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HomeMy WebLinkAboutZBA-03/13/1997AP]~EALS D ME RS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio. Jr. Rober~ A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING THURSDAY, MARCH 13~ 1997 A Regular Meeting of the Southold Town Board of Appeals was made on THURSDAY, MARCH 13, 1997 commencing at 6:45 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present wero: Gerard P. Goehringer, Chairman Serge Doyen, Jr., Member James Dinizio, Jr. Member Robert A. Villa, Member Lydia A. Tortora, Member Linda F. Kowalski, Board Secretary Also in attendance were: Councilwomen Alice Hussie, and approximately 40 persons in the audience. Chairman Goehringer called the meeting to order at 6:45 p.m. and welcomed everyone. The Chairman confirmed that he has now added one item to tonight's agenda, which was a carryover regarding the John Harrison application for straw vote, or deliberations and possible decision, and asked that it be noted. The board proceeded to Agenda Item I, as follows: PUBLIC HEARINGS: The following public hearings were held, for which written Transcripts of Hearings of all verbatim statements are being prepared. 'Unless otherwise noted below, a resolution was adopted at the end of each hearing closing (concluding) further communications, in anticipation of deliberations and a determination, all as required by town law. 6:48 p.m. Appl. #4459 - ANTItONY AND LUCY STRAUSSNER. A Waiver is requested for two undersized lots, which waiver is based on the Nov. 15, 1996 Action of Disapproval by Building Inspector due to lot merger after 1983. The lots show creation by deed and conformity in size when first created (ref: Building Inspector's notations). Location of Lands: 335 Main St. and 1045 Wilmarth Avenue, Greenport. R-40 Zone. 1000-34-1-16 as one lot, and 1000-41-1-10 & ll as the other lot. Abigail A. Wickham, Esq. Page 2 - Minutes v Regular Meeting of March 13, 1997 Southold Town Board of Appeals appeared in behalf of the applicants and explained the Life Estate status of the property. (Please see verbatim transcript of hearing statements, prepared separately.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Villa, to CLOSE the hearing, pending deliberations and decision at a later time. VOTE OF THE BOARD: AYES: Ail. This resolution was unanimously ADOPTED. PUBLIC HEARING (S), continued: 7:02 p.m. Appl. #4462 - VIVIEN and PETER SOO. A variance is requested for a reduced front yard setback for proposed new dwelling, based on the January 15, 1997 Action of Disapprovai issued by the Building Inspector. Location of Property: 265 Cedar Point Drive East, Southold. Required front yard: to be determined based on those established within 300 feet, same block, same side of street, or bulk schedule minimum of 35 ft. front, 35 ft. rear, 10 ft. .and 15 ft. sides, pertaining to this lot size of 15,576+- square feet. County Parcel No. 1000-90-3-9. (Note: Setbacks from the water are determined by Town Trustees and NYS DEC, when no bulkhead or wall exists.) Proper-T Services, Inc. appeared in behalf of the applicant. Both Mr. and Mrs. Soo were present but did not speak. Appearing in opposition were Mr. and Mrs. Alex Williams, neighbors. Mr. Fred Adler, present owner of the subject property, appeared in support of the application. (Please see verbatim transcript of hearing statements, prepared separately.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Doyen, to close the hearing. VOTE OF THE BOARD: AYES: All. This resolution was unanimously adopted. PUBLIC HEARINGS, continued: 7:25 - 7:43 p.m. Continued Public Hearing: Appl. No. 4452 - CHRISTINA RIVERA: based upon the new, corrected map submitted 3112197. (Please see verbatim transcript of hearing statements, prepared separately;) Mr. and Mrs. Rivera appeared in behalf of their application. P. Moore, appeared as attorney for Mr. Schindler, property owner to the west. Chairman Goehringer during the hearing discussed the result of an appointment he and another board member had on Saturday, March 8, 1997 for conformity iii the building areas. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Diuizio, and duly carried, to CLOSE the hearing, pending deliberations and decision later. This resolution was unanimously adopted. 7:43 - 7:55 p.m. Appl. No. 4453 - EDWARD AND EVELYN HALPERT. (Public Hearing carryover from 2/6/97). Request for ~ P~ge 3 - Minutes -- Regular Meeting of March ]3, ]997 Southold Town Board of Appeals Variance to alter and/or expand nonconforming building which has contained a nonconforming guest or living unit, separate and accessory to the main dwelling. