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Home My WebLink AboutZBA-04/17/1997 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio. Jr. Lydia A. Tortora Maureon C. Ostormann 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 SPECIAL MEETING THURSDAY, APRIL 17, 1997 7:00 p.m. Chairman Goehringer called the meeting to order. A Special 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 17~ 1997 commencing at 7:00 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Maureen C. Ostermann, Member Linda Kowalski, ZBA Secretary Absent was: Serge J. Doyen Jr. (excused). AGENDA ITEM I-A. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to CONFIRM for advertising and notice purposes, the following PUBLIC IIEARINGS for APRIL 24, 1997 commencing at 6:15 p.m. with the last hearing to begin approximately 9:35 for a possible conelusign of the LILCO hearing (written and verbal submissions). 6:15 p.m. Appl. No. 4464 - TOMIS AND KATHY KOURKOUMELIS. Request for a Variance under Article XXIV, Section 100-239.4, based upon the January 31, 1997 Action of Disapproval issued by the Buildlng Inspector, for permission to locate swimmingpool with fence enclosure set back at less than the required 100 ft. setback from the top of the bank or bluff along the Long Island Sound. Location of Property: 54775 C.R. 48, Greenport; Parcel No. 1000-44-1-2. 6:20 p.m. Appl. No. 4466 - PETER WALKER. This is a request for a variance based upon the March 11, 1997 Notice of Disapproval issued by the Building Inspector for permission to locate a large portion of accessory tennis court structure in an area other than the required rear yard, Article XXIII, Section 100-231A. Location of Property: 375 Page 2 - Minutes ~ ~ Southold Town Board of Appeals Special Meeting of April 17, 1997 Pine Tree Court, Cutchogue, NY; Parcel 1000-98-1-7.17, containing a lot size of 79,135 sq. ft. 6:25 p.m. Appl. No. 4467 - CAROLINE TALBOT. This is a request for a variance based upon the March 4, 1997 Notice of Disapproval issued by the Building Inspector for permission to construct an accessory storage building in a front yard area, at premises located at Fox Avenue, Fishers Island, NY; Parcel 1000-9-1-27, containing a lot size of 18,500+- sq. ft. 6:30 p.m. Appl. #4410 - GARY SACKS and ALAN SCHLE~INGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel; Parcel #1000-145-4-7. 6:35 p.m. Appl. #4468 - MATTHEW AND LAURIE DALY. This is a request for a variance based upon the March 17, 1997 Notice of Disapproval issued by the Building Inspector, for a building permit to construct new inground pool, which disapprovai is based "...under Article III, Section 100-33, accessory buildings, structures and uses shall be located in the required rear yard .... " Location of Property: 2505 Deep Hole Drive, Mattituck; Parcel 1000-115-14-12, containing a lot size of 22,500 sq. ft. 6:45 p.m. Appl. No. 4465 - BARRY AND CAROL ASNESS. This is a variance based upon the March 5, 1997 Building Inspector's Action of Disapproval under Article XXIIII, Section 100-239.4A (1), to locate swimmingpool with deck areas within 100 ft. of the Long Island Sound bluff or bank, at premises known as 2879 Ruth Road Extension, Mattituck, NY; Parcel #1000-105-2-2.1. 6:55 p.m. Appl. No. 4469 RAYMOND FEDYNAK concerning property located along Fay Court (private road), Mattituck, NY. Applicant is requesting: a) a Waiver under Article II, Section 100-26 based upon Action of Disapproval by the Building Inspector under Article II, Section 100-25A which states "...Lot 1000-123-5-15 and 1000-123-5-16 have merged as they have been held in common ownership at some time since July 1, 1983. Both lots were created by deed prior to April 9, 1957 and meet the requirements of 100-24A(1). 1000-123-5-15 consists of 7500+- sq. ft., and 1000-123-5-16 consists of 15,000+- sq. ft. of land area; and/or b) As an alternative, area variances under Article III-A, Section 100-30A.3 (Bulk Schedule) for each Parcel No. 1000-123-5-15 and 1000-123-5-16 as separate lots in this R-40 Residential Zone District, which Zone District requires 40,000 sq. ft. of lot area, 150 ft. lot width, and 175 ft. lot depth. 