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Home My WebLink AboutZBA-07/10/1997APPEALS 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 P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING THURSDAY, JULY 10, 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, JULY 10, 1997 commencing at 6:45 Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Jr. James Dinizio, Jr., Member Lydia A. Tortora, Member Maureen C. Ostermann, Member 6:48 p.m. Chairman Goehringer called meeting to order. AGENDA ITEM I. PUBLIC HEARINGS: After introduction and reading of the applications for each public hearing, testimony was received on the following. See written verbatim transcripts prepared separately for reference as needed and permanent recordkeeping. 6:50 p.m. Appl. No. 4494 ANTONIO PIRAINO. This application is based upon the Building Inspector's June 1997 Action of Disapproval, for a Variance under Article III, Section 100-32, Bulk Schedule, permission to place new dwelling with insufficient front yard setback from right- of-way which passes through center of applicant's property, and reduced rear yard setback. Location of Property: 3637 Right-of-Way off the west side of Cox Neck Road, Mattituck; 1000-113-3-2.3. Zone: R-80. At the end of discussions during the hearing, motion was made by Chairman Goehringer, seconded by Member Dinizio, [o RECESS the hearing, as a continuation to be held at the Regular Meeting of the ZBA scheduled for August 14, 1997. Vote of the Board: Ayes: All; none opposed. This resolution was duly adopted. A tentative visit to the site for viewing of the property by ZBA Members was confirmed by the Chairman for July 19, 1997 at approximately 1:00 p.m. 6:55 p.m. Appl. No. 4493 - ANDREW LETTIERI. This application is based upon the Building Inspector's June 2, 1997 Action of Disapproval, ~)age 2 - Minutes ~' Southold Town Board of Appeals Regular Meeting of July 10, 1997 for a Variance under Article III-A, Section 100-30A.3 of the Bulk Schedule, for permission to place new dwelling with an insufficient rear yard setback. Zone: R-40 Zone. Location of Property: 1720 Arrow- head Lane (west side), Peconie; 1000-98-2-12.1. At the end of discussions, motion was made by Chairman Goehringer, seconded by Member Tortora, to close (conclude) the hearing. Vote of the Board: Ayes: All (none Opposed). This resolution was duly adopted. 7:15 p.m. Appl. No. 4492 - WALTER KLEIN. This application is based upon the Building Inspector's May 28, 1997 Action of Disapproval, for building permits in the "as built" construction of accessory garage in an area other than t'he required rear yard and deck addition with an insufficient front yard setback from private right-of-way (easterly property line) and excessive lot coverage, at 3235 Manhanset Avenue, Greenport, NY; 1000-43-1-8. Zone: R-40. Property size: 6821 sq. ft. At the end of discussions during the hearing, motion was made by Chairman Goehringer, seconded by Member Dinizio, to RECESS the hearing for a continuation at the Regular Meeting of the ZBA for August 14, 1997 (approximately 7:00 p.m.). 8:00 p.m. Appl. No. 4480 NICKHART REALTY. The hearing continued (see written transcript of hearing prepared under separate cover). At the end of discussions, motion was made by Member Goehringer, seconded by Member Ostermann, to close (conclude the hearing. Vote of the Board: Ayes: All, none opposed. This resolution was duly adopted. 8:27 p.m. Short break. Motion was made by Chairman Goehringer, seconded by Member Tortora, to recess for an approximately three-minutes break. This resolution was duly adopted. 8:33 p.m. Meeting reconvened. 8:35 p.m. Appl. No. 4490 RICHARD AND THERESA SIRIANO. This application is based upon the April 19, 1997 Action of Disapproval issued by the Building Inspector, for a Variance under Article XXIV, Section 100-244C and Section 100-33 for permission to locate an accessory garage building in a front yard to less than the required 40 ft. front yard setback provided by Article III, Section 100-33C and Article XXIV, Section 100-244B pertaining to waterfront lots of less than 40,000 sq. ft. in size. Zone: R-40. Location of Property: 600 Beebe Drive, Cutchogue, NY; County Parcel 1000-97-7-5; also known as Lot #29, Moose Cove Subdivision Map. 8:49 p.m. Applications of ARTO KHRIMIAN for variance relief, based upon the April 28, 1997 Action of Disapproval of the Building Inspector in which applicant was denied a building permit to continue construction for the following reasons: a) Article XXIV, Section 100-242B(1): a nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty (50%) percent of its fair value shall not be repaired or rebuilt unless such building is made substan- Page 3 - Minutes ~ ~ Southold Town Board of Appeals Regular Meeting of July 10, 1997 tially to conform to the height and yard requirements of the Bulk Schedule (see Section 100-244B Nonconforming Lot- Bulk Schedule). b) Chapter 46, Section 46-18A: new construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural members supporting the lowest elevated floor is elevated to or above the level of the base flood so as not to impede the flow of water. Note: Building Permit No. 22965 dated August 24, 1995 authorized applicant "...to renovate and alter an existing single-family dwelling as applied for .... " Location of Property: 58365 C.R. 48, Greenport, New York; 1000-44-2-13. Total lot size: 2125 sq. ft. After receiving testimony during the