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+- acres. Architect Robert Brown of Fairweather-Brown appeared with the applicant, Mr. Halpert. After discussions, motion was made by Chairman Goehringer, seconded by Member Dinizio, to close the hearing, pending deliberations and a decision at a later time. VOTE: Ayes: All. This resolution was unanimously adopted. PUBLIC HEARINGS, continued: 7:55 p.m. Continued Public Hearing (Reopened): Appl. Nos. 4429SE and 4430, by LILCO, as Contract Vendee. Both applications apply to premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, further identified as Lot #2 consisting of 35,798 sf. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) Appl. No. 4429SE - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. Appearing were Michael English, Esq. of Hicksville as attorney, Mr. Robert Hoag, and several other LILCO representatives. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to CLOSE the hearing. Vote of the Board: Ayes: Members Doyen, Goehringer, Dinizio, Villa and Tortora. RESOLUTION ADOPTED. NOTE: Immediately upon voting on the above resointion, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to RESCIND the above resolution to close the hearing. Vote of the Board: Ayes: Members Doyen, Goehringer, Dinizio, Villa, and Tortora. RESOLUTION ADOPTED. The purpose of rescinding the above resolution was to continue with statements, now raised by Mr. J. Hickey, an abutting property owner, who wished to speak without objection by LILCO representatives, who also participated in further discussions. (Please see lengthy verbatim transcript of all statements, prepared under separate cover.) At the end of all discussions regarding the applications by LILCO, at 8:30 p.m., Motion was made by Chairman Goehringer, seconded by · P~ge 4 - Minates Regular Meeting of March 13, 1997 Soutbold Town Board of Apl)eals Member Villa, and duly carried, to RECESS the hearing for approximately 20 minutes (reconvening immediately after the next hearing). Vote of the Board: Ayes: All. RESOLUTION ADOPTED. PUBLIC IIEARINGS, continued: 8:30 p.m. Continued Public IIearing from 2/6/97 and from 2/25/97: Matter of Appl. #4458 North Shore Yacht Sales by MICHAEL IIUGIIES. This is a request for a special exception under Article X, Section 100-101B-12 for new and used boat sales use at 11500 Main Road, Mattituck, NY; Parcel #1000-122-3-6. Zone District: B Business. (Site Owner: Iiarvey Bagshaw). Appearing were ltarvey Arnoff, Esq. in behalf of Michael Hughes, Eric Bressler, Esq. in behalf of llarvey Bagshaw (owner), and Richard Ehlera, Esq. in behalf of Lawrence Suter (abutting owner to the west), and Michael Ilughes (prospective tenant). (Please see verbatim trans- cript of all statements, prepared separately.) The hearing ended at approximately 8:55 p.m. Motion was made by Chairman Goehringer, seconded by Members Villa and Terrors, to close the hearing record. Vote of the Board: Ayes: All. RESOLUTION ADOPTED. PUBLIC tIEARINGS, continued: 8:55 p.m. LILCO hearing, continued and reconvened at this time. Attorney English confirmed they would need more time to attempt to answer the questions raised by Mr. llickey relative to the N.Y.S. D.E.C., and other concerns. Member Dinizio requested that the applicant give a letter stating the concerns that Mr. Hickey raised and how they would be addressed by the applicant. Attorney English agreed. At the end of discussions, motion was made by Chairman Goehringer, seconded by Member Villa, to RECESS this hearing until the evening meeting of Thursday, April 10, 1997. Vote of the Board: Ayes: All. RESOLUTION ADOPTED. (End of Public llearings). DELIBERATIONS/DECISION: Application of CtlRISTINE RIVERA. Assigned Mcmbcr Villa did not have a draft prepared for a suggestion on board action, however, the Chairman indicated that the members should commence deliberations without it, now if possible, in light of thc lengthy hearing time in finalizing Mrs. Rivera's application. Copies of the proposed Findings and Property Facts were furnished to all members as assigned to the Board Secretary. Board Members proceeded with deliberations as suggested by thc Chairman. During deliberations, which were Page 5 - Minutes ~ Regular Meeting of March 13, 1997 Southold Town Board of Appeals extended, Mrs. Rivera had concerns that a decision might be delayed and the time to get to this point was very lengthy. After further deliberations, a determination was rendered, as noted below. The question was raised as to whether the Chairman should sign the decision the next day as adopted. Member Villa objected. For record purposes, a question of procedure was raised as to how it would be authorized for signature and a timely filing within five days of the meeting, distribution to involved parties present, and to the town agencies). Members Dinizio and Doyen had no objection in that the Chairman is authorized to sign it, as it was adopted at this moment, because the decision has been voted upon in a particular manner and duly adopted. The record reflects what was decided in everyone's