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HomeMy WebLinkAboutZBA-03/19/1997~\~' APPEALS'B OARD MEMBERS 'Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann 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 WEDNESDAY, MARCH 19, 1997 A Regular Meeting of the Southold Town Board of Appeals was held on WEDNESDAY~ MARCH 19~ 1997 commencing at 6:45 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Jr., Member James Dinizio, Jr. Member Lydia A. Tortora, Member Linda F. Kowalski, Board Secretary (New Member Maureen Ostermann was appointed Last Night 3/18 was absent. ) Also in attendance were: Councilwomen Ruth Oliva and Alice Hussie, and approximately 90-100 persons in the audience. Chairman Goehringer called the meeting to order at 6:45 p.m. and welcomed everyone. The first order of business is noted as Agenda Item I (Public Hearing): 6:47 p.m. Appl. No. 4446SE BELL-ATLANTIC-.NYNEX, as Tenant (MARK AND MARYBESS PHILLIPS, Owners). Location of Property: 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 Page 2 - Minutes Southold Town Board of Appeals March 19, 1997 ZBA Meeting equipment shelter communications facility, and use of a single, wireless tower for public utility communications (cellular telephone transmission). Extensive testimony was again received. Appearing in behalf of the applicants were Howard Pachman and Matthew Pachman, Attorneys with the Law Firm Pachman & Pachman, and others. Opposing were 23 nearby residents from Orient, most of who spoke. (See list of names on the sign-up sheet made a part of the file.) Also see written transcript of verbatim testimony prepared under separate cover and also made a part of the file. At the end of the tonight's discussions, motion was made by Chairman Goehringer, seconded by Member Doyen, to RECESS (continue) the hearing until the last bearing on THURSDAY, APRIL 24, 1997. VOTE OF THE BOARD: AYES: and Tortora. NAY: Member Dinizio. adopted (3-1). Members Goehringer, Doyen This resolution was duly NEW FILES: Daly and Walker. The Chairman indicated they will be reviewed this weekend. The following RESOLUTION was then ADOPTED: On motion by Chairman Goehringer, seconded by Member Dini~.io, it was RESOLVED, to ADVERTISE the following matters for public hearings to be held APRIL 10, 1997: Matthew Daly, Peter Walker, C. Talbot, L. Surer, Kourkemoulis, G. Sacks. VOTE OF THE BOARD: AYES: All (4-0). This resolution was duly ADOPTED. ASNESS. RESOLUTION to ADVERTISE for 4/24. On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to confirm the Applications of BARRY ASNESS, RAYMOND FEDYNAK, and NYNEX, for the April 24, 1997 Regular Meeting. VOTE OF THE BOARD: Ayes (4-0). This resolution was duly ADOPTED. Page 3 - Minutes ~ Southold Town Board of Appeals March 19, 1997 ZBA Meeting AGENDA ITEM #III-C. RESOLUTION ADOPTED: On motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried, it was RESOLVED, to confirm the list of new dates of Regular Meetings for the remaining Caiendar Year 1997 as follows: PLACE: in the Meeting HaH (also known as court room). TIME: 6:45 p.m. THURS, MARCH 13, 1997 - Regular Meeting with Hearings WED., MARCH 19, 1997 - Speciai Meeting with Hearing(s) THURS., APRIL 10 THURS., APRIL 24 WED., MAY 7 MON., MAY 19 (due to conflict with other dept. meetings) THURS., JUNE 5 THURS., JUNE 19 THURS., JULY 10 THURS. , JULY 24 THURS., AUGUST 14 THURS., AUGUST 28 THURS., SEPTEMBER 11 THURS., SEPTEMBER 25 THURS., OCTOBER 9 THURS., OCTOBER 23 THURS, NOVEMBER 13 (Thanksgiving is 27th) THURS., DECEMBER 11 (Christmas is THURS., DEC 25). VOTE OF THE BOARD: AYES: duIy ADOPTED. All (4-0). This resohition was AGENDA ITEM III-D: Chairman Goehringer confirmed April 2nd at 7 p.m. as the next evening work session to discuss procedures with board members. Page 4 - Minutes ~ Southold Town Board of Appeals March 19, 1997 ZBA Meeting BRIEF DISCUSSION: Board Member Assignments. Questions were answered by Chairman. LEGAL CONSULTATION: The Chairman confirmed a time of 5 p.m. on April 3, 1997 for consultation with the Town Attorney under attorney-client privileges. AGENDA ITEM V: The Chairman confirmed session for March 26, 1997 at 7 p.m. and representative. Member J. Dinizio agreed to attend. Code Committee asked for a DELIBERATIONS/DECISIONS: following Applications: Attached are copies relative to the Appl. #4401 - David DeFriest Appl. #4455 - John Harrison Appl. #4462 - Vivien and Peter Soo Appl. #4453 - Edward Halpert. Paga SLMinu~s March 19, APPEALS BOARD MEMBERS · Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora '~97 - ZBA BOARD OF APPEALS TOWN OF SOUTHOLD Southotd Town Hail 53095 Main Road P.O. Box 1179 Southold, blew York 11971 Fax (516) 765-1823 Telephone (516) 765:1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH 19, 1997 Appl. #4401-DAVID DEFRIEST (Tenant); PARCEL ]000-45-3-2 PROPERTY: 73265 Main Road, Greenport, Town of Southold, NY DATES OF PUBLIC HEARINGS: 1) July 24, 1996; 2) October 17, 1996; 3) Nov. 14, 1996, 4) Feb. 6, 1997; 5) Feb. 25, 1997. FINDINGS OF FACT RELIEF REQUESTED: (1) The applicant has applied for permission to "conduct auto rental business" hi conjunction ~Adth other rental uses and occupancies at the premises; (2) Applicant is requesting approval for use of the "frame building with canopy" as an office for the rental of automobiles, and (3) Applicant is requesting use of the pavement area near the front canopy as the "outdoor display and advertisement of automobiles for rent." DESCRIPTION OF APPLICATION TO BUILDING INSPECTOR: By building permit application dated May 21, 1996, applicant, as tenant (under a written lease dated March 14, 1996); applied to the building inspector for permission to change existing use of premises from mixed use "office/residence" to an intended use as an "auto rental business." An Action disapproving the May 21, 1996 building permit application was issued on June 3, 1996 by the Building Inspector. ACTION OF THE BUILDING INSPECTOR: By Notice of Disapproval dated June 3, 1996, the Building Inspector disapproved the applicant's request, and returned the same, on the request for a npermit to open ... conduct auto rental business" on a .portion of premises identified as 73265 Main Road, Greenport, New York. The grounds for the disapproval are written as follows: "...Under Article VIII, Section 100-8lA, proposed automobile rentals is not a permitted use in the Limited (LB) Business District. Action required by the Zoning Board of Appeals or the Town Board. Action also required by Planning Board .... " CODE PROVISION APPEALED: Under the Limited Business Zone Use Provisions of the Code, Article VIII, Section 100-8lA, provides for the following as permitted uses: ... A. Permitted uses. (1) Any permitted use as set forth in and regulated Page 6 - Appl. #4401 1000-45-3-2 (DeFriest Use Varim~ce) Meeting held March 19, 1997 by Sec. 100-3lA of the Agricultural-Conservation. (100-31A of A-C includes one-family dwellings, agricultUral operations.~ buildings and structures owned by towns, school districts, park districts, fire district. (2) (3) The (a) fotldwing uses... Retail business ..- limited to the following .... (1) Antique, art and craft shops and galleries, (2) custom workshops and machine shops, (3) wholesale or retail sale ...and display of garden materials and plants..., (4) Libraries or museums, (b) Professional and business offices, (c) Funeral homes, (d) Restaurants, except drive-ins, (e) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies, (f) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical Shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (g} Wholesale and warehousing, (h) Retail uses supplemental to the service business establishment, (i) Wineries, Bed and Breakfast uses. PROPERTY FACTS: Property is located in an LB Limited Business Zone District. The lot is situated on the northerly side of State Route 25 (a/k/a Main Road) 147.43 ft. road frontage. The lot consists of an area of five acres and is improved with the following buildings and uses (also, see map drawing date-stamped March 4, 1997 for consideration): a) The site contains 5.12 acres with 147.43 ft. frontage along the Main Road, State Route 25, Greenport. b) The site is improved with a concrete block building of a size 40 ft. wide by 60 ft. deed, a frame building with canopy, and a small 11.4 ft. wide by 21.4 ft. accessory building i~ the rear yard. c) An area exists, for outdoor display of six to eight automobiles which are to be [eased or rented by applicant, situate within the front yard area, at the f~ont of the frame building. Page 7~ - Appl. #4401'~ 1000-45-3-2 (DeFriest Use Variance) Meeting held March 