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HomeMy WebLinkAboutZBA-12/11/1997APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Ly0ia A. Tortora George Homing Lo~a S, Co~t±ns 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-t809 MINUTES REGULAR MEETING THURSDAY, DECEMBER 11, 1997 7:20 p.m. The Chairman cared the meeting to order. 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, DECEMBER 11, 1997 commencing at ?: 20 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Homing, Member Lora S. Collins, Member Linda Kowaiski, Board Secretary Approximately 25 persons were in attendance at the beginning of the meeting. I. SEQRA: Type II Designation: Anne Mazzella. II. PUBLIC HEARINGS: The legal notice and reverse side of application were introduced into the record for each of the following applications. Unless otherwise noted, testimony was received and at the end of the hearing, motion was made by Chairman Goehringer, and duly carried, to conclude (close) the hearing, pending deliberations (later). 7:20 - 8:00 p.m. Appl. No. 4528. ANNE J. MAZZELLA. Based upon the Building Inspector's Notice of Disapproval issued August 20, 1997, applicant requests a Variance under Article III, Section 100-33 for approval of proposed location of accessory garage on this waterfront parcel. Front yard does not conform with 40 ft. setback requirement. Location of Property: 3895 Paradise Point Road, Southold, NY; Parcel #1000-81-1-8. Mrs. Mazzella appeared with Page 2 - Minutes Regular Meeting - December 11, 1997 Southold Town Board of Appeals her Builder, Steve Perricone. hearing for actual statements separate cover. ) (Please see written transcript of and discussions prepared under 8:00 - 10:15 p.m. Continuated Public Hearing: CLUB, INC. Applications, noted below: HAY HARBOR Apr1. #4503.gg- Special Exception under Article III, Sections 100-31B (7), subsections (a) through (d), to construct proposed new building for existing golf course and related golf uses. Appl. #4514.1t - This is an application based upon the July 22, 1997 Notice of Disapproval by the Building Inspector in which a permit to demolish and reconstruct a golf chibhouse and employee housing were disapproved on the following grounds: "...Being located in an R-120 District this non-conforming building with a non-conforming use, permitted only by Special Exception (under Section 100-31B) shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use, Article XXIV, Section 100-243A, .... "for appreval by Variance and/or Interpretation that golf club may have accessory employee housing. Location of Property: Fishers Island, Town of Southold, NY. Patricia Moore, Esq. and officers of the club attended the public hearing. (Please see written transcript of statements made during hearing. ) Patricia C. Moore, attorney for Hay Harbor Club, Inc. appeared with Sandy Essers, Architect, Dick Duggan and Chris DeBonaventura, officers, in behalf of the Club. (Please see written transcript of hearing for statements and discussions, prepared under separate cover. ) RESOLUTION: At the end of the hearing, motion was made by Chairman Goehringer, seconded by Member Dinlzio, and duly carried, to CONTINUE the hearing on THURSDAY, JANUARY 15, 1998~ at which time further information may be requested by the Beard and the applicant's submission of new information (if any). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS and HORNING. This resolution was duly adopted (5-0). Page 3 - Minutes Regular Meeting - December 11, 1997 Southold Town Board of Appeals III. DELIBERATIONS/DECISIONS. The Board deliberated and adopted the determination as shown on the attached~decisions, of which are on file with the Town Clerk's Office. ' findings and the ori~[nais 1. Appl. No. ~4521 -MARGARETTE J. OWEN. 2. Appl. No. 4512 - CHURCH OF GOD - Internal illumina- tion of ground sign. IV. MISCELLANEOUS (RESOLUTIONS/OTHER): A. COMMUNICATION: Committee Sessions of Planning or Zoning. (None were scheduled). B. RESOLUTION Re: List of 1998 Regular Meetings. RESOLUTION was offered by Member Tortora, seconded by Chairmnu Goehringer, and duly carried, to confirm the List of 1998 Meetings for the purpose of reserving the Meeting Hail for dates of Regular Meetings. VOTE OF THE BOARD: AYES: All (5-0). This resolution was duly ADOPTED. C. COMMUNICATION/DISCUSSION/REVIEW UPDATE: Chairman confirmed that a draft was circulated as a "general concept" regarding GREENHOUSES and that it has not yet gone to the Code Committee for review. Board Members were asked to send any comments to the Chairman directly and that he would reply with the PB office staff. D. RESOLUTION: On motion by Member Tortora, seconded by Member Dinizio, and duly carried, to recalendar and re-advertise the application of ELEANOR NAGY for a final public hearing to be held J~nuary 15, 1998 (instead of January 8, 1998). VOTE OF THE BOARD: Ayes: Members Goehringer, Dinizio, Tortora, Homing and COllins. Thig resolution was duly ADOPTED. E. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to calendar for a public hearing and advertisement the application of Donald and Maureen Sacker #4527.gg to be held January 15, 1998 (instead of 1/8). ~Attached at end of minutes and incorporated herewith. Page 4 - Minutes Regular Meeting - December 11, 1997 Southold Town Board of Appeals VOTE OF THE BOARD: Ayes: Members Goehringer, Dinizio, Tortora, Homing and Collins. This resolution was duly ADOPTED. F. STATUS UPDATE]RESOLUTION/OTHER: Appl. #4485.jd BeH-NYNEX/Rehm Variance request(s) at 425 Westphalia Avenue, Mattituck. SEQRA: the Chairman indicated he sent a letter to the Planning Board as the Lead Agency requesting an update. It was also noted that a written update was expected soon from the Building Inspector regarding his review under the new law. A tentative date of February 4, 1998 was offered by the Chairman for a possible public hearing. No action was taken to calendar this application for a public hearing at this time. G. STATUS UPDATE: Bell-NYNEX/Phillips. Special Exception #4446SE.id and Variance #4446.gg. Location of Property: 24850 Main Rd., Orient. No change in status: reviews under the State Environmental Quality Review Action (SEQRA) are still pending by the agencies. STATUS UPDATE/OTHER: Appl. #4068.jd - E. SIEVERNICH Pending receipt of information from applicant and attorney for adjacent owner. No change in status. STATUS UPDATE: T. PETIKAS. Applications incomplete- await receipt of documents. Authorize advertising after documentation is received. Tentative reserved hearing of 1/22 if received by 12/11 (or 2/26 ff received between 12/12-1/22) for #4525.jd - Sp. Exe. for Two-Family and #4526.1t - Area variances. Site Location: Sound Road and Main/North Road, Greenport. No change in status. J. OTHER STATUS UPDATE: #4529.1t - CASA BIANCA/ZAPF. Conversion of residence to health care use. Location: Private ROW, N]s Main Road, Orient. Incomplete pending receipt of additionai documentation before scheduling for hearing. Mrs. C. Andersen confirmed with the Board Secretary today that they are awaiting property owner authorization before submitting additional information. H - K (noted above). RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dirdzio, it was RESOLVED, a) to calendar and advertise Application #4531.jd - DUANE PASCALE for public hearing to be held January 15, 1998; and b) to hold the following in abeyance pending receipt of information to complete each file: Page 5 - Minutes Regular Meeting - December ll, 1997 Southold Town Board of Appeals Bell-NYNEX, Orient E. Sievernich T. Petikas Casa Blanca/Zapf. VOTE OF THE BOARD: Tortora, Homing and Collins. (5-0). AYES: Members Goehringer, Dinizio, This resolution was duly ADOPTED. IV - L. RESOLUTION: Calendar #4530.gg - AMAC Inc. On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, 1) if document is received by 1/5/98 to complete file, to hereby authorize advertisement for February 26, 1998; and 2) send letter to PB requesting review of plan for preliminary comments regarding site plan layout/elements. VOTE OF THE BOARD: AYES: Goehringer, Collins and Homing. ADOPTED (5-0).. Members Tortora, Dinizio, This resolution was duly IV - M. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to approve the Minutes of the November 13, 1997 Meeting. VOTE OF THE BOARD: AYES: Members Dinizio, Goehringer, Tortora. ABSTAINING: Members Colliqs and Homing (reason: appointments begain after the November 13, 1997 meeting). This resolution was duly ADOPTED (3-0, plus two abstentions). IV Iq. 2RESOLUTION. On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to authorize applicant (M. and C. Glew) to proceed in obtaining a building permit, with the understanding that right-of-way improvements noted in Appl. #3893 dated January 9, 2Attached at end of minutes and incorporated herewith. Minutes of Decembe~.