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Home My WebLink AboutZBA-01/16/1997APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio. Jr. Robert 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, January 16, 1997 6:30 6:55 p.m. Informal work session and review of pending files. No formal action was taken at this session. 6:55 p.m. A Regular Meeting of the Southold Town Board of Appeals was held at the Meeting Hall at Southold Town Hall, 53095 Main Road, Southold, NY 11971, on January 16, 1997, commencing at 6:55 p.m. The meeting was attended by over one hundred persons. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Member Lydia A. Tortora, Member Robert A. Villa, Member James Dinizio, Member (Arrived at 7:22 P.M.) Linda Kowalski, Board Assistant (Present till approx 10:00) Patricia Conklin, Clerk PUBLIC HEARING: The Chairman read the legal notice and application for each application at the beginning of each hearing, at the times specified. 6:55 - 7:02 p.m. Appl. No. 4443 ROBERT COLLINS. This is a request for a Variance under Article III-A, Section 100-30A.4, based upon the July 25, 1996 Action of Disapproval by the Building Inspector, for the location of an "as built" accessory (shed) building, a portion of which is located in the front yard (with the remaining portion in a designated rear yard.) This is a corner lot, and the applicant may designate one yard (other than a front yard) to be a rear yard and the other a side yard. Property Location: 7925 North Bayview Road, Southold, NY; County Parcel i1000-79-4-65. Mr. Collins appeared on behalf of his application and responded to the Board's questions regarding the "as built" shed. There was no response from the audience either for or against this application. Board reserved decision until hearings ended; see attached decision. 7:02 - 7:08 p.m. - Apr1. No. 4447 - MARTY and NOREEN FREY. This is a request for a Special Exception under Article III, Section 100-30A.2B and 100-31B(14a-d) of the Zoning Code, for a new Accessory Bed and Breakfast Use, providing for 'the transient renting of one bedroom with breakfast in this application, in conjunction with the single-family residency of the Page 2 - Minutes Regular Meeting of January 16, 1997 Southold Town Board of Appeals owner-applicant at 3395 Skunk Lane, Cutchogue, NY; County Parcel #1000-97-9-11.1. Zone: R-40 Residential. Marty and Noreen Frey appeared on behalf of their application. Mrs. Frey addressed the Board regarding her application. Mr. Frey responded to Board questions regarding the parking facility. No one spoke in oppostion to the application. Appl. 14447 FINDINGS AND DETERMINATION 1/16/97 APPLICANTS: MARTY and NOREEN FREY. LOCATION OF PROPERTY: Single-family dwelling built prior to April 1957 situated on aopro~mately one-third acre at 3395 Sk~mk La., Cutcbogue, NY COUNTY TAX MAP DISTRICT 1000, SECTION 97, BLOCK 9, LOT 11.1. R-40 Residential Zone District. (Also, see Certificate of Nonconforming Premises for a single-family dwelling, Certificate #Z-7439 dated 12/30/76 issued to Michael & Joan Reddington). BASIS OF REQUEST: Article III ~ Section 100-30A. 2B and 100-3IB(14a-d), Zonln?, Code as amended 2-7-95 by Local Law #3-1995 which provides for an allowance up to three bedroom.~ for rental as an Accessory Bed and Brp~kfast, subordinate and incidental to the principal single-family dwelling use, for lod~ng and serving of breakfast to not more than six (6) casual, transient roomers. DESCRIPTION OF REQUEST: Special E~.ception permit for Accessory Bed and Breakfast Use, subordinate and in,dental to the applicants' single-family residence (principal use), requesiing rental by owner-resident of one bed room (instead of three rooms) for temporary, transient lodging with breakfast, limited to a maximum, of two (2) casual and transient roomers in accordance with conditions (a), (b), (c) and (d) as per Section 100-31B (14). MOTION MADE BY: R. Villa SECONDED BY: G. Goehringer ACTION]RESOLUTION ADOPTED: Granted with the condition that there be no backing out of vehicles onto the road, that there be one parking space provided for the B & B near the garage as proposed, and subject to complinnce at all times with current Section 100-31B(14) subsections (a) through (d), ~nd other laws ~nd rogulationg applicable to this accessory use. Applicants have agreed to issue patrons an information pamphlet describing the above restrictions. REASONS/FINDINGS:Standards under Section 100-263 & 100-264 have been considered, and met in the issuance of this Special Exception; proof has been submitted for the record to show intended compliance with zoning cede (see file and hearing record). VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted :4 -0. Correction to show member Dinizio not present durin§ this vote. Pa~e 3 - Minu~es Regular Meeting of January 16, 1997 Southold Town Board of Appeals 7:08 7:18 p.m.