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Home My WebLink AboutZBA-08/28/1997APPEALS BOARD 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 RO. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING THURSDAY, AUGUST 28, 1997 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town HaH, 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 28, 1997 commencing at 6: 45 p.m. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Member (left 8:15 p.m.) James Dinizio, Jr., Member Lydia A. Tortora, Member Maureen C. Ostermann, Member Linda Kowalski, Secretary to ZBA 6:45 p.m. Chairman Goehringer called meeting to order. PUBLIC HEARINGS (AGENDA ITEM I): After introduction by the Chairman and reading of the appHcati0ns for each public hearing, testimony was received on the following. See written verbatim transcripts prepared separately for specific comments made and reference as needed and permanent recordkeeping. 6:48 p.m. #4498.GG - Anne Shannon - Variances are requested under Article IIIA, Section 100-30A.3, Bulk Schedule in the R-40 Zone, for permission to construct deck addition and accessory shed which exceeds maximum lot coverage of 20% by- adding an additional 504 sq. ft. over that allowed by Appeal #4267 dated 9/15/94. Also under Article XXIV, Section 100-244 for nonconforming lots, the deck addition will be less than 35 feet from the rear lot line. Location of Property: 2775 Marratooka Road, Mattituck, NY. County Parcel No. 1000-]23-2-26. Existing total land area consists of 6775+- sq. ft. Ms. Shannon and Raymond Nine were present in behalf of the application. After receiving testimony-, motion was offered by Chairman Goehringer, seconded by Member Dinizio, and Page 2 - Minutes ~ Regular Meeting of August 28, 1997 Southold Town Board of Appeals duly carried, to conclude (close) the hearing. was duly ADOPTED (5-0). This RESOLUTION 7:05 p.m. ~4499.JD - Richard & Pamela Frerking - Variance for addition to dwelling which will have an insufficient front setback as a principal building at less than the existing, established 32 ft. nonconforming setback. The Building Inspector has also confirmed that the setback is ]ess than a 35 ft. setback (ref: setback schedule for parcels having 9972 sq. ft. in size). Location of Property: 680 Deep Hole Drive, Mattituck, NY; County Parcel ~1000-115-12-9. Mr. Frerking spoke in behalf of his application. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. This RESOLUTION was duly ADOPTED (5-0). 7: 15 p.m. ~4500. LT - Catherine Harren Variance for placement of two accessory buildings as located in the side yard area. Location of Property: 3000 Reeve Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-100-1-6. Abigail Wickham, Esq. appeared for the applicants. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. This RESOLUTION was duly ADOPTED (5-0). 7: 20 p.m. ~4445. LT Charles & Mary Tang-ney - Variance for insufficient lot area in this proposed set-off or minor subdivision for Two lots, situated along a private right-of-way extending from Little Neck Road, Cutchogue; County Parcel [D No. 1000-103-5-2.1 consisting of 143,020 sq. ft. Proposed is the reduction of land area for two parcels, each less than 80,000 sq. ft. in total area. Mr. and Mrs. Tangney were both present and spoke in behalf of their application. After receiving testimony, motion was offered by Chairman Goehringer, seconded, by Member Tortora, and duly carried, to close (conclude) the hearing. This RESOLUTION was duly ADOPTED (5-0). 7:10 p.m. ~4501.MO E. Na~ Waiver under Article II, Section 100-26 based upon the July 7, 1997 Notice of Disapproval of the Building Inspector stating two reasons: (1) under Article II, Section 100-24A. (1) land area identified as 1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum lot requirements (12,500 sf) and, (2) under Article II, Section 100-25A, total 1and area merger exists for 1000-27-4-1', 2 & 3 having been held in common ownership after July 1, 1983. Location of Property: Harbor Road, Orient, NY. Applicant proposes 28,445 sq. ft. of land area and 132.57 lot width as to 1000-27-4-3 & 2, and with a remaining house lot of 20,000+- sf. and lot width of 100 feet as to 1000-27-4-1. Zone District: R-40. (Schedule AA as revised July 22, 1997 shows a size requiremen~ for Page 3 - Minutes -~ Regular Meeting of Augus~ 28, 1997 Southold Town Board of Appeals lots created between April 1957 thru November 1971 at 12,500 sq. ft. and 100 ft. lot width. ) A letter requesting postponement was received from Patricia C. Moore, attorney for applicant. There were persons appearing due to the advertisement and notices regarding the hearing. After receiving testimony in opposition from Mr. John Ritter and Sandy Allecia, neighbors, motion was offered by Chairman Goehringer, seconded by Member Doyen, and duly carried, to RECESS the hearing for a continuation on September 25, 1997. This RESOLUTION was duly ADOPTED (5-0). 