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Home My WebLink AboutZBA-09/25/1997APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Din/zio, Jr. 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, SEPTEMBER 25, 1997 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, SEPTEMBER 25, 1997 commencing at 6:45 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 Doyen, Member (Fishers Island). 6:45 p.m. Chairman Goehringer called meeting to order. I. PUBLIC HEARINGS (AGENDA ITEM I)' After introduction by the Chairman and reading of the applications for each public hearing, testimony was received on the following. Verbatim transcripts have been prepared separately (although tape recording was full of static and inaudible in many areas), for the following: 6:45 p.m. Appl. #4506.MO E. Mulligan Estate. (J. Kevin McLaughlln, Esq. appeared with the applicants. See vrritten transcript of hearing prepared under separate cover for verbatim statements. ) At the end of hearing discussions, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. Vote of the Beard: Ayes: All (4-0). Page 2 - Minutes ~ September 25, 1997 Regular Meeting Southold Town Board of Appeals 6:55 p.m. Appl. #4508.JD - Joset~b MelI¥. Both William Goggins, Esq. and the applicant spoke in behalf of this application. See written transcript of hearing prepared under separate cover for verbatim statements. At the end of hearing discussions, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close (conclude) the hearing. Vote of the Board: Ayes: All (4-0). 7:20 p.m. Appl. #4501 - E. Nag¥. Patricia C. Moore, Esq., Eleanor Nagy and Steve Nagy (son) spoke in behalf of this application. See written transcript of hearing prepared under separate cover for verbatim statements. At the end of hearing discussions, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing WITHOUT A NEW DATE. Vote of the Board: Ayes: All (4-0). 7:58 p.m. Appl. #4492 - W. Klein. Patricia C. Moore, ' Esq. and Mr. Klein spoke in behalf of this application. See written transcript of hearing prepared under separate cover for verbatim statements. At the end of hearing discussions, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close (conclude) the hearing. Vote of the Board: Ayes: All (4-0). 8:23-9:20 p.m. Appl. #4509 - Tonyes Realty Corp. d/b/a Southold Automotive Corp. Edward and Donald Tonyes spoke in behaff of their application. See written t~anscript of hearing prepared under separate cover for verbatim statements. At the end of hearing discussions, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS this hearing until October 23, 1997. Vote of the Board: Ayes: All (4-0). End of Hearings. II. APPOINTMENT: 9:20 p.m. Special Exception {?4503: Hay Harbor Club. Location of Property: Oriental Avenue, Fishers Island, NY; Parcel #1000-9-12-8.1. There was a discussion with Patricia C. Moore, Esq. as attorney for the applicant reviewing legislated conditions in the Code for issuance of a Special Exception of this nature. Mrs. Moore confirmed that she wishes to proceed "as filed" with this Page 3 - Minutes ~ J September 25, 1997 Regular Meeting Southold Town Board of Appeals Special Exception application for the reason she feels it is a "hybrid" situation, even though the parking location and building setbacks are closer than 100 feet to property line. A public hearing by the Board of Appeals on this Special Exception application has been re-noticed for October 23, 1997. III. OTHER MATTERS confirmed (Agenda Item V): a) & Zoning. today. ) Agenda Item Reminder for Committee Sessions of Planning (Notice of any meeting was not received as of 3 p.m. b) Reminders for Public Hearings at Regular ZBA Meeting 6:45 p.m., October 9, 1997: Appl. ~4507.GG - M. Zevits (lot creation waivers). Appl. #4510.MO: Lauren Albertson - (Deck Expansion) Appl. #4511.GG: James Weeden (Pool in side yard). NYNEX at Mattituck: (previous resol, for 10/9 Hearing). IV. AGENDA ITEM VI-D-2: REQUEST FOR ADDITIONAL INFORMATION regarding the J. McAleer application. Board members requested additional information, and Patricia Moore, Esq., who was present regarding another application, agreed to furnish the information for consideration at or prior to the 10/9 public hearing. The Board agreed to advertise this application for a 10/9[97 public hearing as filed. V. Agenda I.tem VI-D(2): RESOLUTION ADOPTED: Motion was made by Member Tortora, seconded by Chairman Goehringer, and duly carried, to add and advertise the following applications for public hearings To be held on October 9, 1997: Add: Add: Add: Add: Add: Appl. #4513.LT - C. Gicable Appl. #4515.MO: Timothy McNally Appl. ~4516.GG: J. Shipman Appl. #4517.JD: Gabriel Darin Appl. ~4518.LT: J. McAleer VOTE OF THE BOARD: AYES: All (4-0). This resolution was duly adopted. VI. Agenda Item IV-E-l: REVIEW and INSPECTION REMINDERS for October 23, 1997 hearing projects: Page 4 - Minutes ~ September 25, 1997 Regular Meeting Southold Town Board of Appeals #4512.JD - Church of God #4503.SD - Hay Harbor (Sp. Exc. ) Agenda Item VI-E-2. RESOLUTION: On motion by Chnirman Goehringer, seconded by Member Dinizio, it was RESOLVED, to add following applications for Oct. 23, 1997 Public Hearings and authorize advertisement in the official newspaper: Add: Appl. #4514.SD - Hay Harbor (Variances & Interpr.) Add: App]. #4519.MO - C. Fisher subject to receiving disapproval from B.. Insp. Add: Appl. #4520.GG - S. Pawlowski VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Ostermann. This resolution was duly adopted (4-0). (Member Doyen of Fishers Island was absent.) VII. SEq}RA RESOLUTION (Agenda Item III): On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to