7:15 p.m. Appl. #4463 - L. SUTER d/b/a BLUEWATER SEAFOOD. The applicant is requesting the following: Page 3 - Minutes -- Southold Town Board of Appeals Special Meeting of April 17, 1997 (a) Variance relief based upon the' January 6, 1997 Action of Disapproval issued by the Bnilding Inspector, which states that a "permit to construct metal frame with canvass roof (addition) to existing retail fish market is disapproved on the following grounds: Under Article XXIV, Section 100-244B, proposed addition to existing retail fish market with accessory seasonal single service utensil seating, proposed construction is on a nonconforming lot located in the B General Business District, has insufficient side yard of . .. less than the required 10 feet. Action required by the Zoning Board; action also required by the Planning Board..."; and (b) Variance relief under Article XIX, Section 100-191 "Off Street Parking Areas" for permission to utilize additionsl_ accessory open parking spaces within 200 ft. walking distance of the subject lot identified as Parcel 1000-122-3-7 (Surer), located upon adjoining property identified as Parcel 1000-122-3-6 ( now or formerly of Bagshaw). This proposed additional parking area is located at the rear portion of the Bagshaw parcel that is zoned R-40 Residential, and is accessible to serve the immediately adjacent HB business uses. The remaining portion of the Bagshaw property (as well as the Surer parcel) is zoned "B" General Business. Street Address of Property: 11400 and 11500 Route 25 (a/k/a Main Road), Mattituck, NY; County Parcels identified as 1000-122-3-7 and 6. 7: 20 p.m. (or as soon thereafter as is BELL-ATLANTIC/NYNEX. Carryover from March 19, 1997. located at Main Road, Orient, NY. 1000-18-6-5. possible): Property 9:35 p.m. Appl. #4429SE and 4430, by LILCO, as Contract Vendee, concerning premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, and also known as Lot #2 consisting of 35,798 sr. 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. VOTE OF THE BOARD: AYES: Members Dinizio, Tortora, Ostermann and Gochringer. This resolution was duly adopted (4-0). Member Doyen was absent and excused. Page 4 - Minutes ~ Southold Town Board of Appeals Special Meeting of April 17, 1997 AGENDA ITEM I-B. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to CONFIRM for advertising and notice purposes, the following PUBLIC HEARINGS for MAY 7, 1997 commencing at approximately 6: 45 p. m: Appl. No. 4472 - RICHARD BOARDMAN. This is a variance application based upon three Actions of Disapproval: (a) dated March i2, 1997 to construct an alteration and additions which Disapproval states "...Under Article XXIV, Section 100-244B proposed construction will have insufficient side yard setback ...minimum is 10 ft. and a combination of 25 ft. total side yard setbacks are required. *Note: any further expansion of dwelling or accessory footprints may exceed 20% maximum lot coverage; and (b) Amendment dated March 31, 1997 to construct an alteration, addition and accessory garage which states "...Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20%. New construction will exceed lot coverage by 223 sq. ft. relating to approximately 22.25% lot coverage; and (c). Amendment/Supplemental Notice of Disapproval dated April 14, ]997 to construct an alteration, addition and accessory garage which states: " .... Under Article [IIA, 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20% based on cover letter explaining reduction of amount of lot coverage by 102 sf. from 223 to 121 sf. because of removal of back porch 6' x 17' .... " Location of Property: 690 Village Lane, Orient; Parcel ID 1000-25-1-13. This parcel consists of a size of 9625+- sr.; R-40 Zone. Appl. No. 4471 LAWRENCE and LINDA WARREN. This is a variance application based upon the March 10, 1997 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct a fence 6 ft. in height in the front yard, and the application was disapproved on the following grounds: "...When located in front yard of residential zones, a fence shall not exceed four feet in height. Article XXIII, 100-231 .... " Location of Property: 24380 Main Road, Cutchogue, NY; Parcel ID 1000-109-3-2.41 (Country Club Estates). Appl. ~4470 - WILBUR OSLER. This is a variance application based upon the March 10, 1997 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct additions to existing dwelling, and the application was disapproved on the following grounds: "...Under