7: 45 p.m. ~4502. GG Moore's Lane Development Corp. Variance for proposed deck addition ~o condo unit #60 at 135 R60 Caleb's Way, Greenport, New York; County Parcel 1000-40.1-1-60 with proposed reduction in the front yard setback at less than 35 feet. Zone District: AHD. Mr. Ray Dickhoff, Authorized Agent-Builder, appeared and spoke in behalf of his application. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. This RESOLUTION was duly ADOPTED (5-O). End of Hearings. AGENDA ITEM II. SEQRA RESOLUTION: Motion was made by Member Dinizio, seconded by Chairman Goehringer, and duly carried, to confirm Type II Designations re: minor projects for the applications in each of the above hearings. This RESOLUTION was duly ADOPTED (5-0). AGENDA ITEM V-A. HEARING RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to add the newly filed application of JOSEPH MELLY, and authorize advertisement, for a public hearing to be held September 25, 1997 (with other hearings per former meeting resolution). This RESOLUTION was duly ADOPTED (5-0). AGENDA ITEM IV-B. REMINDERS confirmed as listed on agenda: a) Ongoing Committees Sessions for: Planning & Zoning Code Committee b) Public hearings to be held September 11, 1997 as advertised: Page 4 - Minutes Regular Meeting of August 28, 1997 Southold Town Board of Appeals 6:45 p.m. 6:50 p.m. 6:50 p.m. 7:00 p.m. 7:15 p.m. Appl. #4503. SD - Hay Harbor Club, F. I. Appl. #4504.JD - E. Corwin, Owner & J. Grattan as contract vendee (lot waiver) Appl. #4505.LT - J. Grattan (new house) Appl. #4356.GG - M. Kosmynka (garage) Appl. #4068.JD - E. Sievernich (lot size). c) Public hearings for September 25, 1997 Applications for new reviews and site viewing in addition to those also scheduled for this date: 1) Appl. #4506.MO - E. Mulligan Estate (deck as built) 2) Appl. #4507.GG -M. Zevits (lot waivers) 3) Appl. #4492.LT - W. Klein (as-built garage and deck). AGENDA ITEM V-B. SEQRA coordinstion letter Re: Town Board as lead agency in proposed Local Law for Wireless Communication Facilities projects. There was a short discussion about the Committee's drafts and extensive time spent by the Committee representatives. Member Dinizio asked that his comment be added into the Minutes reflecting his concern that the requirement of five acres per tower is a little too much. AGENDA ITEM III. DELIBERATIONS/DECISIONS. Moore's Lane - see attached Deliberations, Findings of Fact and Determination. Tangney - informal straw opinion for conditional approval. No official vote was taken au this time. (See Deliberations, Findings of Fact, and Resolution adopted September ll, 1997. Member Doyen was not feeling well and left az this point in time. Harren - see attached decision. Richard and Pamela Frerking, action taken as noted below: 1. THIS RESOLUTION WAS RESCINDED in ~2 below: Motion made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to DENY the 19 ft. setback requested, and GRANT ALTERNATIVE RELIEF for a four-ft, addition au a setback of 28 ft. from the front property line, which addition may extend to the same 28 ft. setback into the permitted side yard to square off the building. Page 5 - Minutes ~ Regular Meeting of August 28, 1997 Southold Town Board of Appeals 2. Motion was made by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to RESCIND the resolution adopted in the Matter of Richard and Pamela Frerking, in order that the wording for action denying the application and granting alternative relief, may be re-drafted, which new draft will be considered for final aeceptance and adoption at the September 11, 1997 meeting of the Board. This RESOLUTION was duly ADOPTED (4-0). A. Shannon - see attached decision. AGENDA ITEM V-C. MISCELLANEOUS. The Chairm~n briefly addressed letters received regarding Broadwaters Cove Marina project presently before the Plonning Board for site plan action, and particularly with respect to a Planning Board letter requesting