hearing, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing, pending receipt of the builder's estimate. This resolution was duly adopted. End of Hearings. II. SE(~RA: A. Type II Designations: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to confirm Type II Designations involving accessory uses, setbacks, lot-coverage, waivers for lots based on original deed creating lines as exist for Piriano, Lettieri, Klein, Siriano, Khrimian. Vote of the Board: Ayes: Ali, none opposed. This resolution was duly adopted. III. RESOLUTIONS/OTHER/WRITTEN CORRESPONDENCE: A, RESOLUTION: Motion was made by Member Tortora, seconded by Member Dinizio, and dulyc arried to RE-CALENDAR for a continued public hearing the Matter of Application of Mary Taugney as requested by applicant for the ZBA Meeting of August 14, 1997. Vote of the Board: Ayes: Ali, none opposed. (Note: The applicant has confirmed that she does not wish to change the map and wants to proceed with the Board as filed for a final hearing and determination on her application. ) B. The Board discussed the letter received from the Planning Beard Chairman which requests an opinion/response as to whether or not use of a registered truck/vehicle requires a building permit or zoning use authorization by special exception when it is used for take-out food service at an established take-out restaurant, B-General Business Zone. Truck is also referred to as a "hot-dog tl~ailer.'' The opinion of the Board is that mobile sales is not a permitted use and a truck is not a structure. C. (Agenda Item E). Letter from Jeanne Grim to the ZBA. The opinion of the Board is that Oregon Road Recycling, Inc. has received zoning approvals which will authorize the repair of motor vehicles under Page 4A- Minutes ~J Southold Town Board of Appeals Regular Meeting of July 10, 1997 Appl. No. 4041 issued September 12, 1991 and June 25, 1986. Permitted activities include up to 10% for advertisement of repaired vehicles, as well as dismantling, salvaging, and repairs. Property ID #1000-83-3-4.5 (a/k/a 11910 Oregon Road, Cutchogue. Operator: Don Grim.) DELIBERATIONS/DECISION: Due to the extra time between hearings, the Chairman proceeded to the Deliberations-Decision items on the Agenda, in the MATTER OF THE APPLICATIONS OF: Louis Moore Bacon (Robins Island). Andrew Lettieri Richard and Theresa Siriano. See following pages which are copies of the originals filed with the Town Clerk's Office as adopted at this time for the above. APPEALS BOA~)~ff~K'411~E-RSM Z,mtes of du Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann ~J~~4997 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 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JULY 10, 1997 Appl. No. 4491 - Louis Moore Bacon LOCATION OF PROPERTY: Robins Island PARCEL 1000-134-3-5 DATE OF PUBLIC HEARING: June 19, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-400 Zone District, near North Race in Great Pecmfic Bay consisting of 434+- acres. BASIS OF APPEAL: ZBA Conditional Action rendered March 6, 1996 under Appl. No. 4354. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: This is an application requesting approval for modification, in part, of Variance Project .14354 approved by the Board of Appeals March 6, 1996. The specific areas requested for consideration are: (1) AREA C FARM CENTER: Modification as follows: (A) C.4 Ag~ricultural/Maintenance Compound: Reduce size, scope and reassignment of sleeping quarters, and location slightly to the east. (B) C.5 Gamekeepers Barn: Add use for periodic sleeping quarters of two staff employees (reassignment). (2) B.5 DUCK INN-COTTAGE: restore building and add use of periodic sleeping quarters for one employee. (3) B.1 LANE LODGE-HOUSE. Minor clarification for record purposes to show height exists as three stories, not 2-1/2 stories as originally requested. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because this is a parcel which lies one mile from any other real property in the_- Town ' of - Southold, and change requested will not,have a-detr~mant:toiheisland. Page 2 - July 10, 199~Appl. #4491 Re: 1000-134-3-5 (Moore/Robins Island) Southold Town Board of Appeals (2) The requested area variance is not substantial and is a minor modification from March 6, 1996 determination. (3) The proposed variance will not have all adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the island is 434 acres in size and the relief requested is minor modification. (4) The 'situation has not been self-created. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as app.lied. VOTE OF THE BOARD: AYES: ~iembet~ Doyen,. Goehringer, Dinizio, Tortora and Ostermann. This re as a~.