- Appl. No. 4445 - MARY TANGNEY. This is a request for a Variance based upon the March 20, 1996 Action of Disapproval by the Building Inspector, as per Article III, Section 100-32 for the proposed insufficient lot area in the proposed' set-off of lot situated along a private right-of-way extending from Little Neck Road, Cutchogue; County Parcel $1000-103-5-2.1. The parcel as exists contains 143,020 sq. ft. of land area. Proposed are two lots, one of 40,191 sq. ft. and the other 102,820+-sq. ft. in this R-80 Residential Zone District. Mr. and Mrs. Tangney appeared on behalf of Mary Tangney's application. Mr. Peter Danowski, Esq. spoke as a neighbor, in favor of the Tangney application. The Chairman and Board stated and explained that the application requires further work. The Tangney's are required to request a Subdivision application from the Planning Board. The Chairman made a motion to recess until no specific date, R. Villa seconded. The resolution was adopted. 7:18 8:00 p.m. Appl. 4449 - SCOTT PATCHELL, Contract Vendee. (Owner, SAMUEL KIRSCHMAN). This is an application based upon the applicant's request for a building permit, and the Action of Disapproval of the Building Inspector dated November 20, 1996, for Variances: (a) under Article XXIII, Section 100-239.4B for permission to locate new dwelling, a portion of which will be located within 75 feet of the existing bulkhead, and (b) under Article XXIV, Section 100-244 for insufficient side yard etbacks. Sideyards are required to be 10 ft. and 15 ft., for a total of 25 feet for both yards. Location of Property: 1075 West Hill Road, Southold, NY; County Tax Map Parcel $1000-70-4-24. Numerous neighbors spoke against the application. See written transcript of verbatim statements prepared under separate cover and attached for reference. Also see findings and determination after hearings ended. A Recess was taken. 8:30 11:35 p.m. Appl. No. 4446SE BELL-ATLANTIC-NYNEX, as Tenant (MARK AND MARYBESS PHILLIPS, Owners). Location of ~roperty: A certain portion of farmland identified as 24850 Main Road, Orient, NY; Zone District: R-80 Residential and Agricultural; County Parcel #1000-18-6-5 which contains a total acreage of 10.5+- acres. Applicant, as future Tenant, is requesting: a) a Variance under Article III, Section 100-31, Bulk Schedule, pertaining to a proposed wireless cellular telephone facility tower over a height of the required 35 ft. for a principal use, or over 18 ft. if the same is requested as an accessory use (main use at this property is known to be agriculture); and b) a Special Exception under Article III, Section 100-31B(6) for permission to construct 12 ft. x 40 ft. unmanned modular equipment shelter communications facility, and use of a single, wireless tower for public utility communications (cellular telephone transmission). Howard Pachman and Matthew Pachman Esq., the respresentatives on behalf of NYNEX, presented the NYNEX application. Several speakers attended. See written transcript of hearing. The Chairman made a motion to recess with a new date of March 6th. The attorney for NYNEX will send the Board a letter to extend that time since March 6th was not available for them. Member J. Dinizio seconded, and the resolution carried. The resolution was adopted. 11:35 - End of tonight's Hearings. Page 4 Minutes Regular Meeting of January 16, Sou%hold Town Board Of Appeals 1997 Deliberations/Decisions- Carryover - Appl. $4~2 ACTION OF THE BOA/{D OF APPEALS DATE OF ACTION: 1/1S197 APPLICANT:Cost"-~ & M-fy CavirLs LOCATION OF PROPERT~f: Cenl~at Drive, Mattituck (Va¢-nt Lot)(File map of Capf-~ Kidd Estates LotS126 and Lot $t31). COUNTY TAX MAP DISTRICT 1000, SECTION !06 BLOCK 2, LOT 35&40 BASIS OF REQUEST: House i~proved lot purchased 12/~6/82 Conti~uous lot purchased. 7/17/85. Applicant is asking for lots to be ,~nmergecL. (Lot size is 12,000 Sq. Ft.) Findings of Proper~lf Facts: Created hi 1948 (Cap~n Kidd Estates) Town Bo~d Appro~; ~er~r ~ effect s~ pur~e by cur~n~ o~er 7/17/8S, L985t, p.~53; 2~o refe~n~ deed 12/82, L9300, p.313. Reasons of Denial: 1. Applicant made no attempt to place vs~t merged lot in separate ownership ~s did prior owners (Nartens)- 2. in 1985 az the drne the appl/~--ts purchased the ,,~{mproved(vac2~t FHe map lot $12~) it was not a btzitdable lot under the Zoning Code. 3. Common ownership of both lots has existed for twelve years. 