ZBA zoning review for interpretation or advisory opinion. At least two members felt it was inappropriate to meet with residents of an area without proper notification to parties and other procedure followed. With reference to the letter from the Broadwaters Cove Association, Inc., the Chairman was authorized by Members to send the following response to Mr. Breen, President: ...Dear Mr. Breen: Our office is in receipt of your letter, which was directed to our department apparently under the direction of a representative of the Planning Board. Please find attached a copy of our reply dated August 15, 1997 to the Planning Board's memorandum of July 30, 1997... Very truly yours, GERARD P. GOEHRINGER CHAIRMAN .... AGENDA ITEM V-C, continued MISCELLANEOUS: The Chairman/Department Head updated everyone regarding the 8! 21 Department Head Meeting: proposed employee handbook; Building Department Head Ed Forrester indicated he wanted to meet with real estate brokers to apply for COs earlier rather than waiting until the day before etosing; Sr. Planner V. Scopaz agreed we should have department staff meetings monthly and felt that memos don't achieve results. The ZBA Chairman asked that one or two ZBA members (less than a quorum) attend Building Department's APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tonora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOLrlWrlOLD Sou[hold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMIaNATION ADOPTED AT REGULAR MEETING OF AUGUST 28, 1997 . Appl. No. 4502 -Moore's Lane Dev. Corp. PARCEL 1000-40.1-1-60 ' W . LOCALITY: 60 Caleb s ay, Greeuport DATE OF PUBLIC HFakRiNG: August 28, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is knowu and referred to Unit 160, and 60 Caleb's Way, Greenport and is referred to as Unit .-560. shown on a map submitted under this application. Tkis property has been appeoved as an Affordable Hotusing District for a total of 60 dwelling Units. BASIS OF APPEAL: Building inspector's Action of Disapproval dated July 90 1997 wlfich reads as follows: 'hmder Ar~icte XXV. proposed deck addition ~.~iH have instffficient front yard setback to Caleb's Way of 35 feet as required by site plan approval. Setback would now be 28 feet from front lot line. Action cequired by Zoning Board of Appeatsf' AREA VARIANCE RELI. EF REQUESTED BY APPLICANT: T.o locate a proposed 8 ft. by 12 ft. open deck addition at 28 feet from the closest edge of the right-of-way known as Caleb's Way at ;,ts closest poj~t, mzd 38 feet to the center of Caleb~s Way (southerly front property tine). The peesent setback of the existh~g dwelling is shown to be 35 feet at its closest point to the right-of-way, and ~8 feet to the southerly front property line (center point of Cateb's Road). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (I) The gm~ting of tile m-ca variance v:iil nor ~roduce an undesirable change in character of neighborho-d ur a der~-imenr ~o nearby p~operti~ ~u~ l~ruufises ~ I~ated con~i~mus ~o a pcivare road' wlfich' s~es a'~ only access to inhabitants of this cmnmunirv. (2) The benefit ~ught by the applimnt ~mot be achieved bv some method, feasible for applicant ~o pm~ue, other than an ~'ea variance because ef rim ~iqueness of said parcel ~ a corner lot. Page 2 - Aug-ust 2~ 997 Re: Appl. #4502 - Moore's Laue Dev. Corp. Parcel ID #i000-40.1-1-60 (3) The requested area variance is not substantial because it onlv consists of approxinra~ety 20% of a variance. ' (4) The proposed varisnce will not have an adverse effect or impact on the physical or environmental conc~iions in the neighborhood or district because variance requested is for an attached open deck addition which is not enclosed. (5) The situation has not been serf-created. (6) This action is the mh)Jmum that the Board deems necessary and -adequate and at the same time preserves and preteC~s the character of the neighborhood, and the health, safety, welfare of the commuhiW. RESOLUTION/ACTION: On motion by Chairman Goehrin~er, seconded by Member Ostermmm, it was RESOLVED. to GRANT the relief as applied and subject to the following CONDITIONS: 1. The deck shall remain open and unenclosed, and the deck shah no~ be elongated from this requested size of 8 ~t. by 12 ft. with a setback at 28 feet from the front properW line at its closest point. 