19, 1997 NOTABLE TESTIMONY RECEIVED AT HEARING AND CONSIDERED BY THE ZONING BOARD OF APPEALS: The record includes the following information: A) During 1979, ownership of the premises was transferred from "Cataldo" to "Moritz." B) Prior to June t, 1979, the premises was used as a service station (cement block building) and accessory repair shop as evidenced by the Certificate of Occupancy issued June 1, 1979 under #Z9543 to Fred Cataldo and others. C) For two years, or more, years after June 1, 1979, the status of the uses a~ the property changed as noted below: 1) In 1981, the property was rented, and a prospective tenant applied for a Special Exception to use portion of premises as an automobile repair shop. That applicant, for reasons unknown, did no~ open his business; however, the frame building with canopy (subject building) was used as a dwelling (ref: 2/4/1983 variance issued to Joseph Gnozzo, contract vendees for use of the premises for dwelling occupancy.) In April 1983, J. Gnozzo purchased the entire 5.12 acres. 2) Applicant states that in 1988 the cement block building was used as a "glass business" selling replacement glass for alt types of items and vehicles, and installing glass in vekicles. 3) Applicant also states that in 1995, Chesterfield Associates, contractors rebuilding the East Marion Causeway, leased a portion of the property for their office center, and stored their equipment and related items in the "cement block building." 4) Presently, the frame building is still used for single-family dwelling occupancy.- 5) a) Presently, the cement block building is used by tenant/third party, for storage of cars. No service business is established at the premises (services such as oil changes and the like). The tenant has two buildings, one in Coram and and the other in Middle Island, from which facilities cars are brought to Greenport at this site for storage area. b) Also, the record has been updated to show a flagging by the Town of wetlands 40 to 60 ft. north of present (third party) storage area. D) Applicant states that a lawn mower repair business operated at a portion of the premises, but no proof was submitted to show the dates. In reading the code, lawn mower repair business Page 8- Appl. #4401 1000-45-3-2 (DeFriest Use Variance) Meeting held March 19, 1997 use is not a prohibited use since it could fall under the Section 100-81A-(f) which provides for "repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and' bicycle a~d motorcycle shops, landscaping and other service businesses · E) The property has been recently used for rental and display of used automobiles, and this use was added to the site without site. plan approval and without a certificate of occupancy as an automobile rental business, which has prompted these requests. USE VARIANCE STANDARDS: In considering the relief requested, the majority of the Board Members present find and determine as follows: a) The applicant has failed to demonstrate that the property cannot realize a reasonable rate of re. turn, because although he presented testimony that a reasonable re~urn would be $$,233 net or $15,450 gross, he failed to present testimony showing that the property cannot realize that rate of return if rented with uses that are permitted by the Southold Town Zoning Code in the LB zone. Based upon the evidence, the Zo~i~ Board concludes that the wood frame house/office can be rented at $750.00 per month, plus $500 per month for car repair in the masonry building, for an amount of $15,480 per year, which is a reasonable rate of return. 'o) The applicant has claimed a hardship based upon the topography and upland area of the property, but has failed to establish that the hardship related to this parcel is unique since many contiguous and adjacent parcels have the same' ~opography, and the upland is calculated at one-half (1/2) acre, which can accommodate uses permitted in that zone; c) The applicant claims a hardship in that he has rented this property to a car-rental business, but the Zoning Board finds that this hardship was self-created, since review of the zoning code prior to rental would have revealed that car rental is not an allowed use in this zone. ON MOTION BY CHAIRMAN GOEHRINGER, SECONDED BY MEMBER DINIZIO, it was RESOLVED, to DENY this application for the reasons noted above. Vote of the Board: AYES: Members Doyen, Goehringer, D~zio, and Tor~ora. This resolution was unanimously adopted by Page 9 - Appl. #440i~_. 