confirm all setback, height, accessory and other minor applications pending as Type II Actions under SEQRA (with the exception of the E. Tonyes application). VOTE OF THE BOARD: AYES: ALL. (4-0). This resohition was unanin~ously adopted. VIII. MINUTES RESOLUTION (Agenda Item VI-F): Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to APPROVE the Minutes of the September 11, 1997 meeting as prepared and with a correction in the Mary Tanguey findings by adding the word "not" (which was inadvertently omitted when retyped for signsture). This resointion was duly ADOPTED (4-0). IX. DELIBERATIONS/DECISIONS (Agenda Item IV): The following application was discussed for possible action at the next meeting of October 9, 1997: W. Klein for possible approval on modification and with conditions - to be considered 10/9 for formal deliberations and action. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. ... ' ydia A. Tortora I~laureen C. O-~termann Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 -Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INDINGS, DELIBERATIONS AND DETERMINATION REG,ULAR MEETING OF SEPTEMBER 25, 1997 Appl. #~506 - L1LLIAN J. 3/IDLLIGAN ESTATE PARCEL 1000-126-7-11 STREET ~& LOCALITY: 210,~Third St., Laurel Aq E OF PUBLIC HEARING: September 25, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is referred to as Lot 72 on the Map of Section One, Property of George [. Tuthill and Others filed January 15, 1929. This 'lot is located in an 1{-40 Zone District, being situate on the nortll side o1~ Third Street, and con~ains a total area of 7500 sq. ft. w/th 50.0 ft. frontage along Third Street and a lot depth of 150 feet. The July 18, 1997 survey submitted with this application shows the subject premises is improved with the following: one-story frame, dwelling with attached garage, open porch at the front, and wood deck at the rear. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated August 5, 1997, 1997 which reads as follows: "...under Article IIIA, Section 100-30A.3 of the Bulk and Area Parking Schedule of the R-40 Zone, the deck addition "as built" will exceed the maximum allowable lot coverage of 20% or 1500 sq. ft. The deck addition will increase the lot coverage to 1635 sq. ft. or approximately 21.75% (plus or minus) .... ,, AREA VARIANCE RELIEF REQUESTED BY APPLICANT: for approval of location of deck addition "as built." The size' is confirmed on the survey to be 28.4 feet in width by 10.2 ft. in depth, for an overall raze of 290 square feet. The house is approximately 1421 sq. ft;, and, with the 290 Sq. ft. deck the total tot coverage equals approxi- mately 1711 square feet, between 22.8 and 23.14 percent. REASONS FOR. BOARD ACTION~ DESCRIBED BELOW: (1) Tile granting of the area variance will not produce an undesirable, cbange~ in character of neighborhood or a detriment to nearby properties because the deck is located in the rear yard': whmh' is sufficiently screened from the neighboring properties for adequate p vi vacy~::. .: Page 2 - Lillian g. Mulligan Estate Appl. #4506:1000-126-7-11 Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant [o pursue, other than an area variance because the deck has been in place for several years and to modify it could compromise its structural integrity. (3)-' The requested, area variance is not substantial. The total lot coverage with the deck is between 22.8% and 23.14%~ or up to 3.14% over the allowable 20% coyerage.. (4) The ~roposed va. riance-~vill not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the variance sought is ~ninimal. (5) The situation has been self-created since the property owner could have been aware of or informed of the code requiretnents prior to adding the deck. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, wetfare of the community. RESOLUTION/ACTION: On motion by Member Ostermann, seconded by Member Tortora, it was RESOLVED, to GRANT tile relief a.s applied, SUBJECT TO THE FOI, LOWING CONI)Ik'IONS: 1) The deck shall not be enclosed; .2) The new lot coverage calculations be re-confirmed by Building Inspector for the ZBA and Town's permanent records. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZlO, TORTORA, OSTERMANN. (Member Doyen of Fishers Island was Actions .all] 126-7-11 Page 5 - Minutes ~- September 25, 1997 Regular Meeting Southold Town Board of Appeals Also, attached at the end of the Minutes (signatUre page) is a copy of the two-page Deliberations, Findings and Resolutions as adopted by the Board regarding E. Mulligan, Appl. #4506. The original is on file with the Office of the Town Clerk. X. Agenda Item VI-A: Reviews for updates or amendments: The only discussion regarding the pending applications of Bell-Atlantic/NYNEX at Orient and at Mattituck was that the ZBA staff did call Howard Pachman, Esq. and he did not know if his client is in a position to proceed or not to proceed with these applications, and he would let us know next Tuesday, September 30th. The Bell-NYNEX at Mattituck has already been advertised by the ZBA staff for October 9, 1997 as per former resolution. XI. ZBA PROCEDURES: Brief discussion by Chairman with respect to legal opinion offered by Town Attorney Laury Dowd. (The Town Attorney's memo was in response to memo from ZBA Chairman addressed to her regarding present appellate procedures for all types of applications). Discussions among board members only. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 10:20 p.m. Respectfully submitted, ' ~a~nda Kowalski Board Secretary /~orard ~. Goehringe~, C~r~n Resolution 10/~5/97 / RECEIVED AND FILED BY ~E SOUTHOLD TOWI~ CLERK DATE/~/~/~7 HOUR~: ~ ~ Town Clerk, zown