2. Step area(s), if added to the deck, shall be located only at the sides of the deck. and not further extending h~to the front yard ar Caleb's Way ro the south. VOTE OF THE BOARD: AYES: MF2vlBERS GOEHRINGER, DINIZtO, TORTORA, and OSTERMANN. (Member Doyen was absent during deliberations and decision. ) Tlfis resolution was duly adopted. CHAIRMAN // Adopted 8/28/97 ********************* Actions all/401 ~ - ' -t-o0 RECEIVED AND FILED BY SOUTI-IOLn TOWN Cr,k K APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Di.ni~.io, Jr. Lydia A. Tortora Maureen C'. Ostermann BOARD OF APPEALS TOWN OF SOUTEOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York t 1971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGLrLAR r~tEETING OF AUGUST 28, 1997 'Appl. No. 4500 - Catherine Har~en PARCEL 1000-100-1-6 STREET & LOCALITY: 3000 Reeve Road, Mattituck DATE OF PUBLIC HEAl{lNG: Aug~ust 28, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Resideutial Zone District, being sit. uate on the easterly side of Reeve Road. This lot contains a total area of 2~,646.i2 sq. fl. as depicted on the map under this application and is improved with the following as shown on the April 15, 1997 survey prepared bv Stanley J. tsaksen, Jr. for Anthony and Tiaa Abate: one-story Wood frame residence, accessory frame garage and shed, both located in the side yard, and a third accessory building (shed) located in the required rear yard. BASIS OF APPEAL: Building Inspector:s Ac~on of Disapproval dated June 23, 1997 in which applicant applied for a building permit regarding placement of two accessory brdiding~s as located in the side, yard area. AR~h~ VARIANCE [{F.I,IEF REQUESTED BY APPLICANT: For approval of~two "as b~dit" accessory buildings located in the northerly side yard area, north of the existing dwelling-at the end of the asphalt driveway (40.8 feet from the westerly fronr property tine and 29.2 feet from the northerly side property tine, at its closest points). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The g-ranting of the area var~nce will not produce an undesirable change in chat~acter of neighborhood or a detrflnent to nearby properties because ltl,~- g~t-a? is se~ back 40.8 feet from R. eeve Avenue and 29.2 feet from the nearest sideyard p~-oper~v tine. Tile garage has ezdsred hx its current side yard location for 35 years with no adverse affects. Tile betut~d ,.,~e ,garage, is not visabte from ileeve small shed~, situated - ~" Avenue. It is mo~e thai~ 30 feet from the n~aresr side yard property line. {2) The benefit sought bv ~_l~e applicant cannot be achieved by some mc lhod. ['ensibie for appliem~ :~ pursue, other dmn m~ area variance Page 2 - Aug~xst 28;'y'~ 597 Appl. #4500 - C. Herren (1000-100-1-6) Southold Town Board of Appeals because the applicant's attorney has testified that the costs of relocating the garage to a conformh~g area ~vould be "financiaLly prokibitive" hi excess of $7500.00. - (3) The requested area variance is not substantial because both the garage and shed exceed the c~ode required front yard and side yard setbacks for principal structures. (4) The proposed variance wilt uot have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the garage an~d accessory shed are located on a 34,646 square-foot tot, not less ~han 29.2 feet from the nearest property Iine~ (5) The situation has been self-created because the gara~ and shed _ ~ere constructed without a Certificate of Occupancy. (6) This action is the minimum that the Board deems necessary and adequate and at the same time p~eserves and protects the ct~ar~acter of the neighborhood, and the health, safety, weffare 'of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehrh~ger, it was RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory shed shah not be enlarged or expanded unless it is relocated ~o a required rear 5mrd area. 2. The garage shall no~ be enlarged or expanded without review approval of the Board of Appeals. VOTE OF THE BOARD: AYES: MEMBERS OSTERMANN, TORTORA, DINIZIO, AND GOEHRLNGER.~ (Member Doyen was absent during deliberations and decision. ) /GERARD ?. GOEHRi~GER? CHAI~I~t~_N Actions. a~[ 100-1-~ 2ECEtVED AND BY ?HE =OLD TOW CLERK DATE ?