1000-45-3-2 (DeFriest Use Variance) Meeting held March 19, 1997 all the members present (4-0). (Member Ostermann appointed 3/19/97 was absent.) ~OEHRIN~ER, BHAII~M. hN .¥GE:~AaD ~. FOP, rm~'xc. 3119197/-- ,/' APPROVED . As an alternative, applicant may apply for 8 change of zone. Actions. zb/453-2 Page iO - Apo1. #~ i5 Request of John Ha~r~rison Decision Rendered March 19, 1997 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH 19, 1997 Appl. No. 4455 - JOHN HARRISON. PARCEL: 1000-70-5-36 (and 70-5-37 as remaining lot) STREET & LOCALITY: 1227 Pine Neck Road, Southold, NY DATE OF PUBLIC HEARING: March 13, 1997 FINDINGS OF FACT: RELIEF REQUESTED BY APPLICANT: Approval of Waiver under Section 100-26 of the Zoning Code for nonconforming lot identified as 1000-70-5-36, and as a separate lot and unmerged as of 1000-70-5-37. Applicant has confirmed that lot 1000-70-5-35 contains a minimum of 40,000 sq. ft. and is therefore not the subject of this waiver application. PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, situate along the northerly side of Pine Neck Road. The lot referred to as 1000-70-5-36 contains a total lot area of 22,466 sq. ft. and is improved with a one-story, single-family dwelling and accessory garage. The remaining lot portion (37) contains 15,311 sq. ft. and is vacant land (all as more particularly shown on July 19, 1994 survey map submitted for consideration and made a part of the file). BASIS OF APPEAL: Building Inspector's Action of Disapproval dated November 14, 1996, which reads as follows: "under Article II, Section 100-24A.(1) the lots in question SCTM $1000-70-5, Lots 35, 36 and 37 were created by deed prior to April 9, 1957, and under Section 100-25 the lots in question are nonconforming (for size being located in an R-40 Zone), and have merged because they have been held-in common ownership at some time after July l, 1983." REASONS FOR BOARD ACTION, DESCRIBED BELOW: * Each of the two lots were created by deed dated September 23, 1941 as to lot 37, and deed dated September 11, 1953 as to lot 36. * The requested waiver is confirmed to be the same original boundary lines as that shown in the original deeds. * County Maps were relied upon in 1976 for lot sizes, based upon deed descriptions filed with Suffolk County prior to that time, showing parcels separately. Page 11 - Appl. #445~ Request of JOHN HAR:/{ISON Decision Rendered March 19, 1997 * Lot 36 is improved with a single-family dwelling and a minimum of 850 sq. ft. of livable floor area. 1. The waiver will not result in a significant increase in the density of the neighborhood because there are at least eight (8) impro4ed lots in the immediate vicinity of the subject parcel which conform to The same size and square footage. 2. The waiver would recognize a lot that is consistent with the size of lots in this neighborhood. 3. The waiver wilt avoid economic hardship for the reasons testified by applicants and their attorney at the hearing, which reasons are hereby reiterated as if re-written in its entirety. 4. The natural details and character of the contours and slopes of the lot will not be sigufificantly changed or altered in any manner, and there wilt not be a substantial filling of land affecting nearby environmental or flood areas because the subject lot is level ground. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member D~nizio, it was RESOLVED, to GRANT this requested Waiver, for the reasons noted above. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio, and Tortora. This resolution ~vas unanimously adopted (4-0). GERAI~D P. GOEHRINGER, C,~AtRMAN Approved for Filing 3/19/97f Actions. zb / 70-5.37 ~pEe 12 - Mi. hutes March 19' !997 - ZBA ALS BOARD M3EMBERS . .