~b~y~~us //GERARD P. GOE , ~ Resolution Adopted July 10, 1997 ********************* Actions. new / 134-3-5 APPEALS BO ~E?v~ER~-._~<~~ 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 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JULY~10, 1997 Appl. No. 4490 - RICHARD SIRIANO PARCEL 1000-97-7-5 STREET & LOCALITY: 600 Beebe Drive, Cutchogue DATE OF PUBLIC ItEARING: July 10, 1997. FINDINGS OF FACT PROPERTY DESCRIPTION: This property is located in au R-40 Low-Density Residential Zone District, being situate along Beebe Drive and frenting along a canal of East Creek. This lot consists of a total area of approximately 22,200 sq. ft., lot width (frontage) along Beebe Drive of 100 feet and average tot depth of 220 feet. This lot is improved with a single-family, 1-1/2 story dwelling with frame deck and walk as shown on the survey last dated April 17, 1997. BASIS OF APPEAL: Buildhxg Inspector's Action of Disapproval dated April 29, 1997, which states that in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet a minimum front yard setback 40 feet. The side yard setback is shown to be the minimum requirement at five feet (as per 100-244B for lots having 22,200 sf in size). AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate an accessory garage on a waterfront lot at 28 feet (closest setback) and 32 ft. front yard at the opposite front yard setback. Article III, Section 100-33 requires a minimum of 40 feet from the front proper~y line. REASONS FOR BOARD ACTION, DF~SCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborimod or a detriment to nearby properties because two houses to the northeast visually appear in harmony with the adjacent house to tile northeast. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. (3) The requested area var'mnce is not substantial representing approximately 30 percent' variation for the front yard setback. Page 2 - July 10, 199~ Appl. #4490 - 1000-97-7-5 (Siriano) Southold Town Board of Appeals · (4) The proposed variance will not trove an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it will improve a flooding condition as documented by applicant's attorney. (5) The situation has not been self-created. (6) Tkis action is the mini~num ttmt 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: Member Tortora, it was On motion by Member Dinizio, seconded by RESOLVED, to GRANT the relief as applied with electric utility only. VOTE OF THE BOARD: Tortora, and O~termann. vote (5-0). ********************* AYES: Members Doyen, Goehringer, Dinizio, This cesolution was adoptS- unanimous ~'~-- GEaARD P. GOEH 6 a, CH aMAN .-' ' Resolution Adopted 7/1 t97 · r · 5 A ctmns. All t 97 - 7- APPEALS BOARD 1VI~i~R~B[~-~ M±nutes Gerard P. Goehringer. Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann ~19 9 7 BOARD OF APPEALS TOWN OF SOUTHOLD SOuthotd Town Hall 53095 Main Road P.O. Box 1179 Southold. New York t 1971 Fax (516) 765-t823 Telephone (5 t6) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JULY 10, 1997 Appt. No. 4493 - ANDREW and BERNICE LETTIERI PARCEL 1000-98-2-12.1 (combined 11 & 12, former lot numbers) Also re£erred to as lot numbers 29 and 30 on the Map of Arrowhead Cove filed with the County Clerk as iVlap No. 3810. STREET & LOCALITY: 1720 Arrowhead Lane, Peconic DATE OF PUBLIC HEARING: July 10, 1997 PROPERTY FACTS: DESCRIPTION: This property is a conforming tot loc~ated in an R-40 Zone District, being situate on the westerly side of Arrowhead Lane, Peconic. This lot contains a total area of 40,800 square feet, 255 ft. road frontage, and lot depth of 160 feet. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated June 2, 1997 which reads as follows: under Article IItA, Section 100-30A.3 of the Bulk and Parking Schedule in an R-40 Zone the proposed construction at 38 ft. 4 hlches wilt have insufficient rear yard set back. The required rear yard setback is 50 ft. minimum. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To reduce rear yard setbacks relative to two sections of the proposed new dwelling to 38'4" from tile rear of the house to the westerly property line at the southwesterly cud and ~tpproximately 47 feet at the northwesterly end of the proposed dwetling as shown on House Plan No. 1810F dated 4/25/97 (preliminary date of 4/1/97) prepared for applicants by George H. Fisher. Also submitted for consideration is a survey amended October 8, 1997 prepared by Roderick VmlTuyt, P.C. The proposed [font yard setback is shown at 50 feet. REASONS FOR .BOARD ACTION~ DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the rear yard or westerly side abuts a vineyard which has a buffer zone of a wire ~ence and ~wo rows of trees measuring approximately 20 ft. wide. The southerly- and northerly setbacks exceed the minimum requirement of 35 feet. The front setback meets the 50 ft. requirement. Page 2 - July 10, Appl. ~4493:1000-98-2~2.1 (Lettieri) Southold Town Board of Appeals (2) The benefit sought by the applicant can be acl~ieved by some method, feasible for applicant to pursue, other than an area variance, however, it would entail considerable revision in the proposed House Plan and Would not produce the desired results for the applicants. (3) The requested area variance is not substantial. (4) The proposed variance wilt not have an adverse effect or impact on the physical or environmental conditions in tile neighborhood or district because tile proposed ttouse Plan in relation to size of lot precludes any interference with neighboring properties; (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 preserve and protect the characIer of the neighborhood, and the health, safety, welfare of the community. RESOLUTION.ACTION: On motion t~y Member Ostermann, seconded by Chairman Goehringer. it was RESOLVED, to GRANT the relief-as applied. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio, Tortora, and Ostermann. This resolution was adopted by unanimous vote (5-0). GERARD P. ' GOEHRINGER, ~5IAIRMAN Actions. 97/98-2-12. i Page § - Minutes Southold Town Board of APpeals Regular Meeting of July 10, 1997 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Linda Kowalski ~l/~ ~~m~9~n ~~ . . ~ . oar d Sec re ta ry RECEIVED YkND FILED BY THE $OU~HOLD TOWN CLERK DATE ~//~//~ HOUR Town Cleck, To.wn o~ Souihold