notes and the tape recording. The Chairman said he would submit the final draft, re-typed, for other board members to read as soon as possible, so that Mrs. Rivers would not be delayed. The Action, as adopted, is noted as follows: FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH 13, 1997 Appl. No. 4452 - CHRISTINE RIVERA PARCEL 1000-99-1-16 STREET & LOCALITY: 250 Sound Beach Drive, along along the westerly side of Inlet Drive, Mattituck, NY DATES OF PUBLIC HEARINGS: Feb. 6, 1997, Feb. 25, 1997, and March 13, 1997. RELIEF REQUESTED BY APPLICANT: AREA VARIANCE. On December 17, 1996 original request was to construct new dwelling addition and alteration; however, recent amendment of ZBA application as per survey dated March 11, 1997 applicant is requesting the location of new dwelling construction (rather than only an addition and alteration) due to recent advice she has obtained from Building Inspector(s) required Flood Management Laws for construction over 50% of value for this flood zone. This new dwelling construction is proposed at the minimum required 15 ft. sideyard from the westerly property line, and proposed 34.5 ft. front yard setback from the edge of steps to Sound Beach Road, and 34 feet from Inlet Drive (a dead end street). PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the westerly side of Inlet Drive, and the northerly side of Sound Beach Drive, with frontage of 157.33 feet along a tie line along mean highwater mark of the Long Island Sound (Dec. 21, 1996). The size of the total lot area of this parcel is shown to be 39,996 on the March 11, 1997 survey, and is presently improved with a one-story ranch dweliing (single-family). BASIS OF APPEAL: January 14, 1997 Building Inspector's Action of Disapproval, which reads as follows: under Article III-A, Section 100-30A.3, ...proposed construction will have insufficient front P~age 6 - Minutes ~ ~ Regular Meeting of March 13, 1997 Southold Town Board of Appeals yard setback for an R-40 Zone. With revised survey showing total property area as 39,996 sq. ft., 40 ft. setback is required .... " REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. The granting of the area variance wilt not produce an undesirable change in character of neighborhood or a detriment to nearby properties because: a) Flood Management (FEMA) Law requires further elevation of dwelling and size of house will create a "tunnel" effect; b) if applicant were required to meet code setbacks, the alternate would be to construct closer towards the Long Island Sound (flood area), which is also not desirable to adjoining property; c) alternative would establish a different "line of vision"; d) all the same reasons given by applicant at the public hearings are hereby reiterated as if re-written in its entirety; e) this is the first dwelling which is required to be elevated at a height (ff 9 ft. from ground (and 10'5" first floor elev.), with reconstruction value over 50% of the existing house; f) as a corner lot, the easterly yard is deemed by the town zoning provisions to be a front yard rather than a side yard, when this would be defined side yard on an interior lot. g) the impact is minimized by the grant of alternative relief. 2. Board Member(s) find that the relief as alternatively granted is not substantial because houses in the area have similar setbacks (the house across the street has a 20 ft. front yard). 3. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: a) the new construction is an upgrade over the existing construction under the FEMA (flood law) regulations. b) setbacks on the westerly side are increased from 15 ft. to 20 ft.; c) to the east is acreage owned by operated by the Park District which buffers the subject property and the setbacks; d) not to grant otherwise could have extended the house closer towards the high water mark; 4. A majority of the board members find that the practical difficulties are self-created. 5. This is the minimum variance necessary under the circumstances, and the health, safety, and welfare of the community will not be adversely affected by this location, is built in accordance with all laws and as alternatively granted herein. RESOLUTION]ACTION: On motion by Chairman Goehringer, seconded P~ge 7 - Minutes Regular Meeting of March 13, 1997 Southold Town Board of Appeals by Member Dinizio, it was RESOLVED, TO GRANT the following alternative relief: 1. Minimum setback from Inlet Drive shall be 29 feet to the property line; 2. Minimum setback from the westerly property line shall be 20 ft. which is the R-40 Setback requirement for lots 40,000 sq. ft. and over. 3. Minimum setback for proposed steps area from Sound Beach Drive shall be 34'5", as requested. 4. Any mechanical systems or structures shall be located on the easterly side of the house (or underneath). VOTE OF THE BOARD: AYES: Members Goehringer, Doyen, Dinizio, Villa and Tortor~. This resolution was duly adopted (unanimous). 