- · Gerard P. Goehringer, Chairman Serg5 Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOU~7I-IOLD Southold Town Hall 53095 Main Road P.O. Box 1 t79 Southold, New York 11971 Fax (516) 765-1823 Telephone (5t6) 765- t 809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH 19, 1997 Appl. No. 4462 - VIVIEN and PETER SOO; PARCEL 1000-90-3-9. STREET & LOCALITY: 265 Cedar Point Drive, East, Southold, NY DATE OF PUBLIC HEARING: February 6, 1997 FINDINGS OF FACT RELIE a new by th diagra J. Fi1 the fr portio: 31+- setba¢ REQUESTED BY APPLICANT: AREA VARIANCE: To construct one-family dwelling with setbacks and building area as shown November 17, 1996 amended survey map, and highlighted ms received with transmittal letter March 6, 1996, furnished by zgerald in support of this application. Closest setbacks to onr property line are shown on an angle to be 16 ft. from the of attached garage (also, ref: design of house plan), and ."t. from the opposite end of the dwelling. The rear yard k meets the 35 ft. minimum rear yard requirement, The side yards also meet the minimum code requirements of 10 ft. and 15 ft. (more than 15 ft. is shown). BASIS OF APPEAL: January 15, 1997 Building Inspector's Action of Disapproval, which reads as follows: under Article XXIV, Section 100-~4, "proposed construction will' have insufficient front yard setback." CODE REQUIREMENT in front yard is 35 ft. (Note: There is no average of established front yard setbacks within 300 feet on the same block, same side of the street to use as an alternative at this time). PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the northerly side of Cedar Point Drive East with 142.42 ft. road frontage, and 94.32 ft. frontage along ordinary highwater mark of Stillwater Lake. It contains a total lot area of 15,576 sq. ft. and is unimproved vacant land (as more particularly shown on November 7, 1996 Amended survey map submitted for Consideration and made a part of the file January 29, 1997). Page l3- March 19, 1~: Re: 1000-90-3-9 (Soo) Southold Town Board of Appeals REASONS FOR BOARD ACTION~ DESCRIBED BEI,OW: (1) The gmanting of the area variance will not produce an undesirable change in character of neighborhood ora detriment to nearby properties because (2) the benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because of the substandard size of the property, its configuration, and the limited building area between the house and the ordinary high water mark. (3) the requested area variance is substantial in relation to the code requirements because of the size of the property. (4) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the building envelope is restricted to a specified area distant from the ordinary highwater mark, and precautions will be taken such as retention of water from gutters, drainage basins, buffers, etc. (ref: Town Trustees permit). (5) the situation has not been self-created because there have been multiple agency approvals which restrict the building envelope. RESOLUTION ! ACTION: On motion by Chairman Goehringer, seconded by Member Tortora , it was RESOLVED, to DENY the relief requested, and BE IT FURTHER RESOLVED, to GtLkNT ALTERNATIVE RELIEF as noted below: 1. Closest front yard setback shall be a minimum 20 feet. 2. Compliance with all environmental agency permits and conditions. 3. Hay bales shall be placed to protect the area between the construction activities and the land adjacent to the highwater mark. VOTE OF THE BOARD: AYES: Members Goehringer, Doyen, Dinizio, and Tortora. This resolution was unanimously adooted bv~ll the members present (4-0). . ..GERARD P. GOEHRINGER, CH~N ×/~ Appreved for Fil~ug 3/t9/97 Actions. zb / 90-3.9 Page Y4- M~flutes ~larch 19. APPEALS BOARD .MEMBERS ~ . Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH 19, 1997 Appl. No. 4453 - EDWARD HALPERT PARCEL ID: 1000-66-1-31 STREET & LOCALITY: 2125 Town Harbor Lane, Southold, NY DATES OF PUBLIC HEARING: February 6, 1997 and March 13, 1997 FINDINGS OF FACT REIJEF REQUESTED BY APPLICANT: To increase by 378 sq. ft. over existing living area in accessory building, and rearrange use of floor area for a total square footage for living area of 858 sq. ft., within existing footprint of building and continue use as a guest unit with kitchen facility. PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate at the end of Town Harbor Lane, along the east side. It contains a total tot area of 1.45+- acres and is improved with the following: (a) one-story single-family dwelling with screened-in porch, all situated at the northerly one-half of the premises; (b) accessory garage building located in the rear yard, (c) accessory beach cabana building, (d) brick barbecue, steps to the beach and bulkhead along the southerly side property line forward