4. Applicant did not demonstq~ate economic hardship in ~h~s case. 5. Elevation and contours are severe and potential flooding could result in water d~ma~e to exis~g home (Applicsnds Home)' on file map $131. MOTION MADE BY: G. Goehringer :SECONDED BY: L. Tortora ACTION/RESOLUTION ADOPTED: Denied VOTE OF T~rE BOARD: Ayes: Serge J. Doyen, Rober~ A. Villa, Ly~a A. ToFtora, Gersxd P. Goehrin~r. Nay: J, mes t)~n~o, Jr. T~ resedit/oil Adopted: Denied. Motion ~-~,-rled (4-1) Page~ Minutes Regular Meeting of January 16, 1997 Southold Town Board 0£ Appeals Appl. #4443 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 1/16/97 APPLICANT: Robert Collins LOCATION OF PROPERTY: 7925 North Bay-view Road, Southold COUNTY TAX MAP DISTRICT 1000, SECTION 79, BLOCK 4,LOT 65 Findings of Property Facts: Lot 63 at Harbor Lights, purchased 4/1/87, L10293, p.579. BASIS OF APPEAL: Notice of Disapproval ~ssued by Building Inspector 7/25/96 under Article IliA, Section 100-SOA.4, accessory structures shall be located in the rear yard. RELIEF REQUESTED: To locate an "as built" acceasoN/ building, (12'x12' storage building) five feet from easterly property tine, a portion of which is located in the front yard. Sketch of shed submitted by appi{cant on survey map prepared by R. Van Tuyl P.C.- 7/23/84, rev/sed 12/26/84, revised' 4/18/85 indicates shed is set back .83' from North Bayvisw Road in the front ya~d. MOTION MADE BY': S. Doyen ACTION/RESOLUTION ADOPTED: utilities. SECONDED BY: G. Goehringer Granted "as built", with electric CONDITIONS: Granted, with the condition that applicant plant 3' to 5' evergreens approximately 3' apart the entire 12' lend-th of the easterly side of, the storaSe building, Should the accessory storage shed be p~oposed to be enlarged or reconstructed, it must be relocated.to conform with current code or the code in effect at the t~me. Reasons: 1. The amount of relief requested is not substantial. 2. There w/Il not be an undesiz~ble change in the character of the neighborhood if property is pz~perly buffered from surrounding properties. 3. Building exists. 4. The difficulty was self-created. ~ 5. Property contains two front yards with a limited av-iIable rear yard VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa, Ly~ti- A. Tortora, Gerard P. Goehringer. Abst-ined: J. Di,~izio (not present for thi~ portion of hearing). This resolution ~do~ted, (4-0). Page 6 Minutes Regular Meeting of January 16, 1997 Southeld Town Board Of Appeals Appl. #4449 ACTION OF TW2. BOARD OF APPEALS DATE OF ACTION: 01/16197 APPLICANT: Scot~ Patcheil LOCATION OF PROPERTY: 1075 West R~m Koad, Southold COUNTY T.~'f MAP DISTRICT 1000, SECTION 70,BLOCK 4, LOT 24 BASIS OF ACTION: Article ,EX]II, Section I00-239.4B and .Art/c!e XXIV, Section 100.-244 of the Zoning Code for proposal to locate'deck.a portion of which will be ~4_fbin 75 feet of setback and /nsufficient side · yard setback~. I~F. LIEF REQUESTED: Var/snce for sideyards and less than 75 feet from bul]chead for new dwe~Hn~ (proposed deck). MOTION MADE BY: J. 'Dinlzio SECONDED BY: B. Villa ACTION/RESOLUTION ADOPTED: Denied, without prejudice. REASONS/FINDINGS: I. Bnl3~head setback relief requested is substantial (approx. 19%). 2. Benefit sought, by the applicant Mn be achieved without the variaIlces. '$. Sufficient land area is ava/lable. 4. Alleged difficuli7 is self-created. Appli.c~lt can relocate new dweUinC closer to the road so as to permit enjoyable use of the property and at the same time be in,conformance w/tk the code. ~7OTE OF THE BOARD: Ayes: Ser~e ;~. Doyen, Robert A. V/I/a, -Lydia A. Tortora, Gerami P. resolution was ~n.n{mo~s[y adopted 5-0. -- Page 7; - ~{nutes Regular Meeting of January 16, 1997 Southold Town Board of Appeals 12:00 a.m. -12:05 RESOLUTION FOR NEW HEARING: Appl. of LILCO Variance and Special Exception (await response from Fire District regarding draft emergency l~lan on file). Member J. Dinizio motioned lo re-open the application with no specified date in order to obtain and discuss at a loublic hearing a better emergency plan. Member R. Villa seconded. Vote of the Board: all ayes. Resolution was unanimously adopted. There bein~ no other business coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 12:20 a.m. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~/;//~/7 HOUR ~/: ~ 7 Town Clerk, Tov~ o~ Southold ~atricia Conklin 2/10/97