10:05 p.m. DELIBERATIONS/DECISIONS, continued: ANTHONY AND LUCY STRAUSSNER: 1000-41-1-10 & 11 combined. 1000-34-1-16, and A~signed Member Tortora read her portion of the assigned draft as a proposal and recommended board action. The board members were in agreement, and took the following action, and the Chairman was authorized to sign the final on ZBA letterhead for filing and transmittal: FINDINGS, DELIBERATIONS AND DETERMINATION Appl. #4459 - ANTONE STRAUSSNER, JR. AND LUCY STRAUSSNER. PARCEL: 1000-41-]-10 & ll as one lot (1000-34-1-]6 as remaining lot) STREET & LOCALITY: 335 Main St., Greenport, NY DATE OF PUBLIC HEARING: March 13, 1997 FINDINGS OF FACT RELIEF REQUESTED BY APPLICANT: Approval of Waiver under Section 100- 26 for a single nonconforming lot identified 1000-41-1-10 and II (combined as one). as BASIS OF APPEAL: Building Inspector's Action of Disapproval dated November 15, 1996, which reads as follows: under Article II, Section 100-26, "under Article II, Section ]00-24A(1) the lots in question SCTM #1000-4]-1-]0 and 1], and 1000-34-]-]6 were created by deed recorded in the Suffolk County Clerk's Office before P~age 8 - Minutes ~ l Regular Meeting of March 13, 1997 Southold Town Board of Appeals June 30, 1983 and conform to the minimum lot requirements set forth in bulk schedule AA as of the Date of Lot Creation... Under Section 100-25A, the lots in question are located in R-40 Zone. Lots 1000-41-1-10 & 11 are nonconforming. Lot SCTM 34-1-16 is a conforming lot. These lots have merged as they have been held in common ownership at sometime since July 1, 1983." PROPERTY FACTS: Lot 1000-34-1-16 is improved with a single-family dwelling and substantially conforms with the 40,000 sq. ft. minimum lot size required for this R-40 District. Antone A. Straussner, Sr. and his wife, Lucy, conveyed this lot on March 14, 1970 to their son, Antone A. Straussner, Jr., subject to a life estate for both parcels. Antone Straussner, Sr. is deceased. Lucy Straussner is alive and holds a "Life Estate in the premises" according to the single and separate search presented in evidence to the Board of Appeals February 20, 1997. The adjoining lots, 1000-41-1-10 and 1000-41-1-11 are vacant and consist of .31 and .38 of an acre, respectively. When originally created in 1927, the two lots consisted of four lots, according to the filed Map of Washington Heights. Antone A. Straussner, Jr. has been the sole owner of record of Lot Nos. 10 & 11 since 1970. Because of the small size of each lot, he has requested by his agent that both lots be combined to create a total lot size of 29,573 sq. ft. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. The waiver will not result in a significant increase in the density of the neighborhood because the applicant seeks to reduce the degree of nonconformity of two substandard lots (10 & 11) by combining the two tots into one larger lot. No significant increase will occur from one single-family dwelling unit if the combined lot is improved. 2. The waiver would recognize a lot that is consistent with and exceeds the size of lots in the neighborhood. Combined lots l0 and 11 are considerably larger than most lots in the neighborhood. The improved lots on both sides of Wilmarth Avenue contain lot areas ranging from .13 of an acre to .43 of an acre. The northeast side of Main Street consists of two commercial properties, one improved with a gasoline station and numerous small lots to the south, east and north. 3. The waiver would recognize the exterior dimensions of previously created lot lines. 4. The [and will not require a change or alteration in contours or slopes, or substantial filling of land. ~ P~age 9 - Minutes ~ ~ Regular Meeting of March 13, I997 Southold Town Board of Appeals RESOLUTION/ACTION: On motion by Member TORTORA, seconded by Chairman GOEHRINGER, it was RESOLVED, to GRANT this requested Waiver, for the reasons noted above. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio, Villa, and Tortora. This resolution was duly adopted. DELIBERATIONS/DECISIONS, continued: VIVIEN AND PETER SOO. 1000-90-3-9. (Setback). The Board Members were polled informally and requested that a decision be draffed for review for denial as applied, but to grant with alternative relief, and carried over for adoption at the March 19, 1997 meeting with suggested reasons and recommended board action. No decision was adopted at this time. DELIBERATIONS/DECISIONS, continued: MICHAEL HUGHES d/b/a NORTH SHORE YACHT SALES. Assigned Member/Chairman Goehringer submitted copies of his assigned draft (as a proposal) with suggested reasons and recommended board action. The board members were in agreement, and took the following action: (Continued on next page) Page 10- Minutes~- Regular ~eeting of March 13, 1997 Southold