Article XXIV, Section 100-244B proposed construction will not have sufficient side yard setback. Page 5 - Minutes ~/ Southold Town Board of Appeals Special Meeting of April 17, 1997 A fifteen-ft, side setback is required. *Note: existing deck addition adjacent to proposed dwelling addition does not have any building permit or C.O. on record. Building Dept. will issue order to remedy .... " Location of Property: 8070 Peconic Bay Boulevard, Laurel; Parcel ID 1000-126-11-17. This parcel consists of approximately 32,000+- sq. ft. with 99.58 ft. road frontage. Zone: R-40 Residential. Appl. No. 4473 - SYLVIA M. DALEY. This is a request by the owner to establish Accessory Bed and Breakfast Use in conjunction with her residence, as authorized by Special Exception for the rental of three rooms for temporary, transient lodging with breakfast, limited to a maximum of six (6) casual and transient roomers in accordance with conditions (a), (b), (c) and (d) as per Section 100-31B(14). Location of Property: 8985 Main Road, East Marion, NY; Parcel ID 1000-31-3-17. Appl. No. 4474 - SUZANNE CAMERON SCHUTZ. This is a vaance request based upon the March 14, 1997 Action of Disapproval by the Building Inspector, whereby an application for a permit was made to construct an inground swimming pool, and disapproved on the following grounds: "...The proposed pool is in the side yard. In an R-120 Zone, Accessory buildings and structures or other accessory uses shall be located in the required rear yard. Article III, 100-33, or in the case of a waterfront parcel, accessory buildings or structures may be located in the front yard provided that such buildings and structures meet the front yard setback requirements as set forth by this code, Article 100-33C. In this case 60 ft...this lot is approximately 101,930 sq. ft .... " Location of Property: Middle Farms, Fishers Island, NY; Parcel ID 1000-8-1-2. Appl. No. 4492 - RAYMOND FEDYNAK. Appl. - BARRY AND CAROL ASNESS. Appl. - LILCO Special Exception and fence height Variance. VOTE OF THE BOARD: AYES: Members Dinizio, Tortora, Ostermann, and Goehringer. (Member Doyen was absent.) This resolution was duly adopted (4-0). AGENDA ITEM II. DISCUSSION ITEMS: A. OPINION: Board Members considered a recent Memorandum from Building Inspector regarding Professional Studio under Permitted Uses, Section 100-91A-9 (HB Regulation) which reads as follows: "personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies" (emphasis added). After considerable research and careful consideration, it is the opinion of the board members present that a reply be sent, to the Building Page 6 - Minutes ---' Southold Town Board of Appeals Special Meeting of April 17, 1997 Inspector, indicating that a proposed professional "Personal-Training" Studio would qualify under "professional studio" (specifically included in the Zoning Code under Section 100-191A-9) with the single activity's size and limitations. The prospective tenant in this situation, we understand, would be a patron using the-store front at the Handy Pantry site limited to the existing floor area with a store-front, and limited to activities with one-to-one personal training. The tenant would not be permitted to expand into other activities. Therefore, in this instance, a professional studio would include a personal-training studio as noted above as an opinion in response to the Building Inspector's inquiry of April 4, 1997. REMAINING AGENDA ITEMS B-E: B. The Members reviewed and discussed new applications filed since 4/9 for inspections. An upated list of these new assigned files was provided for each member's office mailboxes. ) C. Other informal brief updates from Chairman for discussion. D. B&B Inspection was confirmed for April 26th 9:15-9:30 a.m. at the East Marion residence of Sylvia Daly. (May 3rd was also an alternative date available. ) E. Code Committee session for board members confirmed for Wednesday, April 23rd at 7 p.m. Committee's agenda items were listed as: site plan waivers, merger law, telecommunication towers. The next meeting of the board was confirmed to be April 24, 1997. The Chairman declared the meeting adjourned. Respectfully submitted, ~-, / ~"//L...-~ THE SOU~HOLD TO~¥~ CLEP~K / Resolution 6//~/97 - / ' ' //Gerard P. Goehringer, Chairman D~T~ ~/~/~ ~[[OUt~ c~!eyo P~f