/~/~7 HOUR /~-' ~0 Tov,m C!ezk, .To~ of ~Id . )d~PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen Jame, s. pi~.zi.o, Jr. Lydia A. Tortora ~aureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York t 1971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST 28, 1997 Appl. No. 4498 - Anne M. Shannon PARCEL 1000-123-2-26 STREET & LOCALITY: 2775 Marratooka Road, Mattituck, NY DATE OF PUBLIC HEARING: August 28, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate along the easterly side of Marratooka Road, Mattituck. This tot contains a total area of approximately 6775 sq. ft. as depicted on the copy of survey map tinder this application. The copy of the survey shows the following improvements: one-story frame house set back 28 feet from the front property line and accessory- building located in the rear yard. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated June 24, 1997 which reads as follows: under Article IIIA, Section 100-30A.3, Bulk Schedule, for permission ro construct deck addition and accessory shed which exceeds maximum 20% tot coverage by adding an ad~litional 504 SCl. ~t. over that allowed by Appeal No. 4267 dated 9/15/94. Also under ArticIe XXIV, Section 100-244 for nonconforming lots, the deck addition will be less than 35 fee~ from the rear lot line. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: 1) To locate deck addition with an insufficien~ rear yard setbac~ at nor tess than 30 feet {which deck will extend 15'3" past the rear of the existing dwelling addition), and 2) to locate accessory shed of 8 ft. by 10 ft. m size in the required rear yard ar a minimum of three feet from the rear property line and g-rearer than ~hree feet from the side property lines, and 3} to exceed tot coverage by- 504 square feet over that granted under Appeal. ,44267 September 15, 1994. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the alternative relief area will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because parcel is extremely small in size at 6775+- sq. ft. (2) The benefit sought by tl~e applicant cannot be achieved by some method, feasible for applical~t to pursue, other than Lln ar'ea variance Page ~ - Appl. No. 4267 Application of ANNE SHANNON Southold Town Board o/ Appcals because improved parcels of this unique size ordinarily exceed lot coverage requirements by the uature of their size and/or shape when improved by a single-family and detached garages. (3) The requested area variance is not substantial based upon the requested 504 square feet. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in tile aeighborhood or district because rear yard is significantly reduced by the size of the existing attached deck and shed. (5) The situation has been self-created. (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, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goeh?inger, seconded by Member Dinizio, it was RESOLVED, to DENY the relief a.s requested, and BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF AS FOLLOWS: 1. The tot coverage is permitted to be increased ontv by 424 square feet for the existing deck and/or shed for a total tot coverage, all buildings, at not greamr than 2,088 square feet. (Options available to applicant allows either removal of the 80 sq. ft. shed, or removal of 80 square feet from the "as built" deck area. 2. "As built" deck area shall not be enclosed or elongated. VOTE OF THE TORTORA, and deliberations and vote.. ) BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, OSTERMANN. (Member Doyen was absent during This resolution~_.w~za~, duly adop.[ed~O.)~? ~ GERARD P. GOEHRINGER/ CHAIRMAN ********************** Actions. all/123-2-26 Page 6 - Minutes ~ Regular Meeting of August 28, 1997 Southold Town Board of Appeals internal monthly staff meetings to discuss procedures only and not issues of a pending application in all fairness to the applicant and others in the appellate process. The ZBA Chairm~n said also would not discourage secretary or assistant from attending each monthly staff meeting. The Chalrm~n said that in the event information is needed about past decisions, the file is available through the ZBA office staff and questions should go through staff (example would be a 3-2 vote on an application). All agreed that it's best if everyone attend with an open mind rather than reflecting on past decisions, and anyone in the ZBA office staff or on the beard is authorized to attend. AGENDA ITEMS V-C with regard to possible hearing dates on the pending Telecommunication Tower applications were not addressed. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 9:30 p.m. Respectfully submitted, Linda Kowalski Approved for Filing /~ 1~.~197 RECEIVED AND FILED BY THE SOUT~{C'LD TOiVI~ C~DBI DATE Town C!erk~