of the memn high water mark (all as more particularly shown on map-dated 12/16/96 submitted for consideration, and amended and made a parr of the file under date of February 24, 1997). BASIS OF APPEAL: November 18, 1996 Building Inspector's Action of Disapproval, which reads as follows: "...under Article XXIV, Section 100-241A & C, buildings containing non-conforming uses (pree~]atiug, accessory garage with guest room & bath) cannot be enlarged, altered or enlarged - under Article III, Section 100-30A.2 same as Article III, Section 100-31A(1) - the permitted use cannot exceed one, one-family dwelling on each lot. Proposed construction is a non-conforming building (rear yard set back) containing a non-conforming use. Property construction shows a living area of 1200 more or less square feet conforming in size to a one-family dwelling unit .... ". (Ref: map drawing submitted for consideration February 24, 1997). Page 15- March 19, lk~ Re: 1000-66-1-31 (Halpert) Southold Town Board of Appeals REASONS FOR BOARD ACTION: * Existing living area has received a Pre-C.O. $Z-20606 issued March 23, 1992, which was clarified by Building Inspector Gary Fish by letter stamped March 5, 1997. * The use of this building as a living unit has been shown to be directly family-related and incidental to the main residence of this family in the main building, and not as a separate use or a separate rental. * The use of this building has been shown to be continuously used in a seasonal manner, or periodically during the season from April through October, by non-paying family members only. * With respect to the existing footprint of this building, the applicant has agreed to alter the floor area and re-locate the living unit with kitchen from the second floor area, to the first floor areas. The upper area of this building will be modified with an open ceiling rather than a second story as shown on the plan submitted and considered at the March 13, 1997 hearing. The new proposed extended area is very limited as conditioned by the board's resolution noted below. * The use of this accessory building is confirmed to be a continuation of the same use (pursuant to 100-241C) as evidenced by the Pre-Certificate of Occupancy ~Z-20606, clarified by the Building Inspector's letter date-stamped March 5, 1997, and evidenced in the testimony received by applicant and his agent. BOARD RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RE~SOLVED, to DENY the relief as requested for an increase of living floor area from 378 sq. ft. to 858. sq. ft. of total living area, however, BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF noted below: 1. Total floor area of living unit in this accessory building, including the newly extended area where the shed is presently located, shall not exceed the size of 780 square feet. 2. The occupancy shall be only by a non-paying family member or guest of the resident-family of the premises, and shall be seasonal, from April through October. 3. Use of the building shall be limited to non-paying family members or the main dwelling's resident-family guest(s). Page 16 - March 19, l~jf Re: 1000-66,1-31 (Halpert) Southold Town Board of Appeals 4. The accessory building shall not be rented or leased as a separate ~hnit, and shall continue to remain accessory and incidental to the main building. 5. No further expansion of living area shah be permitted. 6. This decision is conditioned on the removal of the second-story kitchen ~nd sleeping quarters (living unit) and moved to the first story of tkis seasonal unit. 7. The right to inspect this seasonal unit as to the above conditions shall be reserved to the ZBA Chairperson and one other ZBA member, prior to the issuance of a new Certificate of Occupancy by the Southold Town Building Inspector for this building, VOTE OF THE BOARD: AYES: Members Goehringer~ Doyen~ Dinizio, and Tortora. This resolution was unanimously adopted by all the /GERARD P. GOEHRIN~ER, / /'" CHAIRMAN Approved for filing 3/19/97 Actions. zb/66-1.31 Page t? - Minutes Southold Town Board of Appeals March 19, 1997 ZBA Meeting There being no other business matters properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 10:00 p.m. Respectfully submitted, //~/ ~Kowaiski RECEIVED AND FILED BY THE SOUTHOLD TOtVN CLERK DATE ~/~ ~/¢~ I~IOUR o~ la o P~