartments Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 have been occupied on a seasonal basis by either the golf pro, cook and their families as well as other employees of Hay Harbor Club, Inc. for at least 22 years (many years), and probably longer. The proposed four new bedrooms will not contain cooking facilities, and are for single occupancy use by senior staff only, on a seasonal basis from May'30th to September 1st. Two of the three on-site parking spaces will be specifically designated for the two apartments. 6. The applicant has Offered to accept conditions that the four employees will park their vehicles at the Main Club Building approximately a mile away, during the daily operations of the subject Golf Club-House building; that the four bedrooms and two apartments will only be used by senior staff employees of the Hay Harbor Club for seasonal occupancy; that the apartments and bedrooms will not be rented; that no occupancy will occur from October 1'~t to May 30th. The Building Department by its Director of Code Enforcement has calculated a requirement of 213 parking spaces based upon Section 100-191 of the Zoning Code for this project. Applicant has not provided adequate on-site (or off-site parking areas), and the Board has requested a written lease or other authorization from the landowner (presently the Husband Family) for off-site parking upon the Husband lot and upon other property near Fox Avenue about a mile away. During this process, the Board has asked for adequate parking plan for the safety, health, and welfare of the community at large. Applicant has not offered an any legal agreements or legal documents for additional parking, or intent to acquire long-term authorization for an additional 21 parking spaces in the area. Applicant asserts that the parking has not been refused for the past 20 years on private land presently of Husband, and therefore the applicants do not feel an agreement for permanent parking is necessary. There has been no record of applicant's ability to provide additional land for club parking. The applicant has not as of today filed a complete site plan for reviews as to parking, landscaping buffers, and other site elements, which are under the jurisdiction of the; Planning Board, and has not submitted an additional parking plan which is required to be adequate and safe, and therefore this project does not meet the requirements of Section 100-19IH. Since additional parking is required by code and the new 1,000 sq. ft. on-site parking area is the only permanent parking plan offered by applicant, this Board is requiring compliance with conditions incorporated into this determination (before issuance of a building permit for a new building). Because of the similarity in variances requested for the existing setbacks and the setbacks for the proposed alterations, the findings for these variances have been combined into a single set. Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 .IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN TOWN LAW SECTION 267-b-3 'AREA VARIANCES,' THE BOARD OF APPEALS HAS CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCES ARE GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, THE BOARD HAS CONSIDERED THE FOLLOWING FACTORS AND DETERMINES THAT: 1. Grant of the area variances for the Golf Club-House building will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The "Golf Club-House' building has existed in its present location for 71 years in harmony with the resldentiat character of the neighborhood. The proPosed 56 ft. by 56 ft. new building will be retain the architectural style of the Fisher Island "Hay Harbor cottage design", and will be similar in size and design to many homes on the Island. The proposed new "Golf Club-House" building will be an improvement to the community, and its safety, because it would replace a deteriorated structure that does not meet Federal and State building codes. 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than area variances. The Golf Club-House was constructed in 1929 in a small northwest corner section of the property, directly adjacent to the nine-- hole golf course that was established in 1880. It is bounded on the south by the putting green, to the east by the first tee, to the west by Heathulie Avenue, to the north and northeast was by a steep hill. The remainder of the property consists of the golf course and wetlands. If the proposed new building were to be relocated to comply with the code's setback requirement, it'would necessitate the loss of the putting green, which applicants have testified would cost $200,000 to replace. However, there is no other land upon which to relocate the putting green, and its loss would be a detriment to the historic and cultural Values of the community. The $200,000 additional costs is not justified because the existing location of the building has not had an adverse impact on the environment, surrounding properties or neighborhood for 71 years. The benefit to the applicant of a new improved, safe structure with proper drainage can only benefit the Community as well. 3. The requested variances are substantial. A. Applicant's request for a front yard setback of three feet instead of the required 100 foot minimum required represents a 97% reduction. The requested side yard setback Var~ance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 of 23 feet instead of the required 50 feet represents a 43% reduction. However, the net increase in the established setbacks of the existing footprint of the building are a de minims change that does not increase the degree of nonconformity. B. The variance for parking is a reduction from the code requirement of 213 parking spaces to 21 parking spaces. This represents approximately 98% relief from the. requirement. 4. The difficulty has not been self created because the Golf Club-House was constructed in 1929, prior to zoning. Any improvements to the' structure, whether it be an alteration, an addition, or reconstruction, are strictly confined by the physical and topographical constraints of the site. There are no other feasible sites on the property to relocate the new proposed building. 5. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood . The proposed new building will have French drains to prevent roof runoff, a new foundation and retaining wall to prevent flooding, a new double stairwell for fire access, an up to standard electrical system, and numerous other features that will improve the safety and environmental conditions of the existing substandard building. The improvements will in turn have a positive impact on the neighborhood. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community Therefore the Zoning Board permits variations from the required setbacks. The setback variances are necessary to obtain special exception approval for the existing structure, pursuant to Section 100-3 l(B)(7), and are hereby granted. The variances for the proposed alteration of the structure are also granted as described above. NOW, THEREFORE, on Motion by Member Homing, seconded by yariance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 Members Dinizio and' Collins, it. was RESOLVED, to GRANT the Variances noted above, subject to the Conditions rendered under Special Exception No. 4503. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, TORTORA, HORNING, and COLLINS. (Member Dinizio abstained from voting.) THIS RESOLUTION WAS DULY ADOPTED (4-0, with o0e-at~tention.) / ~~ e_. ~.m~. ~P. CHmMAN .--' Approved for Filing 4/19/98