Town Board of Appeals Appl. #4458 - MICHAEL HUGHES d/b/a NORTH SHORE YACHT SAT.ES PAi~CEL 1000-122-3-6 _ STREET & LOCALITY:Il500 Main Road, Mat%ituck, NY DATES OF PUBLIC HEARINGS: February 6, 1997 and March 13, 1997 BASIS AND REQUEST OF APPLICATION: Zoning Code, under Article X, Section lO0-101B-12 for Special F~xception approval specifically related to the applicant's occupancy of e~sting bnit~tings for the purpose of new-and-used-boat sales and related workshop areas. PROPERTY DESCRIPTION: This property is located in a B-General Business Zone District, being situate on the southeasterly side of State Route 25 (Mmin Road), with 134 ft. road frontage. It contains a total lot area of 1.375. acres and is improved with the fo]lowing: (ay corrugated metal bullding~ (by one-story stucco building to be used for boat storage and display in this application, (c) metal building to be used as a workshop, located in the rear of the build_hLgs (ay and (by. Parking and landscaping will be as stipulated by the Planning Board under the site plan regulations, or under any waiver that may be granted in the future. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) The zoning code provides for authorization of this particular use, and its accessory uses, in this B General Business District; 2) This requested use is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent uses: fish market to the west and gasoline station within 275 feet,' nearby boaz sales establishment to north, beverage store to east. 3) This Special Exception use will not prevent the orderly- and reasonable use of adjacent properties. 4) This use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts, because there is more th~n sufficien~ land area available. 5) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected, and it was decided by the enactment of this Code in January 1989, and earlier zoning for the B-1 areas, that this type of use shmH be authorized; 6) All units and site access areas shall con~nue to be open and fully accessible at all times for fire and police protection, as well as easement or right-of-way areas, and these buildings must conl~nue to meet all fire/builr~ng regulations. 7) no other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. ACTION/;RESOLUTION ADOPTED: On Motion by Member Dinizio, seconded by Member Villa, it was RESOLVED, TO GRANT WITH TI~E FOLLOWING CONIIITION: Site elements ab-II be determined under site pl,n re~dations in a waiver or other type of action as the Town Pl,nnin~ Board deems appropriate. VOTE OF THE BOARD: Ayes: Goehringer, Doyen, D~D{~{o, V~l]a -nd Tortora. Thi~ resolution was -nsn;mously adopted. - l~age 11 - Minutes Regular Meeting of March 13, 1997 Southold Town Board of Appeals DELIBERATIONS/DECISIONS, continued: EDWARD and EVELYN HALPERT. Assigned Member/Chairman Goehringer submitted copies of his assigned draft (as a proposal) with suggested reasons- and recommended board action. After some deliberating, an informal consensus (poll) was taken to obtain a quorum as to whether the draft proposal should be re-written, for reconsideration. An informal consensus (anticipated quorum) to authorize a carryover of this matter to the March 19, 1997, for deliberations and action. No action or formal vote was taken at this time. DELIBERATIONS / DECISIONS, continued: LILCO. Assigned Member Dinizio submitted copies of his assigned draft with the Findings and ProperW Facts inserted. This matter is a carryover until the March 19, 1997, for deliberations if the hearing is concluded on March 19th and if the members are prepared to adopt a resolution at that time, or thereafter as appropriate. No action or formal vote was taken at this time. * * AGENDA ITEM II-A, B. SEQRA: Motion was made by Chairman Goehringer, seconded by Member Tortora, to declare Type II Actions for Agenda Items A and B as listed below. Vote of the Board: Ayes: All. RESOLUTION ADOPTED. A. EDWARD and EVELYN HALPERT B. 1. ANTHONY AND LUCY STRAUSSNER. Existing lot lines are on the Type II list of projects. This is a request for waiver of lot created during 12,500 sq. ft. zoning, but merged after 1983 (ref: Notice of Disapproval). 2. VIVIEN AND PETER SOO. Setback variance. RESOLUTION ADOPTED. AGENDA ITEM III discussion). Dates of Work Sessions (no change and no l{age 12 - Minutes ~-' Regular Meeting of March 13, 1997 Southold Town Board of Appeals 11:15 p.m. DELIBERATIONS, continued: Application of JOHN HARRISON. An informal straw vote (consensus) was obtained regarding a draft to be reviewed and voted upon at the March 19, 1997 Regular Meeting. A draft of the Property Facts was furnished to each board member for their use at the next meeting also. No formal action was taken at this time. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 11:20 p.m. Respectfully submitted, alski, Secretary proved - Gerard P. Goehringer