~l, 1997 APPE~S BO~fl~D MEMBF~ Gerbil R Goe~g~r, ~ ~ames D~n~, ~r. ~y~ A. To~ Lora S. Collins George HornLng 1) BOARD OF APPEA TOWN OF SOb~rIOLr) Scuthold Town 53095 Main Road RO. Box 1179 Sou~old, New York 11971 F~x (516) 765-1823 Tetepho~ (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR N[EETING OF DECENiBER I1, 1997 Appl. No. 452/ - M__ OWJ~I PARCK~L 1000-7-6-8 STI%EET & LOCALITY: Isabella Road (Private Road), Fishers ~sland DATE OF PUBLIC HEARING: November 13, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Thi.~ property .is located in .an R-120 Low-Density Residential Zone. District, being situate on the north side of Isabella Road and contain.~ a .total area .of 1.97+-- acres as more particularly shown on the survey map dated November 13, !996,. updated June 9, '1997, prepared by Chandler, P~lmer & l<~ng, Surveyors. The survey map submitted with this application sho~ *bmr the subject pre_m~es is improved with a single-family dwelling with deck areas, and a new addition recently under construction (ref: Building Perm~ t23889). BASIS OF APPEAL: Building rnCpector's Action of DisapproVal dated July 23, 1997, which reads as follows: In an R-120 d~.~ti-ict, accessory bufla~n~~s and structures or other accessory uses shall be located in the requi~ed rear yard subject to the foHov~ng setback requirement of 20 feet from any lot ]~ne. Arfiete III, Section 100-33B(4). AREA VARIANCE RELIEF REQD~STED BY APPLICANT: To locale accessory inground swim,-inglx)ot with deck in a "f~ni yard area" at a distance front (southerly) property line, 70 feet prol~erty Hue. A fence enclosure as required by codes is shown/to be located greatel, tbmu 35 feet fr~m ctosest property Hues. REASONS FOR BOARD ACTION. DESCRIBED BELOW: (1) The granting of the area variance will not produce mn undesirable change in character of neighborhood or a detriment to nearby properties because the proposed location of the accessory pool and deck exceeds the required ,~n~r,,,~ front yard setbacks for p~inc~pal s~-actures, and natural landscaping provides screening from view of nearby properties. Page 2 - December 11, 1997 Appl. #4521:1000-7-6-8 (Owen) Southold Town Board of Appeals (2) The benefit sought by the applicant ~nnot be achieved by some method, feasible for applicant to pursue~ other *hah an are~ varisnce. The rear yard is steeply sloped snd placement of the poc-1 and deck at its location could create problem~ of on-site and off-site s~ormwater runoff, and threaten the wetlnnd area at the foot of the slope. (3) The requested area variance is not subst~nHal because the proposed front yard location exceeds the m'inim,,m setback recp,~ements for principal dwellings. (4) The proposed variance will not have sn adverse effect or impact on the physics! or environmental conditions in the neighborhood or d~strict because the front yard is the best possfble location to m{n~miEe poten*~s1 adverse impacts. (5) The m'tuation has not been seE-created and relates to the topography and steep contoure of the property. In considering tb~.~ application, the board, finds that the relief requested ~is the m~n{,,,,,m necessary and adequate snd at the ssme time will preserve and protect the character of the neighborhood, and the health, safety, welfare of the community.- RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chs~sn Goehr~nger, it was RESOLVED, to GRANT the relief as applied, SUBJECT TO THE FOLLOWING CONDITION: Ail stormwater ~noff resul~ng from construction of the pGol and deck shall~ be rem~ned on the site *b~mgh the use 'of hay bales and shy other mifi~ation methods deemed necessary. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING snd COLLINS. Thi.~ resolution u~sn~mous~ vote of the Beard (5-0). Actions. ~l! ! 7-6-8 Minutes of Oecemb APPEALS BOARD M~MBERS Gerard P. Goehfinger, Chairman James Dini~e, Jr. Lydia A. Tonom Lora S. Collins George Homing 11, 1997 (Attachment 2) BOARD OF APPEALS TOWN OF SObqItOT~D Southold Towm Hall 53095 Main Road RO. Box t179 SouIhotd. New York 11971 Fax (516) 765-1823 Tetep~ne (5 t6) 765-t809 F~DINGS, DELIBERATIONS AND DETERMLNATION Appl. No. 451T- CHURCH OF GOD ~N CHRIST (Jefferson. Temple) PARCEL 1000-101-1-10 STREET & LOCALrTY: 15625 C.R. 48, Cutchogue DATE OF PUBLIC HEARING: October 23, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an A-C _~_gricultural- Conservation Zone 'District, being situate on the north side of County Road 48, Cutchogue, with 115.10 ft. read frontage. Thi~ lot cont~n.~ a total area of approximately 44,657 sq. ft: as depicted on the copy of survey map dated May 21, 1982 under thi.~ application and which map shows an exis~ng concrete block build,nE and separate one-sto~r fr-me church build/nC. BASIS OF APPEAL: Building Inspector's Action of Disapproval .dated September 2, 1997 for the reason that under Section i00-206B, the . Approval =9~ has been new ground sigma olaced under Sign Permit ~ "~ internally illuminated. Section 100-206B reads as follows: B. Both neon and internally i!luminat-~d signs are prohibited, excep~ that f~eestCndi~g, business center and wall signs ~n shopping cen~ers or in areas zoned Hamlet Business may be internally illuminated. An existing sign which is capable of internal ii!umLuation may continue ~n use in other zones if the lights a~ not gurned on. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: gequest to mainta/n internal lighting of sign, as e~sts. (Note: Also see separate ZBA decision rendered 1!/13/97 reg~arding the first reference in the Disapproval re~g the location and setback of the "as Dst' sign - wh/ch was approved. ) REASONS FOR BOARD ACTION, DESCRIBED BELOW: After conside~ng Section 100-205. !-A(4) which prox~des "... such other signs may be authorized as variances by ~he Board of Appeals .... "under the sign regulations, and noting zhe Section of Law disapproved by the B[tildin~ Inspector ar Section i00-20~B, the fotlcwin~ standards of New York Town Law were adopt_ed (inszead of standards for a prohibited "land use:'): Page 2 - December 11, 1997 Appt. No. 4512:1000-10t-l-10 Southold Town Board of Appeals (1) The ~ranting of the setback variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties because light eminates from the illuminated sign extensively and lights not only the sign and this pacel but surrounding (nearby) parcels. (2) The benefit sought by the applicant cnnnot be achieved by some method, feasible for applicant m pursue, other than a variance because self-illuminated (internal) signs are not permitted in this agricultural-conservation and residential district. (3) The requested are~ variance is substantial in relation to the code requirement because self-ill,~miuated signs are only permitted in the business zoned districts. (4) The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it is impossible ~o Limit the lighting and restrict to To site specific area of a parcel with a self-illuminated sign. These ~ypes of signs cause light to be spread to all immediately surrounding properties. (5) The situation-has been self-created the applicant admits to having the sign des~rned prior to check~n~ under the. town ordinance To see if such a sign designed with internal lights would conform to law. (6) This action is the m~nimum that the Board deems necessary and adectua~e and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community because the conditions herein allow the sign ~o remain with exZernal lighting as an alternative. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Co;llns, it was RESOLVE. B, to DENY internal ill,,mhnation of the e~iing sigI1; alternatively, t~e sig~ may have exte~ lighting by the in.~tstlstion of twO small SpOt lights e. tose to the sigll and shielded downward without glare to surreund~ng areas. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, HORNING sad COLLINS. NAY: M~M~BEi{ DINIZlO (indicated use var~nnce standards were bi~ choice). .~BSTAIN-ED: Member Tortora (indicated more rime was needed to determine whether the Board should use "area variance" or "use variance" standards of Town Action-g. all/lOt-l-lO / sig- light Page 6 - Minutes Regular MeelJng - December 11, 1997 Southold Town Board of Appeals 1990 are to be completed before issuance of a Certificate of Occupancy. VOTE OF THE BOARD: MEMBERS Goehringer, Dinizio, Tortora, Colllns, and Homing. This resolution was duly ADOPTED (5-0). V. RESOLUTION/OTHER: a) To be held January 15, 1998: Appl. #4527.gg - DONALD and MAUREEN SACKER Appl. #4531.jd - DUANE PASCALE. Carryover #4501.1t - E. NAGY b) RESOLUTION for January 22, 1998 Motion was made by Member Tortora, seconded by Chairman Goehringer, and duly carried, to CONFIRM the following public hearings for January 22, 1998, (requesting an update by the applicants before advertising), and AUTHORIZING advertisement for the following applications: Carryover #4509.1t - TONYES/CITGO STATION, Southold. Possible Carryovers #4522SE.jcl and #4523.1t/Var - P. RUSHIN & ANO. add residential use. New Application #4532.1t3 - SHAWN and D. WILLIAMS. Proposed shed at 405 South Dr., Mattituck. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Collins and Homing. This resolution was duly ADOPTED (5-0). 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. )roved Respectfully submitted, ~d~ Ko~alS~ 12/31/97 ' Board Secretary Resolution Ade~ed 1/22/98